Engineering activities in the water environment
In order to meet the objectives of The Water Framework Directive, developments should be designed wherever possible to avoid engineering activities in the water environment. The water environment includes burns, rivers, lochs, wetlands, groundwater and reservoirs. We prefer the water environment to be left in its natural state with engineering activities such as culverts, bridges, watercourse diversions, bank modifications or dams avoided wherever possible. Where watercourse crossings are required, bridging solutions or bottomless or arched culverts which do not affect the bed and banks of the watercourse should be used. Where engineering activities affect a wetland not directly associated with a river and loch, SEPA will identify mitigation measures which are required to protect the wetland through the planning system as set out in our guidance on monitoring and protection of wetlands, Delivering SEPA's Functions to Protect Wetlands 
(105k). If the proposed engineering works are likely to exacerbate flood risk then a flood risk assessment should be submitted in support of the planning application and we should be consulted.
A site survey of existing water features and a map of the location of all proposed engineering activities in the water environment should be included in the ES or planning submission. SEPA's interactive River Basin Management Planning map can provide some useful information for this. A systematic table detailing the justification for the activity and how any adverse impact will be mitigated should also be included. The table should be accompanied by a photograph of each affected waterbody along with its dimensions. Justification for the location of any proposed activity is a key issue for us to assess at the planning stage. The detailed design of engineered structures in the water environment will be considered under regulations administered by us. Where flood risk may be an issue, this will need to be addressed at the planning stage.
Please note that we have a presumption against culverting as set out in our Position Statement on the Culverting of Watercourses (122K). We will exercise our powers and duties to prevent unnecessary and unjustified damage to river channels. Where it has been demonstrated that culverting is the only viable option, we will seek adoption of mitigation measures to protect habitats, passage of fauna, and river form and flow. Further information on our role in biodiversity can be found in our Biodiversity position statement (93k). Engineering activities in the water environment can provide an opportunity for improvement and restoration of the water environment. SEPA's Water Environment Restoration Fund can provide funding to assist in the restoration of the water environment. It is important this is considered prior to planning consent due to funding implications so please contact us as soon as possible if you wish to apply for funding. Further guidance on the design and implementation of crossings can be found in our Good Practice Guide - Construction of River Crossings (2.45mb).
If there are wetlands or peatland systems present, planning submissions should demonstrate how the layout and design of the proposal, including any associated borrow pits, hard standing and roads, avoid impact on such areas. Peatland (active blanket bog in particular) should be avoid.
A Phase 1 habitat survey should be carried out for the whole site and the guidance 'A Functional Wetland Typology for Scotland’ should be used to help identify all wetland areas. National Vegetation Classification should be completed for any wetlands identified. Results of these findings should be submitted, including a map with all the proposed infrastructure overlain on the vegetation maps to clearly show which areas will be impacted and avoided. Where the proposed infrastructure will impact upon peatlands, a detailed map of peat depths (this must be to full depth) should be submitted. The peat depth survey should include details of the basic peatland characteristics.
Groundwater dependent terrestrial ecosystems, which are types of wetland, are specifically protected under the Water Framework Directive. The results of the National Vegetation Classification survey and Appendix 2, which is applicable to all types of developments, of our Planning guidance on windfarm developments (84k) should be used to identify if wetlands are groundwater dependent terrestrial ecosystems.
If any groundwater dependent terrestrial ecosystems are located within a radius of (i) 100 m from roads, tracks and trenches or (ii) 250 m from borrow pits and foundations the likely impact of these features will require further assessment. This assessment should be carried out whether or not the features in (i) and (ii) occur within or outwith the site boundary in order that the full impacts on the proposals are assessed. The results of this assessment and proposed mitigation measures should be included in any planning submission. The route or location of roads, tracks or trenches within 100 m, or borrow pits or foundations within 250 m, of groundwater dependent terrestrial ecosystems identified in Appendix 2, which is applicable to all types of developments, of our Planning guidance on windfarm developments (84k) should be reconsidered. Further detailed studies will be required if infrastructure remains within the buffer zones of these ecosystems.
For areas where avoidance is impossible, details of how impacts upon wetlands including peatlands are minimised and mitigated should be provided within planning submissions. In particular impacts that should be considered include those from drainage, pollution and waste management. This should include preventative/mitigation measures to avoid significant drying or oxidation of peat through, for example, dewatering, excavations, drainage channels or the storage and re-use of excavated peat. Detailed information on surplus peat management may also be required.
Scottish Planning Policy
Scottish Planning Policy (SPP) 
sets out the Scottish Government’s policy on nationally important land use planning matters. The SPP states, “Culverts are a frequent cause of local flooding, particularly if design or maintenance is inadequate. Watercourses should not be culverted as part of a new development unless there is no practical alternative, and existing culverts should be opened whenever possible. If culverts are unavoidable, they must be designed to maintain or improve existing flow conditions and aquatic life. A culvert may be acceptable as part of a scheme to manage flood risk or where it isused to carry a watercourse under a road or railway" (paragraph 211).
Planning Advice Notes
Planning Advice Notes (PANS) provide advice on good practice and information.
Regulatory and best practice advice
The location of any proposed activity is a key issue for us to assess at the planning stage, while the detailed design of engineered structures will be considered under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR). Further details of regulatory requirements under CAR can be found in the Practical Guide to the Water Environment (646k) or within the Water Regulation or water engineering guidance section of the website.
Scottish Natural Heritage have also produced some site specific guidance on Loch Leven Special Protection Area and Ramsar Site , River South Esk Special Area of Conservation and River Tay Special Area of Conservation .