If you’re planning any activity that involves working in or around streams in British Columbia—such as building or upgrading a culvert, restoring fish habitat, or repairing a stream-crossing structure—then understanding the applicable sections of the province’s Water Sustainability Act (WSA) and its associated requirements is a crucial first step. The WSA ensures that projects impacting watercourses are carried out responsibly, with the health of our aquatic ecosystems and the people who rely on them in mind.
What is the Water Sustainability Act (WSA)?
The WSA is BC’s primary legislation governing water resources. It provides a framework for managing and protecting water quality, water quantity, and aquatic ecosystems. As part of this framework, many activities occurring in or near streams require adherence to specific regulations, including obtaining Change Approvals or providing Notifications before work begins.
Approvals vs. Notifications: Understanding the Difference
Under the WSA, activities that may impact a stream are generally divided into two categories:
- Activities Requiring a Change Approval:
These are usually more complex or potentially higher-risk activities that must be reviewed and approved by the provincial government before proceeding. For example, bank erosion protection, a bridge or pipeline crossing, dredging or significantly altering a stream channel typically requires a Change Approval. - Activities Requiring a Notification Only:
Low-risk activities or routine maintenance work may only require a Notification. By notifying the government, you’re confirming that your planned work meets the criteria outlined in the WSA regulations. Simple works like removing small debris from a stream or performing minor maintenance on an existing structure may fall into this category considered Authorized Changes. A list of Authorized Changes is provide in section 39 of the Water Sustainability Regulation (WSR). Sections 40 to 45 of the WSR outline the restrictions that apply to Authorized Changes.
When Do You Need a Permit?
To determine whether a permit (Change Approval) is required or if a Notification will suffice, consider the nature, scale, and potential environmental impact of your proposed activity. Examples of when a Change Approval might be required include:
- Installing or replacing large culverts to maintain fish passage.
- Constructing new bridges or modifying existing ones. (note – clear span bridges are often an Authorized Change and often proceed with a notification.)
- Engaging in habitat restoration projects that reshape the stream channel or alter flow patterns.
- Removing or repairing major infrastructure that has the potential to affect stream stability or water quality.
The Change Approval Application Process: Step-by-Step
If your project requires a Change Approval, the BC government’sChange Approvals and Notifications: User’s Guide offers clear guidance. Generally, the process looks like this:
- Determine Requirements:
Review the WSA regulations and the User’s Guide to confirm whether you need a Change Approval. If unsure, consider consulting an environmental professional. - Prepare Supporting Documentation:
Gather all relevant details about your proposed activity, including design plans, environmental assessments, and mitigation strategies. You may need to engage an Qualified Professional—such as a registered professional biologist, professional agrologist, or professional engineer—to help ensure your application meets regulatory standards. - Submit Your Application:
Applications can be submitted through designated provincial offices or online portals. Ensure all required forms are completed accurately and that you’ve included all relevant documents. - Await Review & Decision:
The regulatory authority will review your application, assessing potential impacts on fish habitat, water quality, and ecosystem health. The review may have a consultation period during which the regulator will contact potentially affected parties such as local Indigenous communities, or municipalities for comment. They may request additional information or recommend modifications to your proposal before granting approval. - Implement Your Project Responsibly:
Once approved, follow all conditions outlined in the Change Approval to ensure compliance with environmental standards. Keep all documentation on file and be prepared for inspections.
Filing a Notification
If your activity only requires a Notification, the process is typically simpler:
- Confirm Eligibility:
Check the criteria to ensure your work is considered low-risk and fits the Notification category. - Prepare Documentation:
Even though a Notification is for “Authorized Changes”, it’s wise to document your activity thoroughly—prepare drawings, photos, and a brief description of the work. - Submit the Notification:
Follow the instructions in the User’s Guide to notify the relevant authorities. Unlike Change Approvals, you generally do not need to wait for a response to proceed, provided your project meets all criteria. Generally speaking, 45 days after the notification has been received by a habitat officer the work may proceed. Terms and conditions for the work are outlined in Part 3 of the WSR and may also be stipulated by a habitat officer.
The Role of Qualified Professionals (QPs)
Qualified Professionals play a critical role in ensuring that projects comply with the WSA. These professionals—such as environmental scientists, engineers, agrologists or biologists—can:
- Assess risks to aquatic ecosystems.
- Design structures that maintain stream health and fish passage.
- Recommend best management practices for erosion control, sediment management, and habitat protection.
- Supervise construction activities to ensure compliance with regulatory conditions.
Engaging a Qualified Professional can streamline the approval process and reduce the risk of environmental harm.
Risk Assessments & Mitigation Measures
Before any work begins, conducting a thorough risk assessment is essential. Identify potential environmental impacts—such as habitat disruption or sediment release into the stream—and develop a mitigation plan. Measures may include:
- Installing silt fences or erosion control blankets.
- Scheduling work during fish window times (when vulnerable species are less likely to be impacted).
- Minimizing in-stream machinery use.
- Using bioengineering techniques to stabilize banks and improve fish habitat.
By taking proactive steps, you’ll not only protect aquatic ecosystems but also demonstrate responsible stewardship and reduce the likelihood of future compliance issues.
Compliance, Enforcement & Penalties
Non-compliance with the WSA can lead to inspections, mandatory remediation, or financial penalties. Provincial authorities have the power to enforce regulations to ensure that streams, fish habitats, and water quality are safeguarded. Stay informed, follow all approved conditions, and maintain open communication with regulatory bodies to avoid any compliance challenges
Additional Resources & Support
For more information, consult the following resources:
- Change Approvals and Notifications: User’s Guide (PDF)
- BC Government Water Sustainability Act Resources: https://www2.gov.bc.ca/gov/content/environment/air-land-water/water/laws-rules
If you need personalized guidance, our environmental consulting team can help you navigate the WSA framework. We offer comprehensive support—from initial planning and risk assessments to applications, Notifications, and post-approval monitoring—to ensure that your project proceeds smoothly and responsibly.
In Conclusion
Understanding the WSA’s requirements for Change Approvals and Notifications is key to successfully undertaking projects in and around streams. By familiarizing yourself with the process, seeking the help of Qualified Professionals, and adhering to best management practices, you can help protect British Columbia’s valuable water resources while achieving your project goals.