Regulatory Statement 121: Installation of small scale monitoring equipment within a main river

This Regulatory Statement (RS) is valid until October 2030, however it will be reviewed after 3 years to ensure there has been no change in risk and that the circumstances or purpose of the RS have not changed. You should check back at that time to ensure the Regulatory Statement is still valid.

NRW can withdraw or amend this RS before the review date if we consider it necessary. This includes where the activities that this RS relates to have not changed.

Regulatory Statement

This Regulatory Statement (RS) applies to the installation and operation of small-scale monitoring equipment within a main river. A main river is a watercourse designated as such by NRW and recorded on the Main River Map for Wales.

This activity usually requires a flood risk activity permit under Schedule 25 of the Environmental Permitting (England and Wales) Regulations 2016. However, if you comply with the conditions set out below, we will not enforce this requirement.

We have issued this RS because of the low flood and environmental risks posed by the activity. We also recognise the installation of this type of equipment is generally for environmental monitoring purposes.

This RS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

This RS only applies to small scale monitoring equipment affecting main rivers. If you are carrying out work to an ordinary watercourse (any watercourse that is not specifically defined as a ‘main river’), then you must contact the relevant lead local flood authority.

Conditions you must comply with

You must meet all of the following conditions to comply with this RS.

The equipment in the main river must be:

no larger than 1.5m x 1m x 0.5m
fully and securely attached to the bed or bank. If you are using a permanent or semi-permanent raft to support the equipment, it will need to comply with Exemption 16 or you must apply for a bespoke permit
not be in place for more than 5 years without a further notification and must be removed as soon as practical if it is no longer required. If you make a new notification you must comply with any changed conditions
not be installed within 5m of any culvert or flow control structure within the main river
any ducting/cables should be designed and installed so as not to cause a flooding risk e.g. minimise the risk of accumulating debris
the equipment should not interfere with NRW maintenance access to enable flood risk management works
the equipment should not require any additional works to the bed and bank

In addition, works to install the equipment must not disturb the bed and banks of the main river beyond the necessary minimum, or cause any pollution.

If you are unable to meet these conditions, you will need to apply for a flood risk activity permit.

Before you use this regulatory decision

You must tell us before you intend to operate under this RS. You must notify us of every location where the RS is to be used before the equipment is installed.

Include the following information in your email:

quote RS121
the grid reference location of the equipment in the format of 2 letters and 10 digits
a description of the equipment being installed
contact details (to include name, address and contact email/phone number)

You can do this by emailing the relevant Development and Flood Risk team at:

Enforcement

This RS does not change your legal requirement to obtain and comply with an environmental permit for the installation of small-scale monitoring equipment within or near a main river.

However, NRW will not normally take enforcement action if you do not comply with the need for an environmental permit if you meet the requirements in this RS.

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

increase flood risk or cause an impediment to land drainage
cause a risk to water, air, soil, plants or animals
cause a nuisance through noise or odours
adversely affect the countryside or places of special interest

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