Wetland Identification
Wetlands are protected by provincial legislation and provide important benefits for people as well as fish and wildlife. A 15 meter no-development buffer zone applies to all wetlands in PEI. These buffer zones are essential for protecting the wetlands and their adjacent upland areas.
Wetlands keep our watersheds healthy and benefit all Islanders by:
- providing habitat for fish and wildlife and contributing to the productivity of rivers and estuaries;
- forming a vital link in the water cycle by acting as groundwater recharge, discharge and storage areas;
- acting as water purification systems by trapping and breaking down or assimilating contaminants such as man-made chemicals, organic waste, bacteria and sediments;
- acting as carbon sinks, thereby helping to reduce greenhouse gases;
Wetlands and their 15-meter buffer zones that surround them are protected under provincial legislation.
Along with the buffer zone, there are setbacks for development measured from the wetland boundary. Each building situation is unique, but you should avoid development near wetlands whenever possible. Building near a wetland can be more expensive than building on dry ground and often leads to problems with wet basements and shifting foundations.
What is a Wetland?
Wetlands are areas that feature all three of the following environmental parameters:
- Hydric Soil: soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
- Wetland (Hydrophytic) Vegetation: plants that have adapted to growing in anaerobic conditions associated with prolonged saturation, flooding or ponding.
- Wetland Hydrology: Indications of current or recent soil saturation, flooding or ponding water.
Benefits of wetlands
Wetlands perform a variety of important functions including but not limited to the following:
- Maintain ecosystem health and biodiversity by providing habitats to a wide variety of economically important fish and wildlife species;
- Form a vital link in the hydrologic (water) cycle by acting as groundwater recharge, discharge and storage reservoirs;
- Act as water purification systems by treating potentially harmful products in runoff from terrestrial sources by removing bacteria, assimilating nutrients (nitrates, phosphates, ammonia) and accumulating and retaining suspended sediments;
- Accumulate organic matter and contribute to carbon sequestration thus acting as “carbon sinks” which aid in reducing the “greenhouse effect”.
- Stabilize shorelines of rivers and coast; and
- Provide areas for recreation (hunting, fishing, trapping, bird watching and canoeing), food production and other commercial opportunities.
Wetlands are a valuable part of our environment
Wetlands and the 15-metre buffer zones that surround them are protected under provincial legislation. Wetlands provide important benefits for society, fish, waterfowl and other wildlife. For wetlands, buffer zones are measured from the edge of the wetland vegetation. Using caution when developing near a wetland will help ensure compliance with applicable legislation and avoid potential development issues related to poorly drained soils and a high water table.
PEI’s Wetland Policy
The Government of PEI’s wetland legislation and policies allow for certain activities to take place in or near a wetland, but a permit from the Department of Environment, Energy and Climate Action is usually required. The Wetland Conservation Policy for PEI describes the provincial approach to protecting and conserving wetlands. The Policy ensures no net loss of wetland habitat by requiring a compensation payment for any wetland area impacted by development in the public interest (i.e. a highway improvement for public safety) and where the wetland cannot be avoided. In general, wetland alteration in exchange for compensation is only considered in situations where there is a demonstrated benefit to the public.
Deciding to develop near a wetland
Buffer zones are essential for protecting the wetlands and their adjacent upland areas. They act as a filter for contaminants such as sediment, nitrogen, and phosphorus. The buffer zones play a crucial role in preventing soil erosion. The vegetation that grows within the buffer zone helps to stabilize the bank with its root structure, effectively mitigating soil erosion. The nearest exterior portion of a building or structure cannot be located closer than 75 feet (22.9 metres) to the inland boundary of a wetland or watercourse.
Environmentally sensitive areas (including watercourses, wetlands, buffer zones and sand dunes) are protected under the Environmental Protection Act, which prohibits most activities without a permit. Submission of a Watercourse, Wetland and Buffer Zone (WWBZ) Activity Permit Application is required for an assessment of a proposed activity and a WWBZ Activity Permit is required before the commencement of any work.
For watercourses and wetlands you need a permit to:
- Alter any features or disturb the ground;
- Dump or remove any material or objects of any kind;
- build, repair or remove structures or obstructions of any kind;
- operate vehicles or equipment – except for launching a boat or the legal harvesting of a fishery resource ;
- alter or destroy vegetation, including cutting live trees and shrubs;
- carry out stream enhancement activities.
In buffer zones you need a permit to:
- Alter or disturb the ground or soil;
- Dump any material or objects of any kind;
- Remove soil or rocks;
- Build, repair or remove structures or obstructions of any kind;
- Operate vehicles or non-agricultural equipment; and
- Cut down live trees and shrubs.
Approvals are not required for the following activities:
- Cutting down dead trees or pruning live trees using hand-held tools and manual labour in a buffer zone;
- Planting of trees; and
- Mowing grass in a buffer zone where grass is existing.
Information on applications for a Watercourse, Wetland and Buffer Zone (WWBZ) Activity Permit is available here
Important information for property owners and developers
Most watercourses, wetlands, buffer zones and sand dunes are shown on provincial maps. This information is available on the PEI Wetland Inventory (link is external). Note that not all sensitive areas in the province are mapped and unmapped areas have the same protection under provincial legislation.
Unmapped wetlands are becoming an increasing issue for development in PEI. As the population grows and development pressure increases, properties which may not have been developed previously due to drainage issues are now being considered for development.
All wetlands are protected, including those not shown on provincial mapping. Developers should walk any property being considered for purchase, subdivision and/or development in the planning stages and use the tools the Department provides to determine if the property has the potential to feature an unmapped wetland.
The Department receives inquiries every year regarding sensitive features on properties and their potential impact on property development. To determine the extent and boundary of these areas, a site visit by Department staff is required. Fulfilling these requests can take anywhere from 2-8 weeks. These determinations primarily take place during the growing season (June-September).
In time-sensitive situations, individuals should consider the option of hiring an environmental consultant to inspect a property for a fee.
Wetland violations are costly
The time and money spent on enforcement for fines, restoration, and legal fees, exceeds the time and money spent to get the appropriate permits. Fines start at $3000 and can be as large as $50,000 . Paying a fine is not just the cost of doing business - impacted areas must be restored and any loss of wetland area, function, and value must be compensated for.