Notification of Authorized Changes In And About A Stream
Notification of Authorized Changes In And About A Stream
- Costs and Responsibilities
- What you need to apply
- What happens after you apply
- Tips for a successful application
Under the Water Sustainability Act (WSA), "changes in and about a stream" means:
- any modification to the nature of the stream, including any modification of the land, vegetation and natural environment of a stream or the flow of water in a stream, or
- any activity or construction within a stream channel that has or may have an impact on a stream or stream channel.
Under the Water Sustainability Act (WSA), "stream" means:
- a natural watercourse, including a natural glacier course, or a natural body of water, whether or not the stream channel of the stream has been modified, or
- a natural source of water supply, including, without limitation, a lake, pond, river, creek, spring, ravine, gulch, wetland or glacier, whether or not usually containing water, including ice, but does not include an aquifer;
A "stream channel", in relation to a stream, means the bed of the stream and the banks of the stream, both above and below the natural boundary and whether or not the channel has been modified, and includes side channels of the stream.
Notification of Authorized Changes
Notification of Authorized Changes are specified in Part 3 of the Water Sustainability Regulation. Authorized changes are activities that typically have minimal impact on the environment and third parties. Work associated with authorized changes must meet the requirements of the Water Sustainability Regulation, and comply with any conditions set out by a habitat officer in response to the application.
You must submit a notification of authorized changes application for any proposed work to FrontCounter BC a minimum of 45 days before beginning work. Submitting more than 45 days ahead of time is recommended. If you have not heard back from a Habitat Officer within 45 days (or by the proposed start date if you submitted more than 45 days in advance), you must make sure that your work meets the terms and conditions described in Part 3 of the Water Sustainability Regulation and any terms and conditions specific to the region in which you are working before you may proceed with the changes.
Regional Terms and Conditions and Timing Windows
The authority to work in and about a stream, either through a change approval or notification of authorized changes, is generally granted with terms and conditions attached. Terms and conditions vary from region to region, and work in each region is generally restricted to specific times of the year called regional timing windows.
If you are granted a change approval, terms and conditions will be specified as part of your approval.
If you are submitting notification of authorized changes, you must comply with the terms and conditions in your region, as well as any terms and conditions specified by the habitat officer.
Terms and conditions and timing windows for your region can be found here.
NOTE: Marine/saltwater is not included within the definition of a "stream" or a "stream channel" under the Water Sustainability Act.
Archaeological sites are protected under the Heritage Conservation Act and must not be altered or damaged without a permit issued by the Archaeology Branch. Information regarding potential risks to protected archaeological sites may be obtained by submitting an online data request form to the Archaeology Branch or by contacting a professional archaeologist via the BC Association of Professional Archaeologists (www.bcapa.ca) or via local directories. Visit the Archaeology Branch website for more information.
Costs and Responsibilities
Notification of Authorized Changes
There is no fee to submit notification of authorized changes. However, if the work you propose to do under a notification of authorized changes is deemed to require a change approval or other authorization, you will be charged the associated application fee.
Application fees are not required from the following:
- Provincial or Federal Ministries
- First Nations using water on reserve land
- Nisga'a citizen or entities applying to use water from the Nisga'a Water Reservation
- Change approvals that are processed by the BC Oil and Gas Commission
What you need to apply
To complete the application, you need the following:
- The name and contact information of the applicant and the applicant's agent, if applicable. If there are co-applicants for the licence, a BCeID is required in order to complete and submit the application. Obtain the BCeID before starting your water licence application as you will not be able to save your application without it
- The official name of the stream where changes in and about a stream are proposed or a location description for the stream
- Location description for the land or undertaking, if any, to which the change approval is to be appurtenant
- A start date and end date for the proposed work. You must confirm that your works will be carried out within the approved regional timing window. If your proposed work will not fall within the regional timing window, you must provide a detailed explanation and reasoning
- Details of the activities and proposed works
- Written consent from the landowner, if different than the applicant, for the use of the land for any works or construction of any works
- Contact information for site supervision and construction
The Changes In and About a Stream application allows the submission of multiple locations when appropriate. It is preferrable that the application is submitted as a single site application; however, each situation is different, so we recommend contacting FrontCounter BC to discuss your project in advance.
When preparing a multi-site application, please consider the following:
- All locations and activities/works should be associated with the same project or initiative.
- All sites should be within the same geographical area (i.e. municipality, watershed, source) and no more than 20 sites included per application. More than this should be confirmed in advance.
- Create a separate location for each site on the application form (Location of Works section)
- Include a general location map showing each of the sites. These sites should all fit on one map. Reference each site, cross-referencing the Site IDs listed on the application form.
- Include a site-specific map created for each site that is labeled matching the Site IDs listed on the application form. These can be displayed on the same map if nearby and meeting the water drawing standards.
- Project descriptions should be site-specific, do not copy and paste the same information for each site if there are different considerations.
- A digital spatial file showing all of the sites may be requested. If you have this, please provide it with your application.
- A map or drawing that meets the Application Drawing Standards and clearly shows all of the following features:
- The location of the existing or proposed works
- The location of the proposed changes
- The legal boundaries of the land where the changes will be located
- The legal boundaries of any land physically affected by the changes or the works
- The location of the stream and the direction of flow
- A copy of your letter of agency or other proof of authorization if you are an agent or third party filling out the application on behalf of the applicant.
- A copy of any permit, tenure or other authorization to use Crown land relevant to the locations of the changes, or proof that an application for the appropriate Crown land authorization has been made. If you have not already applied for a Crown land authorization, you will complete the application as part of the change approval application process.
- If you share or are connected to another person's works, it is recommended that a Joint Works Agreement outlining each party's role and responsibilities be completed.
What happens after you apply
Receiving the application
FrontCounter BC staff will review your application to make sure that it is complete. They will review any documents you might mail or bring to one of the FrontCounter BC offices. If more information is required, they will contact you.
You should hear back from a habitat officer within 45 days. If you do not hear from the habitat officer within 45 days of submitting a notification of authorized changes application, this means that your work meets the regional terms and conditions and you may proceed with the proposed changes. If you were requested to provide more information, the clock resets and the 45 days begins on the date you provided the additional information.
|Water Sustainability Act||The Water Sustainability Act is the principal law for managing the diversion and use of water resources in B.C.|
|Water Sustainability Act - Regulations||The Water Sustainability Act (WSA) regulations provide details about how the general principles in the WSA are to be applied in B.C.|
|Water Policies||Policies have been developed under the current Water Sustainability Act and informed by other provincial legislation to help guide the management of B.C.’s water resource.|
|Mapping Tools||A listing of free B.C. web-based mapping programs and tools available to the public.|
|Working Around Water||Guidance on making a change in and about a stream and more information on instream best practices.|
|Change Approval and Notification Information||More information on applying for a change approval or submitting a notification of instream work.|
|A User's Guide for Changes In and About a Stream in B.C.||General guidance on how to consider the Water Sustainability Act in planning for changes in and about a stream in B.C.|
|Requirements and Best Management Practices for Making Changes In and About a Stream in B.C.||Guidance on making a change in and about a stream and best management practices to consider when designing projects.|
|Water Application Fees, Rentals and Refunds||Guidance on water application fees, water rental rates, including a water rent estimator tool, and refund policy.|
|Terms, Conditions, and Timing Windows – Regional and Federal||Guidance on when you can carry out your works in and about a stream, including regional timing windows and Federal regulations.|
|Federal Authorizations - Works on navigable waters in Canada||To address the parts of your proposal that may apply to the Federal Navigable Waters Protection Act.|
|Federal Authorizations - Migratory Birds Regulation||To address the parts of your proposal that may apply to the Migratory Birds Regulation.|
|Federal Authorizations - Department of Fisheries and Oceans||To address the parts of your proposal that may apply to the Department of Fisheries and Oceans assessments for projects near water.|
Tips for a successful application
Follow these tips to make the application process easier:
1. Review this guide and have all the information and documents ready before you start filling out the application.
2. Use a Basic, Personal or Business BCeID for your application. A BCeID is easy to get and allows you to save, reopen, and check the status of your application online. Applications will automatically time-out after a certain period of inactivity if not saved.
3. Contact FrontCounter BC before you begin, to help you with all natural resource applications.