GovWire

You must follow the environmental permitting rules if you want to do work:

• on or near a main river
• on or near a flood defence structure
• in a flood plain
• on or near a sea defence

These are regulated under environmental permits (formerly flood defence consents). You are breaking the law if you operate without getting the permit you need.

If you already have a flood defence consent (FDC) for work you have not yet completed, check how you could be affected by changes in the law made on 6 April 2016.

There are other laws that may also restrict what you can do on or near a main river or sea defence:

• contact the Environment Agency to find out about byelaws that may apply to you
• find out what you must do if you own property next to any watercourse
• regional flood defence and land drainage byelaws control some activities around watercourses and flood defences

Check if the activity is on a main river

Work on or near main rivers is regulated by environmental permitting. Check the location of main rivers.

Not on a main river

You do not need flood risk permits to work on ordinary watercourses usually small rivers, streams and ditches. But you should contact your local council or internal drainage board to check if you need land drainage consent.

Check if your activity is regulated

You may need to apply for permission to do any of the following regulated flood risk activities:

• erecting any temporary or permanent structure in, over or under a main river, such as a culvert, outfall, weir, dam, pipe crossing, erosion protection, scaffolding or bridge
• altering, repairing or maintaining any temporary or permanent structure in, over or under a main river, where the work could affect the flow of water in the river or affect any drainage work
• building or altering any permanent or temporary structure designed to contain or divert flood waters from a main river
• dredging, raising or removing any material from a main river, including when you are intending to improve flow in the river or use the materials removed
• diverting or impounding the flow of water or changing the level of water in a main river
• quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
• any activity within 8 metres of the bank of a main river, or 16 metres if it is a tidal main river
• any activity within 8 metres of any flood defence structure or culvert on a main river, or 16 metres on a tidal river
• any activity within 16 metres of a sea defence structure
• activities carried out on the floodplain of a main river, more than 8 metres from the river bank, culvert or flood defence structure (or 16 metres if it is a tidal main river), if you do not have planning permission (you do not need permission to build agricultural hay stacks, straw stacks or manure clamps in these places)

If you are not sure if your work is regulated and requires a permit contact the Environment Agency.

Activities that do not need permission before you start work

You do not need to get permission if you plan to do one of the excluded activities. But you must operate within the description and conditions of the exclusion.

Activities that need permission before you start work

There are 3 ways to get permission to do your work:

• register for an exemption you do not need a permit but you must still register your exemption with the Environment Agency
• apply for a standard rules permit permits that include a set of fixed rules for common activities
• apply for a bespoke permit for all other flood risk activities permits that are tailored to the risks from your activities

If you are not sure if you need a permit, send details of your project to the Environment Agency at enquiries@environment-agency.gov.uk. You will get a response within 10 working days.

Exemptions

You do not need to apply for a permit if:

• your activity meets the description and conditions of one of the exempt flood risk activities
• you register your exemption with the Environment Agency before you carry out any work

It is free to register an exemption.

To complete your registration you will need the:

• description of the exemption you want to register
• name and address of the individual, business or organisation that will be responsible for the activity
• registration number and registered address if you are registering the activity for a limited company or limited liability partnership
• name and address of the contact person who will be sent the registration confirmation
• address or a 12-digit National Grid reference or postcode for the location of your work

You can contact the Environment Agency before you fill in your registration to check if you can register an exemption. This will depend on how close it is to environmentally sensitive sites or existing flood defence structures.

Standard rules permits

You can apply for a standard rules permit to operate if your proposed work fits fully within one of the standard rules.

If you want to change your activity and will no longer meet the criteria of the standard rules covered by your permit, youll have to apply to make it a bespoke permit.

You may also need to change your permit if:

• a change in your local environment means you can no longer meet the standard rules
• the Environment Agency tells you that you need to change your permit

Before you apply for a standard rules permit

You will need to:

• read the rules and make sure you can follow them if in doubt, contact the Environment Agency to get advice
• read the instructions in the application form and guidance
• read the generic risk assessment for your activity you can find this with the standard rules
• contact the Environment Agency to check if you cannot apply for a standard permit because the works are too close to a flood defence structure or an environmentally sensitive location
• develop a management system that describes your method of work and what youll do to manage risk

You do not need to send your m

View the original news story