What are the rules for landscaping near wetlands and watercourses in NB?

New Brunswick has strict regulations governing any landscaping, grading, or construction activity near wetlands and watercourses, enforced through the Watercourse and Wetland Alteration Regulation under the Clean Water Act — and violating these rules can result in significant fines and mandatory restoration orders. The core requirement is that a 30-metre buffer zone must be maintained along all watercourses and around regulated wetlands, and any alteration within this zone requires a permit from the New Brunswick Department of Environment and Local Government.

A watercourse under NB law includes any river, stream, brook, creek, ditch, or channel that carries water on a regular or intermittent basis — including seasonal streams that only flow during spring runoff. Many NB properties, particularly in river valley areas around Fredericton, Woodstock, the Miramichi, and along the Petitcodiac River near Moncton, are closer to watercourses than homeowners realize. Even a small drainage ditch at the back of your property may qualify as a regulated watercourse if it connects to the broader watershed.

Within the 30-metre buffer zone, the following activities require a permit: removing or altering vegetation (including clearing brush, cutting trees, or removing root systems), grading or changing the contour of the land, placing fill material, constructing retaining walls or fences with foundations, installing drainage systems, and creating or modifying any path or access that disturbs the ground surface. Even seemingly minor landscaping like planting a garden, building a raised bed, or installing a patio can require a permit if within the buffer zone.

To obtain a Watercourse and Wetland Alteration Permit, you submit an application to your regional NB Department of Environment office (offices in Fredericton, Moncton, Bathurst, and Grand Falls). The application requires a site plan showing the proposed work in relation to the watercourse or wetland, a description of the work, and erosion and sediment control measures you will implement. Processing typically takes 4-8 weeks, and there is no fee for the application itself. However, the department may require you to hire a qualified environmental professional to prepare a more detailed assessment, which can cost $500-2,000 depending on the complexity of the project.

Penalties for unauthorized work are substantial. Individuals can face fines up to $50,000 for a first offence and $100,000 for subsequent offences. The department can also order you to restore the site to its original condition at your own expense — restoration costs frequently exceed $10,000 and can reach $50,000 or more for significant alterations. Restoration orders can require replanting with specific native NB species, regrading to original contours, and multi-year monitoring.

If you are unsure whether your property includes regulated areas, contact the NB Department of Environment's regional office before beginning any landscaping work near water features. The NB GeoPortal online mapping tool can help identify watercourses and wetlands on or near your property, though a site visit by a qualified professional provides the most reliable assessment. Many NB landscaping companies are experienced with buffer zone regulations and can advise on compliant approaches to waterfront property landscaping.

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