Maintenance of Riparian Vegetation in Existing Rights-of-Way

Rights-of-way are areas of land devoted to providing transportation corridors (e.g., highways, railways) or utilities (e.g., pipelines, power lines, water lines) that often intersect waterways. Vegetation is closely managed in these areas to prevent disruption to transportation or utilities (e.g., circuit outages, fires) and to ensure personal safety. Maintenance activities include mowing, brushing, topping and slashing of terrestrial vegetation. This Operational Statement applies only to existing rights-of-way at the location where they intersect and cross a water body.

Riparian areas are the vegetated areas adjacent to a water body and directly contribute to fish habitat by providing shade, cover and food production areas. Riparian areas are also important because they stabilize stream banks and shorelines. In order to minimize disturbance to fish habitat and prevent bank erosion, it is important to retain as much riparian vegetation as possible, especially the vegetation directly adjacent to the watercourse, in the right-of-way corridor.

Activities carried out to maintain riparian vegetation in existing rights-of-way can negatively impact fish and fish habitat by causing excessive loss of riparian vegetation, erosion and sedimentation, disturbance to the banks and the bottom of the water body from use of heavy equipment, and introduction of deleterious substances as a result of inadequate containment of spoil piles and improper maintenance of equipment.

Fisheries and Oceans Canada (DFO) is responsible for protecting fish and fish habitat across Canada. Under the Fisheries Act no one may carry out a work or undertaking that will cause the harmful alteration, disruption or destruction (HADD) of fish habitat unless it has been authorized by DFO. By following the conditions and measures set out below you will be in compliance with subsection 35(1) of the Fisheries Act.

The purpose of this Operational Statement is to describe the conditions under which it is applicable to your project and the measures to be incorporated into your project in order to avoid negative impacts to fish habitat. You may proceed with your right-of-way maintenance project without a DFO review when you meet the following conditions:

• the project is not located on a Class A stream according to the Alberta Water Act – Code of Practice,
• the work involves the maintenance of vegetation in an existing right-of-way for a transportation or utility corridor and not construction of a new right-of-way,
• it is an existing right-of-way at the location where it intersects and crosses a water body,
• it involves the use of vegetative maintenance techniques that allow the root system to stay intact, to help bind the soil and encourage rapid colonization of low-growing plant species, and
• you incorporate the Measures to Protect Fish and Fish Habitat when Maintaining Riparian Vegetation in Rights-of-way listed below in this Operational Statement.

If you cannot meet all of the conditions listed above and cannot incorporate all of the measures listed below then your project may result in a violation of subsection 35(1) of the Fisheries Act and you could be subject to enforcement action. In this case, you should contact the DFO office in your area if you wish to obtain DFO’s opinion on the possible options you should consider to avoid contravention of the Fisheries Act.

You are required to respect all municipal, provincial or federal legislation that applies to the work being carried out in relation to this Operational Statement. The activities undertaken in this Operational Statement must also comply with the Species at Risk Act (www.sararegistry.gc.ca). If you have questions regarding this Operational Statement, please contact the DFO office in your area (see Alberta DFO office list).

We ask that you notify DFO, preferably 14 days before starting your work by filling out and sending the Alberta Operational Statement notification form
(http://www.dfo-mpo.ca/regions/central/habitat/os-eo/
provinces-territories-territoires/ab/os-eo20-eng.htm) to the DFO office in your area. This information is requested in order to evaluate the effectiveness of the work carried out in relation to this Operational Statement.

Measures to Protect Fish and Fish Habitat when Maintaining Riparian Vegetation in Rights-of-way

1. While this Operational Statement does not cover the complete clearing of riparian vegetation, the alteration (e.g., topping and pruning) of select plants may be necessary to meet operational and safety needs.
2. Combined maintenance activities (e.g., mowing, brushing, topping, slashing, etc.) will affect no more than one third (1/3) of the total woody vegetation, such as trees and shrubs, in the right-of-way within 30 metres of the ordinary high water mark (see definition below) in any given year.
3. When practicable, alter riparian vegetation in the right-of-way by hand. If machinery must be used, operate machinery on land and in a manner that minimizes disturbance to the banks of the water body.
   • 3.1. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks.
   • 3.2. Wash, refuel and service machinery and store fuel and other materials for the machinery, which include hand tools, at locations away from the water to prevent any deleterious substance from entering the water body.
   • 3.3. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.
   • 3.4. Restore banks to original condition if any disturbance occurs.
4. Machinery fording the watercourse to bring equipment required for maintenance to the opposite side is limited to a one-time event (over and back) and should occur only if an existing crossing at another location is not available or practical to use. A Temporary Stream Crossing Operational Statement is also available.
   • 4.1. If minor rutting is likely to occur, stream bank and bed protection methods (e.g., swamp mats, pads) should be used provided they do not constrict flows or block fish passage.
   • 4.2. Grading of the stream banks for the approaches should not occur.
   • 4.3. If the stream bed and banks are steep and highly erodible (e.g., dominated by organic materials and silts) and erosion and degradation are likely to occur as a result of equipment fording, then a temporary crossing structure or other practice should be used to protect these areas.
   • 4.4. The one-time fording should prevent disruption to sensitive fish life stages by adhering to appropriate fisheries timing windows (see Alberta Water Act - Code of Practice restricted activity periods, which can be found at: http://environment.alberta.ca/1411.html).
   • 4.5. Fording should occur under low flow conditions and not when flows are elevated due to local rain events or seasonal flooding.
5. When altering a tree that is located on the bank of a water body, ensure that the root structure and stability are maintained.
6. Stabilize any waste materials removed from the work site to prevent them from entering the water body. This could include covering spoil piles with biodegradable mats or tarps. All long-term storage of waste materials should be kept outside of the riparian area.
7. In order to prevent erosion and to help seeds germinate, vegetate any disturbed areas by planting and seeding preferably with native trees, shrubs or grasses and cover such areas with mulch. If there is insufficient time remaining in the growing season, the site should be stabilized (e.g., cover exposed areas with erosion control blankets to keep the soil in place and prevent erosion) and vegetated the following spring.
   • 7.1. Maintain effective sediment and erosion control measures until re-vegetation of disturbed areas is achieved.

Definition:

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 so as to change the characteristics of the land. In flowing waters (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 or wetlands, 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 (Full Supply Level).

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