Linear Development

“Linear development” refers to those developments that are constructed in a linear fashion across the landscape; i.e., power lines, roads, railways, pipelines (gas, oil), telecommunications infrastructure and man-made waterways.  Linear development is often consequential to other forms of commercial and industrial development.

Although it arises as a result of different impetuses and takes different forms, many of the environmental impacts to watersheds and to fish are similar, regardless of whether it is a road, a hydro cut or a pipeline.  For example, each of the following impacts is common to all types of linear development:

• Fragmentation of land or forests, disturbing or destroying wildlife habitat, migration corridors and other environmentally sensitive areas;
• Damage to streams where the linear development crosses waterways;
• Disruption to natural drainage systems;
• Potential for soil erosion, stream sedimentation and slope stability issues
• Increases in noise levels and disturbance
• Introduction of weeds and non-native species
• Intrusion into wild previously untouched tracts of land, including increased public access for recreationalists and hunters; and
• Site clean-up and reclamation issues.

All of these issues create a need for proper identification and assessment of the risks, as well as proper planning and the need for sufficient resources and expertise to carry out the jobs properly and with minimal impact.

The environmental impact of linear development is regulated by a variety of provincial and federal laws, described below.  Refer to the page of the Guide dedicated to the Act in question for a more detailed review of the Act in question.

Environmental Assessment

There are a number of laws designed to address, at least to some degree, the range of possible problems caused by a linear development.  The exact laws regulating a linear development will depend upon the type of development.  However, the BC Environmental Assessment Act is one of the major tools available.  Although the Environmental Assessment Office can exempt an otherwise reviewable project from the Act, an assessment of the environmental consequences of a project will generally be required:

·         for a pipeline, if the pipeline will be 40 km or more with a pipe diameter more than 323.9 mm, or 60 km or more with a pipe with a diameter of 114.3 mm (see the Reviewable Project Regulation for more details about pipelines between 40 km and 60 km in length);

·         for new powerlines, if the powerlines are 40 km or more in length on a new right of way;

·         for a new public highway (not private road), where there will be 20 km or more of paved continuous length;

·         for a new railway equal to or longer than 20 km length, or a line that accommodates trains with design speed equal to or greater than 200 km/hr;

·         for a new dyke that protects from flooding an area of 10 square kilometers or more.

Projects that involve decisions under federal legislation (see below) may also give rise to a requirement for an environmental assessment under the Canadian Environmental Assessment Act.

Particular types of Linear Development

Particular types of linear development may give rise to different legal and planning requirements.  In the case of some common types of linear development:

·         Pipelines – Construction and operation of a pipeline is regulated under the province’s Pipeline Act.  If the pipeline crosses the borders of the province, then it is a federal responsibility and will usually require a Certificate of Public Convenience and Necessity issued by the National Energy Board (NEB) under the National Energy Board Act. 

·         Powerlines – The BC Utilities Commission Act requires a Certificate of Public Convenience and Necessity (CPCN) (s. 45) for new public utilities.  If the powerline transmits power across the provincial border the Certificate will be required under the National Energy Board Act. 

·         Unpaved Roads – For unpaved roads the BC Forest Act Part 8, “Roads and Rights of Way” provides a process for industrial users to apply to the district manager for a road use permit.  The permit may be granted where the road will not cause unnecessary disturbance to the natural environment, adversely affect authorized users of the road, or compromise a forest development plan.

·         Railways – The province’s Railway Act regulates the siting of new railway lines.

Water crossings

Where linear developments cross streams or other water bodies, the following legislation may be relevant:

·         The federal Fisheries Act regulates the killing of fish or harmful alteration or destruction of fish habitat, as well as the introduction of pollution into fish-bearing streams and waters. 

·         The federal Navigable Waters Protection Act stipulates that any works in, on, over, under, through or across any navigable water will require a permit from the Minister.  The Minister can also order the removal of any obstruction in navigable water (section 16). 

·         The BC Water Act stipulates that any change in or about a stream requires a permit from the Minister of Water, Land and Air Protection.