Guidance

Exempt flood risk activities: environmental permits

Updated 25 February 2020

Applies to England

Check if your activity is exempt and read the conditions you’d need to meet in order to operate without a permit.

1. Exempt activity requirements

Your activity will be exempt from needing a permit only if you:

• register the exemption
• meet the description and conditions required for that exemption

If you cannot meet all the conditions of an exemption, you must apply to the Environment Agency for a permit for your proposed activity.

1.1 Additional requirements

You may need planning permission if you’re carrying out an exempt activity.

You must check if there are any protected species in the location of your exempt activity. You can check this at your local environmental records centre.

If you think your works could impact protected species, you must make sure your activity does not harm them. Find out more about protected species.

A permit or exemption does not give you the right to enter land or property owned by someone else to carry out your work. You need to get the owner’s permission.

2. Electrical cable service crossing over a main river (FRA2)

With this exemption you can erect an electrical cable way and associated supports across a main river.

But you cannot:

• lay a cable on the surface of the river bed
• install the service crossing or duct within the cross section of the river channel

2.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the service crossing is within 10° of perpendicular to the direction of flow of the main river
• you erect permanent hazard markers on both banks of the main river
• your works do not disturb the bed and banks of the main river
• you remove from the floodplain all excavated material not re-used on the site of the works
• the vertical and horizontal clearances of the service crossing comply with the requirements below:

Voltage (kV)	Vertical clearance above bank or flood bank crest level (metres)	Horizontal clearance of any tower or support landward from the top of the bank of the main river (metres)
275	15	15
400	15	15
132	12	15
66	12	15
33	9	10
11	9	10
6.6	9	10
4.15	6	9

2.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200 metres(m) of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

2.3 Register

Register for this exemption.

3. Service crossing below the bed of a main river not involving an open cut technique (FRA3)

With this exemption you can install a service crossing below the bed of a main river using techniques like directional drilling but not using an open cut technique. For example you can install an electricity service duct.

You cannot install a pipe crossing by excavating an open trench through the river.

3.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the service crossing is within 10 degrees of perpendicular to the direction of flow in the main river
• the service crossing is at least 1.5m below the riverbed along its whole length, and the same height is maintained for at least 5m beyond each bank (measured from the top)
• the distance from the launch and reception pits to the landward side of each bank of the main river is:
  • 8m or more in the case of a non-tidal main river
  • 16m or more in the case of a tidal main river
• the service crossing does not pass through any bank, culvert, remote defence or river control works on the main river or through any sea defence
• the service crossing is 50m or more upstream of any impoundment or artificially raised channel
• you erect permanent hazard markers on both banks of the main river
• you remove from the flood plain all excavated material not re-used on the site of the works
• your works do not disturb the bed and banks of the main river

3.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive. This includes within 100m of any rivers or lakes in Wales with this status, if your activity is near the border.

For information about the morphological status contact the Environment Agency.

3.3 Register

Register for this exemption.

4. Service crossings attached to the outside of existing structures over a main river (FRA4)

With this exemption you can attach a service crossing to an existing structure over a main river. For example, you can attach a duct to the parapet of a bridge above the arch openings.

You cannot:

• erect a new structure to support a service crossing
• attach a duct across the opening of a bridge

4.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the service crossing does not project more than 1m horizontally from the structure
• the service crossing follows the existing cross-sectional profile of the structure to the main river in both normal and flood flow
• the service crossing does not pass through any bank, culvert, flood defence structure or river control works on the main river or through any sea defence
• you erect permanent hazard markers on both banks of the main river
• the Environment Agency has not notified the landowner that the structure has been identified for removal or modification in order to achieve the measures set out in the relevant river basin management plan

4.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

4.3 Register

Register for this exemption.

5. Footbridge over a main river not more than 8m wide from bank to bank (FRA5)

With this exemption you can construct a footbridge across a main river.

You cannot construct a bridge for vehicles.

5.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected or priority species of importance for nature conservation - read Natural England’s guidance on construction near protected areas and wildlife
• the length of the footbridge measured from the top of one bank of the main river to the top of the other bank is no more than 8m
• the footbridge has no support in the watercourse, a deck width of no more than 1.5m and a kickerboard of no more than 100mm in height
• the footbridge does not reduce the cross-sectional area of the channel in the main river
• you cannot carry out the works within 100m of any non-agricultural building in the floodplain or another man-made structure on or in the main river
• the construction does not affect the bed of the main river
• the length of bank disturbed by the construction extends to no more than 1m on either side of the footbridge
• the footbridge is securely attached to foundations which are no closer than 1m to the edge of the bank
• construction of the footbridge does not require reinforcement of the bed or banks
• the approach ramp or steps for the footbridge do not extend more than 4m from the landward side of the bank
• the lowest point of the underside of the bridge is at least 600mm higher than the top of both banks of the main river
• you remove from the floodplain all excavated material not re-used on the site of the works
• the height of the land at each end of the footbridge is not changed by the construction
• any parapet of the footbridge is of open construction comprising post and rail, post and wire mesh fencing of at least 100mm spacing; or post and wire strands

5.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 500m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive. This includes within 100m of any rivers or lakes in Wales with this status, if your activity is near the border.

For information about the morphological status contact the Environment Agency.

5.3 Register

Register for this exemption.

6. Temporary scaffolding in or over a main river for no more than 4 weeks (FRA6)

With this exemption you can erect and use temporary scaffolding on a main river.

You cannot erect scaffolding across whole structures such as bridges or weirs that cross a main river.

6.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the scaffolding is in place for no longer than 4 weeks
• the scaffolding is not in place between 15 March and 15 June inclusive in any year
• on a main river that is a designated salmonid river, the scaffolding is not in place between 1 October and 14 March inclusive in any year
• the scaffolding does not occupy more than 10m of a river bank at any one time
• the scaffolding projects into or over the main river no more than 1.2m or no more than 10% of the width of the main river, whichever is less
• the scaffolding is located at least 100m from any other scaffolding which is in place and also registered under this exemption
• you remove any debris lodged against the scaffolding within 24 hours (except where it is unsafe to do so)
• any transoms and walking decks are set no lower than 600mm above water level

6.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

The Environment Agency will tell you if your activity is on a salmonid river.

6.3 Register

Register for this exemption.

7. Temporary dewatering of a work area for no more than 4 weeks (FRA7)

With this exemption you can temporarily dewater a working area of a main river, for example you can install a small coffer dam to inspect building foundations or to allow construction to take place in the dry.

You cannot dewater the full width of the channel.

7.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected and priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• any pumps used in the dewatering process must be fitted with a 20mm mesh screen
• you must take all reasonable steps to protect all aquatic plants and animals found in the area affected by dewatering – you would be expected to plan for how to manage any fish or other species (such as crayfish) that could become stranded during the works
• the duration of the dewatering is no longer than 4 weeks
• you do not carry out the dewatering between 15 March and 15 June inclusive in any year
• on a main river that is a designated salmonid river, the dewatering is not in place between 1 October and 14 March inclusive in any year
• the dewatering does not affect more than 10m of the bank of a main river at any one time
• the dewatering is not within 8m of any river control works
• the depth of water beside the dewatered area is not more than 1.2m
• the dewatering structure projects into or over the main river no more than 1.2m or no more than 10% of the width of the main river, whichever is less
• you remove from the floodplain all excavated material not re-used on the site of the works

7.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 500m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 100m of any river or lake that’s classified as of high morphological status under the Water Framework Directive – this includes rivers and lakes in Wales with this status, if your activity is near the border
• any work in or within 500m upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats
• dewatering within 8m of a flood defence structure constructed, operated or maintained by the Environment Agency

For information about morphological status or priority habitats contact the Environment Agency.

The Environment Agency will tell you if your activity is on a salmonid river.

7.3 Register

Register for this exemption.

8. Maintaining a raised river defence or sea defence (FRA8)

With this exemption you can maintain an existing raised river defence or sea defence. For example, you can raise low spots in an existing bank.

You cannot erect a new defence or realign or increase the height of the defence.

8.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you must use materials of the same kind as those present in the raised defences for the maintenance works, and you must not alter the shape of those defences or the overall height of the protection afforded by those defences
• the raised defences must be carrying out the functions for which they were originally designed
• the works do not disturb the bed or, up to normal ground level, the banks of the main river

8.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

8.3 Register

Register for this exemption.

9. Maintaining structures within the channel of a main river that are not raised defences (FRA9)

With this exemption you can maintain a structure within the channel of a main river that is not a raised river or sea defence. For example, you can clean stonework on a bridge or building.

You cannot strengthen a bridge pier by increasing its size.

9.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected or priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• the maintenance works do not alter any dimension of the structure
• the structure is carrying out the functions for which it was originally designed
• you use materials of the same kind as those present in the structure for the maintenance works
• the maintenance works do not occur between 15 March and 15 June inclusive in any year
• on a main river that is a designated salmonid river, the maintenance works do not occur between 1 October and 14 March inclusive in any year

9.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

The Environment Agency will tell you if your activity is on a salmonid river.

9.3 Register

Register for this exemption.

10. Constructing drinking bays for livestock on the bank of a main river (FRA10 )

With this exemption you can make a drinking bay for livestock on the bank of a main river.

You cannot install any structure that crosses into the channel, for example the drinking bay cannot extend beyond the bank profile.

10.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected and priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• the drinking bay is not located within 100m of any other man-made structure on or in the main river
• the bay is surrounded by a post and rail fence which must project into or over the main river no more than 1.2m or 10% of the width of the main river, whichever is less
• the base of the bay has a surface made of concrete, stone or inert hard core
• you remove from the flood plain all excavated material not re-used on the site of the works
• the works must not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river
• the remainder of the bank is fenced to prevent it from being damaged

10.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 500m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive – this includes rivers and lakes in Wales with this status, if your activity is near the border
• any work in or within 500m upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats

For information about morphological status or priority habitats contact the Environment Agency.

10.3 Register

Register for this exemption.

11. Constructing a single small access platform on the bank of a river or that projects into or over a main river (FRA11)

With this exemption you can construct a single platform to allow access to the water’s edge either on the bank or projecting into or over a main river. For example, you can construct a single platform for fishing.

You cannot moor pontoons.

11.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected and priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• the platform is not within 50m of any other man-made structure
• the platform projects no more than 1.2m into or over the main river and occupies no more than 2m of bank length
• the works must not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river
• the part of the platform which projects over the channel is constructed as a flat deck, with no solid infill beneath the platform, supported on piers or piles of no more than 300mm width
• any steps cut into the bank are supported by timber risers on the vertical part of the step

11.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 500m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive – this includes rivers and lakes in Wales with this status, if your activity is near the border
• any work in or within 500m upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats

For information about morphological status or priority habitats contact the Environment Agency.

11.3 Register

Register for this exemption.

12. Outfall pipes less than 300mm diameter through a headwall (FRA12)

With this exemption you can construct a small outfall pipe through a headwall on a main river.

You cannot construct or install a structure that crosses the channel.

12.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected and priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• the headwall is not located within 50m of another man-made structure on or in the main river
• if the headwall is on a non-tidal main river, the outfall pipe is aligned to an angle of between 30° and 60° to the direction of flow in the river
• the diameter of the outfall pipe is less than 300mm
• the height of the headwall is no more than 1.5m or no more than 75% of the height of the bank, whichever is less
• the total length of bank affected during construction of the headwall is no more than 1.5m
• the headwall, wing walls and apron do not project beyond the line of the bank prior to the works being carried out
• the headwall is not within 8m of a flood defence structure or river control works
• the outfall pipe does not pass through or under any culvert, remote defence, river control works or sea defence, or any raised embankment or wall forming part of the bank of the main river
• you remove from the floodplain all excavated material not re-used on the site of the works
• any pipe that discharges through the headwall does not pass within 8m of a flood defence structure

12.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive – this includes rivers and lakes in Wales with this status, if your activity is near the border
• any work in or within 200m upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats

For information about morphological status or priority habitats contact the Environment Agency.

12.3 Register

Register for this exemption.

13. Repairing and protecting up to 10m of main river banks using natural materials (FRA13)

With this exemption you can carry out repairs and protection to the banks of a main river using natural materials.

You must use natural materials for the repair and protection work, for example spiling or coir rolls.

13.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected and priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• the length of bank affected by the works is no more than 10m
• the works do not include the use of steel sheet piling, concrete, cement or concrete bagwork, brickwork, gabions or non-biodegradable materials
• the works do not take place within 50m of a bank that has been reinforced
• the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out
• when the works are finished, the worked section of the riverbank is no higher than it was before and no higher than the adjacent banks
• the works are securely fastened to the bank at each end to prevent erosion behind the works
• the works do not involve the use of vehicles or wheeled or tracked machinery on the bed or bank of the main river
• the works are not to a bank consisting of an earth cliff over 1m high

13.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive. This includes within 100m of any rivers or lakes in Wales with this status, if your activity is near the border.

For information about the morphological status contact the Environment Agency.

13.3 Register

Register for this exemption.

14. Repairing bank slips and erosion using the fallen materials (FRA14)

With this exemption you can repair bank slips and erosion.

You cannot realign a river channel.

14.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you plan your works to ensure there are no significant adverse effects on protected or priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• any repair of a bank slippage is made using only material that has subsided from that bank
• any repair of erosion uses materials of the same kind as those present on the site
• the works do not involve removing any material from the bed of the main river other than the bank slippage
• the works do not affect more than 10m of the bank at any one time
• the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out
• when the works are finished, the worked section of the riverbank is no higher than it was before the slip or erosion and no higher than the adjacent banks
• the works are securely fastened to the bank at each end to prevent erosion behind the works
• the works do not involve the use of a vehicle or of wheeled or tracked machinery on the bed or banks of the main river

14.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 500m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive. This includes within 100m of any rivers or lakes in Wales with this status, if your activity is near the border.

For information about the morphological status contact the Environment Agency.

14.3 Register

Register for this exemption.

15. Installing channel habitat structures made of natural materials excluding weirs and berms (FRA15)

With this exemption you can install a channel habitat structure on a main river, made of natural materials (but not including weirs and berms).

You must use natural materials, for example creating woody debris structures for habitat purposes.

15.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the structure occupies no more than half the width of the cross-sectional area of the channel in the main river and no more than 20m of the length of the main river
• no part of the structure is higher than 0.3m above the level of the river bed or 25% of the height of the bank (excluding any wall or embankment forming part of the bank), whichever is greater
• the structure is made from naturally occurring woody material and is securely fastened to the bed of the main river, the bank or both
• no works take place within 100m of a non-agricultural building in the floodplain, another natural channel habitat structure, stones or logs placed in the main river for habitat enhancement or a man-made structure on or in the main river

15.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive. This includes within 100m of any rivers or lakes in Wales with this status, if your activity is near the border.

For information about the morphological status contact the Environment Agency.

15.3 Register

Register for this exemption.

16. Installing temporary small rafts for surveys (FRA16)

With this exemption you can install temporary rafts for surveys.

16.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the raft has dimensions of no greater than 1.5m x 1m x 0.15m
• any equipment box used on the raft has a height of no more than 0.75m
• the raft is permanently and securely attached to the bank
• the raft is installed no less than 100m from any other raft
• when the raft is installed, there are no more than 4 other rafts within a distance of one kilometre
• the raft is installed for no more than 12 months and removed immediately if, within that period, it is no longer required
• the raft is not installed within 100m of any non-agricultural building in the floodplain or another man-made structure on or in the main river

16.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

16.3 Register

Register for this exemption.

17. Gravel-cleaning for fish spawning beds (FRA17)

With this exemption you can clean gravel fish-spawning beds.

You cannot dredge or raise or take any sand, silt, ballast, clay or other materials from the bed or banks of a main river. When you have cleaned the gravel you must put it back.

17.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the works are only carried out in September or October in any year
• the works are to no more than 20m² of gravel per location, with a gap of at least 30m between locations
• the works do not adversely affect the banks or established bed of the main river
• the works are carried out using only hand tools or machinery carried and operated by one person

17.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 500m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out any work in or within 500m upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42. These are often called priority habitats.

For information about priority habitats contact the Environment Agency.

17.3 Register

Register for this exemption.

18. Placing stones or logs in a main river to enhance habitats (FRA18)

With this exemption you can place stones or logs in the channel of a main river to create or enhance habitat.

You cannot make a weir but you can create groynes.

18.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• stones must be less than 400mm in any dimension and of a type that occurs naturally in the main river
• logs must be of less than 2m in length, less than 400mm in diameter and oriented to within 45° of the flow of water
• logs must be from a tree species that occurs naturally in the vicinity of the main river; and it must be securely fixed to the bed or bank of the main river
• the stones or logs are placed in the channel over no more than 20m of the length, and 20% of the width, of the main river
• no stones or logs are placed within 100m of a non-agricultural building in the floodplain, a natural channel habitat structure, an existing emplacement of stones or logs placed in the main river for habitat enhancement or a man-made structure on or in the main river

18.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive – this includes rivers and lakes in Wales with this status, if your activity is near the border
• any work in or within 200m upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats

For information about morphological status or priority habitats contact the Environment Agency.

18.3 Register

Register for this exemption.

19. Constructing eel pass devices on existing structures (FRA19)

With this exemption you can construct an eel passage device on an existing structure in or over a main river.

You cannot construct new independent structures.

19.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the existing structure is not located on a tidal river
• the device is permanently and securely attached to the existing structure
• the width of the device is no more than 5% of the width of the main river
• the device does not extend upstream or downstream from the existing structure more than 10m or the width of the channel measured between the top of each bank of the main river, whichever is the lesser

19.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

19.3 Register

Register for this exemption.

20. Constructing fish passage notches in an existing impounding structure (FRA20)

With this exemption you can construct fish passage notches on an existing impounding structure.

You cannot construct new independent structures.

20.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the construction does not affect the structural integrity of the existing impoundment
• construction of the notches does not change the water level in the main river by more than 0.2m upstream or downstream from the existing structure
• the existing impoundment is located on a main river that’s no more than 5m wide between the top of each bank
• the construction does not adversely affect the banks or established bed of the main river
• the notch is no more than 0.6m in width

20.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

20.3 Register

Register for this exemption.

21. Removing silt and sand from bridge arches and any material from existing culverts (FRA21)

With this exemption you can remove silt and sand from within a bridge arch or any material from within an existing culvert on a main river.

You cannot remove gravel from a bridge arch.

21.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you must ensure that the removal or material and subsequent deposit of materials does not have a significant adverse effect on protected and priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• your work and equipment must meet the dredging requirements
• the works do not affect the structural integrity of the bridge arch or culvert
• in the case of works within bridge arches, the removal of silt and sand is limited to the removal of accumulated silt and sand on the established bed of the main river
• the works do not occur between 15 March and 15 June inclusive in any year
• on a main river that is a designated salmonid river, the works do not occur between 1 October and 14 March inclusive in any year
• the works do not expose the structural foundations or footings of the bridge or culvert
• the works do not involve the use of machinery on the bed or banks of the main river more than 20m from the bridge or culvert
• the works do not involve the use of a vehicle on the bed or banks of the main river
• the works do not damage the culvert or the banks or bed of the main river

21.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be on or within 1km upstream of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 1km upstream or 500m downstream of a river or lake that is classified as of high morphological status under the Water Framework Directive and within 100m of any rivers or lakes in Wales with this status, if your activity is near the border
• any work in or within 1km upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats

For information about morphological status or priority habitats contact the Environment Agency.

The Environment Agency will tell you if your activity is on a salmonid river.

21.3 Register

Register for this exemption.

22. Removing silt and sand adjacent to in-river structures (FRA22)

With this exemption you can remove sand or silt from the area beside an in-river structure, such as a bridge arch or culvert.

22.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you must ensure that the removal of silt or sand and subsequent deposit does not have a significant adverse effect on protected or priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• your works and equipment must meet the dredging requirements
• the works take place no more than 10m upstream or downstream from the edge of the structure
• the removal of silt and sand does not affect the integrity of the structure
• the works do not damage the banks or bed of the main river
• the works are limited to the removal of accumulated silt and sand on the established bed of the main river
• the removal of silt and sand does not expose the foundations or footings of the structure
• you do not remove silt and sand to below the level of the base of the inside of an adjacent culvert
• the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand
• the works do not involve the use of a vehicle or machinery on the bed or banks of the main river
• the removal of silt and sand does not occur between 15 March and 15 June inclusive in any year
• on a main river that is a designated salmonid river, the removal of silt and sand does not occur between 1 October and 14 March inclusive in any year

22.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be in or within 1km upstream of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 1km upstream or 500m downstream of any river or lake that is classified as of high morphological status under the Water Framework Directive and within 100m of any rivers or lakes in Wales with this status, if your activity is near the border
• any work in or within 1km upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats
• any work within a designated sensitive water body – these are shown on the Environment Agency’s sealed map of ‘Water bodies in England’ identified as sensitive for flood risk activities under the Environmental Permitting Regulations

For information about morphological status or priority habitats contact the Environment Agency.

The Environment Agency will tell you if your activity is on a salmonid river.

22.3 Register

Register for this exemption.

23. Dredging to remove accumulated silt and sand from the bed of up to 1.5km of man-made ditches, land drains, agricultural drains and previously straightened watercourses that are main rivers (FRA23)

With this exemption you can dredge no more than 1.5km of the following if they are classed as main rivers:

• man-made ditches
• land drains
• agricultural drains
• previously straightened watercourses

You cannot:

• dredge natural main river channels
• dredge materials other than accumulated sand or silt
• dredge below the established bed of the channel
• re-shape the bed or banks of a channel

23.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• your works and equipment must meet the dredging requirements
• you must ensure that the dredging and subsequent deposit of any materials does not have a significant adverse effect on protected or priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• the works do not occur in any location where dredging has been carried out within the previous 3 years
• the works do not occur in any location on a watercourse where dredging has taken place within 1.5km upstream or downstream of that location in the previous 12 months
• the works are completed within 3 years of registration of the exemption
• the works do not damage the bed or banks of the main river
• the dredging does not include the removal of gravel
• the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river
• the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand
• the works do not involve the use of a vehicle or machinery on the bed or banks of the main river
• the works do not occur between 15 March and 15 June inclusive in any year
• on a main river that is a designated salmonid river, the works do not occur between 1 October and 14 March inclusive in any year
• on a non-tidal main river, the works do not occur within 8m of a flood defence structure or river control works
• on a tidal main river, the works do not occur within 16m of a flood defence structure or sea defence

You must be certain that the watercourse is previously straightened, or is a man-made ditch, a land drain or an agricultural drain. Common features of this type of watercourse are:

• the watercourse is very straight or it has artificial bends that show no signs of being created naturally through erosion or deposition
• it is mostly the same width throughout
• the bed is made of silt and sand rather than gravel or cobbles
• it has a smooth water surface for most of its length when the water level is normal
• the banks have simple vegetation such as low grasses with few trees or shrubs
• the banks are artificially steep compared with the width of the channel
• it does not have any vegetated berms (flat low-lying areas) where new banks are forming

If you are not sure, contact the Environment Agency.

23.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 1km upstream of any of the following or within 5km upstream if the site is notified for its freshwater habitats or species.

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

This includes sites which are part of the flood plain but not the river.

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 1km upstream or 500m downstream of any river or lake that is classified as of high morphological status under the Water Framework Directive and within 100m of any rivers or lakes in Wales with this status, if your activity is near the border
• any work in or within 1km upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats
• any work within a designated sensitive water body – these are shown on the Environment Agency’s sealed map of ‘Water bodies in England’ identified as sensitive for flood risk activities under the Environmental Permitting Regulations

For information about morphological status or priority habitats contact the Environment Agency.

The Environment Agency will tell you if your activity is on a salmonid river.

23.3 Register

Register for this exemption.

24. Dredging to remove accumulated silt and sand from the bed of up to 20m of a main river (FRA24)

With this exemption you can dredge up to 20m of a main river.

You cannot:

• remove gravel from the bed of the river, only accumulated silt or sand
• dredge below the established bed of the channel or re-shape the bed or banks in any way

Dredging means raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a main river - this includes hydrodynamic dredging and desilting.

24.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• your works and equipment must meet the dredging requirements
• you must ensure that the dredging and subsequent deposit of any materials does not have a significant adverse effect on protected or priority species of importance for nature conservation – read Natural England’s guidance on construction near protected areas and wildlife
• no dredging has been carried out in the previous 12 months in the same main river and property
• the works are completed within 12 months of registration of the exemption
• the works do not damage the bed or banks of the main river
• the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand
• the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river
• the dredging does not include the removal of gravel
• the works do not involve the use of a vehicle or machinery on the bed or banks of the main river
• the works do not occur between 15 March and 15 June inclusive in any year
• on a main river that is a designated salmonid river, the works do not occur between 1 October and 14 March inclusive in any year

24.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be in or within 1km upstream of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out:

• any work in or within 1km upstream or 500m downstream of any river or lake that is classified as of high morphological status under the Water Framework Directive and within 100m of any rivers or lakes in Wales with this status, if your activity is near the border
• any work in or within 1km upstream of a habitat identified by the Natural Environment and Rural Communities Act 2006 sections 41 and 42 – these are often called priority habitats
• any work within a designated sensitive water body - these are shown on the Environment Agency’s sealed map of ‘Water bodies in England’ identified as sensitive for flood risk activities under the Environmental Permitting Regulations

For information about morphological status or priority habitats contact the Environment Agency.

The Environment Agency will tell you if your activity is on a salmonid river.

24.3 Register

Register for this exemption.

25. Excavating scrapes and shallow wetland features totalling 0.1ha in a flood plain (FRA25)

With this exemption you can excavate scrapes and shallow wetland features in a flood plain of a main river.

You cannot excavate deep features such as fish ponds.

25.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the area of the excavation is no more than 0.1ha and takes place at least 100m from any other excavation in the flood plain
• the excavation is no more than 500mm deep at any point
• where spoil from the excavation is spread on the floodplain, the spoil is spread to a depth of no more than 100mm
• the excavation is at least 8m from any structure forming part of a flood defence and from the landward side of each bank of the main river

25.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

25.3 Register

Register for this exemption.

26. Constructing raised flood defences around a maximum of 6 adjoining properties (FRA26)

This exemption can be used, for example, to build a wall around a pair of semi-detached houses.

26.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• you cannot carry out the activity within 8m of a main river
• the dimensions of the flood defences are no more than 1m high and 6m wide
• the defences are at least 20m from any building not owned by the owners of the properties
• the total area protected by the defences is no more than 150m² for each property
• the defences are to protect existing buildings
• the works are within the existing boundary of the properties

26.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

26.3 Register

Register for this exemption.

27. Constructing bankside wildlife refuge structures (FRA27)

With this exemption you can create bankside structures, such as otter holts, to provide shelters for wildlife.

27.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the length of bank excavated during construction of the structure is no more than 1.5m
• the height of the structure is no more than 1.5m or 75% of the height of the bank, whichever is less
• the structure is not within 50m of another man-made structure on or in the main river
• the structure is not within 8m of a flood defence structure operated by the Environment Agency or river control works
• the structure does not project beyond the original line of the bank

27.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

You must not carry out any work in or within 100m of any river or lake that is classified as of high morphological status under the Water Framework Directive. This includes within 100m of any rivers or lakes in Wales with this status, if your activity is near the border.

For information about the morphological status contact the Environment Agency.

The Environment Agency will check if your activity is near a flood defence structure operated by it.

27.3 Register

Register for this exemption.

28. Improvement works for existing tracks and paths (FRA28)

With this exemption you can carry out improvement work on existing tracks and paths. You can improve or maintain existing tracks and paths, such as resurfacing a cycle path.

You cannot make a new or raised path.

28.1 What you must check

Before you register this exemption, you must check your activity meets all of the following conditions:

• the works are to an existing track or path
• the works do not alter the route or width of the track or path
• the works do not disturb the bed or banks of any main river
• the works do not increase the level of the path by more than 100mm
• when the works are completed, you remove all materials and debris from the site

28.2 What the Environment Agency will check

Your activity must also meet all of the following conditions. The Environment Agency will check that your activity meets them before it registers your exemption.

Your activity must not be within 200m of a:

• special protection area (SPA)
• special area for conservation (SAC)
• Ramsar site
• site of special scientific interest (SSSI)
• local nature reserve (LNR)

You can also check where the sites are on the Magic map.

28.3 Register

Register for this exemption.