Interim code of practice: municipal and agricultural drain maintenance

On this page

• About this code of practice
• Conditions
• Measures to protect fish and fish habitat
• Glossary

1.0 About this code of practice

This code of practice outlines Fisheries and Oceans Canada's (DFO) national best practices for municipal and agricultural drain maintenance, and applies only to drains with intermittent flow. Intermittent drains flow only for a short period of time in spring or during wet weather and are dry for the remainder of the year.

Municipal and agricultural drain maintenance is required to restore drains to their original design grade, to ensure proper drainage during intermittent flow (for example, drainage for agricultural fields and municipal storm drains). Maintenance activities can include:

• work on the banks including repair, stabilization and brushing (slope and top of bank)
• isolated spot cleanout, full cleanout (when dry or frozen) and bottom cleanout (when dry or frozen)
• repairs to, and maintenance of, water control structures, pipes, junction boxes, catch basins, pump stations, dykes and pipe outlets
• removal of debris

When municipal and agricultural drains with intermittent flow are dry or frozen, these activities can be completed at any time of year. When these drains contain water, the activities must adhere to timing windows.

You can protect fish and fish habitat when proceeding with municipal and agricultural drain maintenance by following the measures listed below. When implemented correctly, these measures can manage the risk of harmful impacts associated with municipal and agricultural drain maintenance, which can include:

• disturbance of watercourse bed and banks
• release of sediments or other deleterious substances
• changes to aquatic habitat

The purpose of this code of practice is to describe the conditions under which the code can be applied to your project and the measures you are required to implement in order to prevent harmful impacts to fish and fish habitat and avoid contravention of the Fisheries Act and the Species at Risk Act. If you cannot meet all of the conditions and implement all of the applicable measures listed below, your project may result in a violation of the Fisheries Act and the Species at Risk Act and you could be subject to enforcement action.

DFO is responsible for the conservation and protection of fish and fish habitat across Canada. Under the Fisheries Act, no one may carry out works, undertakings and activities in or near water that result in the harmful alteration, disruption or destruction (HADD) of fish habitat, or the death of fish, unless it has been authorized by DFO, and prohibitions in the Aquatic Invasive Species Regulations must be followed unless authorized under federal or provincial law. DFO’s approval under the Species at Risk Act is also required if an activity affects an aquatic species at risk, any part of its critical habitat or the residences of its individuals.

If you are uncertain about whether this code of practice is applicable to your project, it is recommended that you consult our website or a qualified environmental professional to determine if other codes of practice should also be implemented, or if further review by DFO may be necessary. For any remaining questions, please contact the Fish and Fish Habitat Protection Program office located in your area. It remains your responsibility to comply with the Fisheries Act and the Species at Risk Act.

It is your Duty to Notify DFO if you have caused, or are about to cause, the unauthorized death of fish by means other than fishing/harmful alteration, disruption or destruction of fish habitat. Such notifications should be directed to the Fish and Fish Habitat Protection Program office located in your area.

This code of practice does not remove nor replace the obligation to comply with the requirements of any other federal, territorial, provincial or municipal regulatory agency including guidance regarding species and habitats managed by these jurisdictions.

A project review by DFO is not required when the project activities meet the description in section 1 and the conditions in section 2, and when the measures to protect fish and fish habitat set out in section 3 of this code of practice are applied. Request a project review if your project does not meet all of these requirements.

2.0 Conditions

The following conditions describe when this code of practice can be applied:

• you determine if there are aquatic species at risk within the affected area by consulting our aquatic species at risk map, and you confirm that the work will not take place within
• distribution area of molluscs listed under schedule 1 of the Species at Risk Act
• critical habitat or residences of any other aquatic species at risk
• this work does not include
• use of explosives
• you ensure that there is no temporary or permanent increase in the existing footprint below the ordinary high water mark (i.e., back to original design grade or cross-section)
• you implement the measures in section 3 to protect fish and fish habitat when carrying out the works, undertakings and activities

3.0 Measures to protect fish and fish habitat

3.1 Protection of fish

• if water is present, carry out the project to respect timing windows
  • limit the duration of in-water works, undertakings and activities
• ensure project area is isolated using fish exclusion device
• capture fish trapped within an isolated or enclosed area and relocate them to the same watercourse or water body
• capture and relocate any fish trapped within an isolated /enclosed work area and safely relocate them to an appropriate location in the same waterbody
  • capture and relocate any fish as per applicable permits

3.2 Protection of the riparian zone

• limit vegetation removal, pruning and grubbing to the area required for accessing the project site
• limit access to shorelines and banks or areas adjacent to the watercourse or water body
• use existing trails, roads, access points or cut lines
• construct roads, access points and approaches perpendicular to the watercourse or water body
• use methods to reduce soil compaction (e.g., swamp mats, pads)
• reinstate stream banks and slopes of the affected riparian zone
• re-vegetate the affected riparian zone with native or suitable species for the project site

3.3 Protection of aquatic habitat

• maintain base flow and seasonal flow of water during all phases of the project
• restore the bed and banks, gradient and contour affected by the project
• operate machinery on land or on ice during all phases of the project
• limit operation of vehicles and machinery to the area required to carry out the project
• ensure that machinery arrives on the project site in a clean condition and is maintained free of invasive species and noxious weeds

3.4 Protection of fish and fish habitat from sediment

• manage sediment laden water flowing onto or through the site during all phases of the project
• install erosion and sediment control measures prior to beginning the project
• develop and implement an erosion and sediment control plan for all phases of the project
  • regularly observe the watercourse or water body for signs of suspended sediment during all phases of the project and take corrective action when and where required
  • inspect the erosion and sediment controls regularly during all phases of the project
  • repair the erosion and sediment controls during all phases of the project
  • operate machinery on stable areas
  • use biodegradable materials for erosion and sediment controls whenever possible
  • remove all erosion and sediment controls (unless biodegradable) once the site has been stabilized
  • dispose of, and stabilize all excavated material above the ordinary high water mark or top of bank of nearby water bodies and ensure sediment entry to the watercourse is prevented
  • use only clean materials
• keep the sediment control measures in place until all disturbed ground has been stabilized and suspended sediments have settled

3.5 Protection of fish and fish habitat from other deleterious substances

3.5.1 Develop a prevention plan

• develop a prevention plan to prevent deleterious substances from entering a watercourse or water body
• maintain all machinery on site in a clean condition and free of fluid leaks
• wash, refuel and service machinery and store fuel and other materials for the machinery in such a way as to prevent any deleterious substances from entering a watercourse or water body
• store fuel and maintain machinery (e.g., washing, refueling, servicing) in such a way as to prevent any deleterious substance from entering watercourse or water body
• dispose of all waste materials on land in a designated area away from the ordinary high water mark of any watercourse or water body
• remove debris with machinery operating from land

3.5.2 Implement a response plan

• implement a response plan immediately in the event of a spill of a deleterious substance (including sediment)
• stop all works, undertakings and activities
• report spill immediately, when a deleterious substance enters a watercourse or water body
• contain water with deleterious substances
• clean-up and dispose of water contaminated with deleterious substances
• use an emergency spill kit

4.0 Glossary

Affected area

The area within which all of the proposed project impacts are likely to occur either directly (i.e., project footprint) or indirectly (i.e., downstream or other surrounding areas).

Aquatic invasive species

Aquatic invasive species are fish, invertebrate or plant species that have been introduced into a new aquatic environment, outside of their natural range. See more information on Aquatic invasive species.

Aquatic species at risk

Any aquatic species listed under Schedule 1 of the Species at Risk Act as endangered, threatened, or extirpated.

Bottom cleanout

Consists of removing accumulated sediment from a drain, spreading the spoil on adjacent fields and, removing vegetation from the bottom of the channel only.

Brushing

The removal of vegetation along the slope of the bank. Brushing the bank slope does not disturb soil or remove the roots of any trees or shrubs.

Deleterious substance

Any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the human use of fish that frequent that water. For example: fuel, lubricants, paint, primers, rust, solvents, degreasers, antifreeze, uncured concrete, creosote, chlorinated water, herbicides, debris, Styrofoam, sand blasting abrasives, etc.

Full cleanout

Consists of removing accumulated sediment from a drain, spreading the spoils on adjacent fields, and removing vegetation from the bottom of the channel, the slopes of both banks, including root removal. Can also include the removal of trees and other vegetation from the top of a bank (as required).

Harmful alteration, disruption or destruction (HADD)

Any temporary or permanent change to fish habitat that directly or indirectly impairs the habitat’s capacity to support 1 or more life processes of fish.

Ordinary high water mark

The usual or average level to which a body of water rises at its highest point and remains for sufficient time to change the characteristics of the land. In flowing waters (e.g., rivers, streams) this refers to the "active channel/bank-full level" which is often the 1:2 year flood flow return level. In inland lakes, wetlands or marine environments it refers to those parts of the water body, bed and banks that are frequently flooded by water so as to leave a mark on the land and where the natural vegetation changes from predominately aquatic vegetation to terrestrial vegetation (excepting water tolerant species). For reservoirs this refers to normal high operating levels (i.e., full supply level).

Qualified Environmental Professional (QEP)

A person who is experienced in identifying and assessing potential impacts to fish and fish habitat generated from various works, undertakings or activities conducted in or near water, and implementing management measures to avoid and mitigate them. QEPs possess a post-secondary degree or diploma in biological, geophysical or environmental sciences and are often referred to as:

• aquatic biologist
• fisheries biologist
• fluvial geomorphologist
• applied scientist
• fisheries technician
• environmental consultant
• natural resource consultant

Riparian vegetation

Occurs adjacent to the watercourse and directly contributes to fish habitat by providing shade, cover and areas for spawning and food production.

Riparian zone

Area located between a water body's ordinary high water mark and upland area.

Spot cleanout

Cleanout of isolated areas of sediment build-up that is significant enough to cause erosion or flow blockage/flooding concerns in the channel. This may include a sediment trap (dug below design grade) cleanout.