8.2. Legal Considerations

If you are working on private property you will need at least verbal permission from the landowners involved and written permission is best. Liability issues are a growing concern for all projects and activities. Before you undertake any work or field visits consult your insurance agent and be sure you understand the risks to are taking on. Make sure parents of children have given written permission for their children to participate in the work.

Some of the work you may be planning will require special government permits. Your NSSA contact will be able to advise as to what these are. You will need a permit if you plan to:

- Rebuild or remove a culvert or any other obstruction

- Stabilize a bank

- Install instream structures of any type

- Use heavy machinery

- Make any alterations in the watercourse

- Modify or remove an abandoned beaver dam

- Fish sampling

- Remove infill or dredge material

- Recreate tidal creeks, pannes etc

- Remove, replace, modify a tidal barrier (causeway, culvert, aboiteau)

- any other activity aimed at restoring estuarine habitat

You will need to apply to the Nova Scotia Department of the Environment and Labour for a "Watercourse Alteration" permit for any instream work, or to work in any area (lake, wetland etc.) that drains into a watercourse (see the section Where to Go For Help). Contact the local office for the appropriate forms or ask your NSSA contact for advice and help. All the information is available on the web at http://www.gov.ns.ca/snsmr/paal/enviro/paal181.asp

You may also require a Navigable Waters Protection Act permit if your work is going to affect the use of the watercourse by watercraft of any type. See details on this web site
http://www.tc.gc.ca/marinesafety/Ships-and-operations-standards/nwp/guide.htm

Or a Nova Scotia Natural Resources permit for work on crown lands in the coastal areas.
http://www.gov.ns.ca/snsmr/paal/dnr/paal066.asp

Applications to any of the above processes will enter into a referral system and the Department of Fisheries and Oceans will review your application for impacts on fish habitat. If the habitat will be harmfully altered, disrupted or destroyed (HADD) during any stage of the restoration, you will need a DFO authorization. There is no formal application process in Nova Scotia so for advice on whether or not you will cause a HADD contact the NSSA coordinator or the nearest DFO office. See the contact list.

For more detail see Section 11 Laws and Regulations