Wetlands

Nova Scotia’s Approach

Kathleen Johnson, P.Eng.Regional Offices

What to Expect!

What is a wetland?Why should we care?How do I know?Wetland types - and the species that call them home

Legislation & OperationsWhat do we expect from you?Resources availableWhat’s been happening?Where are we headed?

What is a wetland?

In Legal Terms.....

“Land referred to as a marsh, swamp, fen or bog that eitherperiodically or permanently has a water table at, near or abovethe land’s surface or that is saturated with water, and sustainsaquatic processes as indicated by the presence of poorly drainedsoils, hydrophytic vegetation and biological activities adapted towet conditions.”

In Practical Terms…

It’s land that is regularly covered or soaked with water for part or all of the year and has a presence of wet- adapted species. They are neither land nor water but

transition zones that combine features of both.

Nova Scotia Environment and Labour NSEL) recognizes that wetlands are a particularly sensitive habitat and that alteration of wetlands can cause a significant adverse environmental effect.

The Landscape

- Nova Scotia is 5.5 million hectares in size.

- 400,000 hectares of is wetland (7.5%), not includingswamps (as high as 20% if you include swamps).

- 75% of wetlands are privately owned.

- Canada has 25% of the world’s remaining wetlands.

- Nova Scotia has suffered significant wetland loss in coastal and agricultural areas.

Why are Wetlands Valuable?

- Help keep the environment clean and in balance by filteringpollutants (nitrogen, phosphorous, TSS)

- Recharge freshwater and groundwater systems

- Store greenhouse gases and carbon, rather than releasing tothe atmosphere

- Provide water-holding/regulating capacity which controlsflooding and erosion

- Provide some of the nature’s most biologically productiveecosystems for both plants and animals

How Do I Know It’s a Wetland??Mechanisms for Wetland Identification

All three parameters must be present:• hydrology - conditions where the land is saturated

enough to promote aquatic plant growth• soil type - presence of hydric soils or soils that form

under conditions of saturation long enough to develop anaerobic conditions in the upper part

• vegetation - obligate/facultative wetland species

Types of Wetlands:

-bogs-fens

-swamps-marshes

Bogs

- most common form of wetland in Nova Scotia - mossy, peat covered, peat filled (>40cm)- primary source of water is precipitation and snowmelt- acidic with low nutrient content, anaerobic- surface raised or level with surrounding terrain- water table at or slightly below the surface, poorly drained

Soil Order = OrganicGreat Groups:

Fibrisols/Mesisols largely undecomposed

to intermediate in decomposition

Fens

- not as common as bogs in Nova Scotia - also an accumulation of peat (>40cm)- similar to bogs but receive water from surrounding lands that tend to

form channels- waters are rich in dissolved minerals therefore support great

abundance of life- surface is level with water table- contain several rare plant species

Soil Order = Organic Great Groups = Mesisols/ Humisols intermediate to advanceddecomposed organics with less fibrous material

Swamps

- scattered throughout NS but have been greatly altered though human activity

- receive water from groundwater, surrounding lands, rivers- dominated by trees and/or shrubs (usually no peat)- water table is at or slightly below ground surface therefore

swamps tend to be soggy or wet- nutrient-rich

Soil Orders=Organic /Gleysolic Great Groups:Gleysol -periodically saturated with water

and depleted of oxygen and mineral, poor drainage, drab gray color

Mesisols/Humisols - more highly decomposed organics with less fibrous material

Marshes (fresh and saltwater)

- standing or inflowing water from surrounding area;severe fluctuation in level

- occur along waterbodies in areas that flood- fed by surface runoff, stream inflow, precipitation,

groundwater, tidal action- dominated by non-woody aquatic plants (too wet for

trees or shrubs) and is extremely productive

Soil Orders = Organic /GleysolicGreat Groups= Humic : advanced decomposition of

organics Rego Gleysols:Gleyed C horizon;

little or no B horizon

Department’s authority?

The Department has governed wetlands since the 1967 WaterAct! In 1995, the Environment Act was born and wetlandsremained under the Departments mandate as a sensitive site.

In March 2006, the Wetland Designation Policy and OperationalBulletin were released which did not present a new position butformalized an avoidance, mitigation, and compensationapproach.

The Activities Designation Regulations were amended in July2007 to specify that the alteration of a wetland requires anapproval, rather than being captured as a sensitive site underSection 29.

Approvals

1. Alteration of any size - a Part V approval (construction) - deals withenvironmental protection ($250)

2. Alteration/disruption is >2 hectares a Part IV Approval is requiredunder the Environmental Assessment Regulations - allows forconsideration of a broad range of issues(environmental, human health,socio- economic, cultural, historical, archaeological, etc.)

($5000 +)

So, What is an Alteration?

• Alteration is defined as filling, draining, flooding or excavating.

• This includes building a driveway or road

So, you want to alter a wetland...now what?What do we expect from you?

The wetland must be assessed and an application must be madeto the local NSEL office providing the following minimuminformation that has been prepared by qualified individuals:

- wetland delineation including maps & photos,- property ownership, boundaries & zoning,- ecology (including Species at Risk), hydrology &

hydrogeology characterizations,- reason for alteration and alternatives considered,- detailed description of alteration methodology & impacts, - opportunities for mitigation and compensation

PLEASE NOTE- AVOIDANCE MUST BE MET WHERE POSSIBLE

How Does NSEL make it’s decisions on application?

NSEL (in association with DNR) make decisions based on a step-wiseprocess:

1. Avoidance of impacts - involves the prevention of impacts by choosing analternate project, design or site.

2. Minimization of unavoidable impacts -involves the reduction of adverseeffects of development on the function and value of the wetland.

3. Compensation for impacts that can’t be minimized -involves a variety of alternatives that attempt to replace the loss of, damage to,or function/value of the wetland.

Step 1: Avoidance

This step involves the prevention of impacts, by choosing an alternateproject, alternate design or alternate site.

Approvals will not be issued to alter wetlands when there are reasonablealternatives or the alteration is solely for easthetic purposes.

It is the applicants responsibility to demonstrate that there are no projectalternatives and that they have carefully examined all alternate projectdesigns and locations.

Step 2: Minimization of Unavoidable Impacts

Minimization involves the reduction of adverse effects of developmenton the function/value of the wetland.

Step 2 will only be considered once it has been determined that the project is unavoidable via Step 1.

At this point, add’l information will be required:

- impacts of the project on the wetland and all mitigation optionsconsidered,

- local concerns and conditions (i.e. flooding, rarity of wetland type inarea, etc),

- method to replace wetland function and the monitoring plan todetermine effectiveness of mitigation.

Step 3: Compensation for Impacts

Compensation involves a variety of alternatives that attempt to replacethe loss of, or damage to, wetland function and value and is consideredthe last resort!

The preferred method of compensation includesrestoration/enhancement of a like-type wetland. Creationmay be considered if no other option exists.

Preference for compensation must first be given to:

1. A project within the watershed, 2. Then an adjacent or nearby watershed, 3. Lastly, a more distant watershed may be considered if it can be

demonstrated that there is no closer option.

Examples of compensation projects that have beenaccepted

Combinations of:

Off site wetland restorations Or

On site wetland restorationsAnd

an educational component to existing or restored wetlands (trails, benches, signage)

OrProduction of education materials (booklet)

Compliance

The primary goal of NSEL is to obtain voluntary compliance with the Act & Regulations. In the event of a non-compliance, an inspector may use any one, or combination, of the following enforcement tools:

• Environmental Warning Report

• Summary Offence Ticket (SOT) with penalties ranging from $682.00

• Information or Long Form Prosecution

• Ministerial Order (Sections 125-128 of the Act)

Tools to identify wetlands?

NSDNR maintains a wetland inventory that is based on visualinterpretation of 1:10,000 scale aerial photos taken during thelate ‘80's and 90's and have been adapted to the CanadianWetland Classification System.

This inventory provides up to 3 vegetation communities, size,and type for wetlands larger than ~0.5 ha.

Caution: only a small percentage have been ground-truthed andswamps are under-represented.

Helpful reference sites:

The Canadian Wetland Classification Systemhttp://www.uwwrc.net/web/wetlandsrc/cat/books/books-

1053313151236

NSDNR Wetland Inventoryhttp://www.gov.ns.ca/natr/wildlife/wetlands/nswi.htm

Natural History of Nova Scotiahttp://museum.gov.ns.ca/mnh/nature/nhns/habitats.htm

Wetlands of BC - A Guide to Identificationhttp://www.for.gov.bc.ca/hfd/pubs/Docs/Lmh/Lmh52.pdf

Wetland Delineation does not involve heavy equipment.

'00

02468

1012141618202224262830

# applications # approved # withdrawn

# rejected # under review

What’s HappeningStatistics

‘99 ‘01 ‘02 ‘03 ‘04 ‘05 ‘06 ‘07

Where are we going?

The Environmental Goals and Sustainable Prosperity Act commits thedepartment to establishing a policy of preventing net loss of wetlands by2009.

This will involve public consultation to contribute to a high-qualitypolicy that may identify more effective alternatives, mechanisms tolower costs to business and administration, ultimately gaining bettercompliance, while still protecting wetlands as a resource.

Take Away

Wetland Identification, characterization and delineation is complicatedand in-depth.

Tips:

-HIRE A GROUP OF QUALIFIED PROFESSIONALS -INVOLVE THE DEPARTMENT EARLY!