Government of New Brunswick
Background

In an effort to help protect New Brunswick's surface water resource from the effects of alterations such as, but not limited to, construction activities, uncontrolled landscaping and forestry activities, and the installation of obstructions (e.g. culverts, dams, causeways, etc.), the Department of Environment and Local Government administers the Watercourse and Wetland Alteration Regulation – Clean Water Act.  Although, this Regulation has been in place for over 30 years, not everyone has a clear understanding of when a watercourse or wetland alteration permit is required.

The Watercourse and Wetland Alteration Regulation – Clean Water Act states that any person working in or within 30 metres of a watercourse or a wetland is required to obtain a Watercourse and Wetland Alteration permit prior to doing so.

Watercourses are defined under the Clean Water Act as “the full width and length, including the bed, banks, sides and shoreline, or any part, of a river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch or other natural or artificial channel open to the atmosphere, the primary function of which is the conveyance or containment of water whether the flow be continuous or not”.

Wetlands are defined under the Clean Water Act as “land that (a) either periodically or permanently, has a water table at, near or above the land’s surface or that is saturated with water, and (b) sustains aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation and biological activities adapted to wet conditions.

 

When is a Permit Required

Alterations requiring a watercourse and wetland alteration permit are as follows:

  • Constructing structures on/over or in a watercourse or wetland, such as retaining walls, breakwaters, bridges, culverts, and wharves.
  • Installing/modifying a dam or other water level control structure, or installing/modifying a pipeline crossing.
  • Carrying out repairs to existing structures on/over or adjacent to (within 30 metres) a watercourse or wetland that result in a change in the size, shape, materials or alignment of the structure, or involve construction or excavation.
  • Driving or operating machinery in a wetland or on the bed of a watercourse, or operating heavy machinery within 30 metres of a wetland or the banks of a watercourse.
  • Disturbing ground within 30 metres of a wetland or the banks of a watercourse.
  • Removing vegetation from a wetland or the bank or bed of a watercourse, or harvesting trees within 30 metres of a wetland or the banks of a watercourse.
  • Depositing or removing any material such as fill, sand, mud, gravel rocks, debris, etc. from a watercourse or wetland, or from within 30 metres of a wetland or the banks of a watercourse.
  • Draining, pumping, or otherwise withdrawing water from a watercourse or wetland.
  • Creating or altering either a dugout or a by-pass pond that is located within 30 metres of a watercourse or a wetland.

 

Types of Permits

There are two types of permits available:

The provisional permits deal with alterations (activities) that pose a potentially low level of environmental risk and can typically be carried out with a standard set of conditions of approval. The process time for a provisional permit can be up to ten (10) days.

The second type of permit available is the standard permit, which is intended for projects of a more significant nature and potentially represents a higher risk to the environment. These projects require a more comprehensive review and the establishment of site/project specific conditions of approval. The process time for a standard permit can be up to eight (8) weeks.

 

How to Apply for a Permit

All projects requiring a watercourse and wetland alteration permit (i.e. alterations in or within 30 metres of watercourses/wetlands) can be applied for using our online application program.  The online application program has been developed to help guide you to the proper permit application through a series of questions.  As a user, you will have the option to enter the application program as a guest or by creating an account.  If you are a frequent user, we recommend that you create an account.  By doing so, your contact information is saved and you will not need to re-enter this information each time you return for more applications.  The online application program is designed for new permit applications, but also handles all renewal/revision requests. 

Click here to apply

 

How is the Regulation Enforced

The Department of Environment and Local Government carries out periodic inspections of watercourse and wetland alterations to ensure that only the work described on the watercourse and wetland alteration permit is being carried out, and also to ensure compliance with the specified conditions.

If the terms of the permit are not followed or if work is being done without a permit, the Minister of Environment and Local Government may issue a stop work order and/or an order to remove or repair work that has been done.

Legal proceedings may be undertaken against anyone who violates the Act, the Regulation, or Ministerial orders.  If convicted of an offence under this Regulation, an individual may be fined up to $50,000, whereas the fine for corporations may be as high as $1,000,000.