Land Management Framework Project

1. Land Management Framework Project Phase 1 Progress Report

2. Phase 1 Goals • Review existing land use policy and environmental legislation to identify gaps • Based on that review, recommend a Land Management Framework that would create consistent policy for the BH moraine • Develop an Initial Implementation Plan to facilitate municipal adoption of the Framework

3. Phase 1 Progress to Date • Met with Planners WG to refine project goals • Compiled comparison of MDP, LUB and non-statutory policies • Reviewed provincial/federal environmental law to identify gaps and opportunities • Created comparative MDP and LUB maps • Outlined land management framework format and performance indictor selection process

4. Planning Policy Review • Reviewed existing and proposed draft MDPs, LUBs and municipal environmental policies for all 5 municipalities • Proceeded through successive level of planning policy: • Goals, objectives, definitions (MDP) • Broad policy areas and implementation provisions (MDP) • Specific policies and LUZ zoning (LUB, policies)

5. Planning Review - Results • Although all counties have environmental goals, objectives and policies, the approach and level of detail varies considerably • References to BH moraine area not consistent in all policies (only in recently revised MDPs) • Where reference exists, protection does not include all of moraine within jurisdiction • Environmental protection measures variable in detail and force of law (in policy, vs. MDP or LUB)

10. Environmental Legislation Review • Reviewed federal and provincial environmental legislation, plus the MGA • Main questions: • What laws apply to development in municipalities? • How is federal/provincial legislation typically applied in development situations? • Do municipalities have jurisdiction to develop their own environmental by-laws and policies?

11. Provincial/Federal Legislation Focus • Environmental management had resource specific approach until 1990’s, with introduction of EIA process • EIAs for new development only, and only for certain projects – review is not automatic • Resource specific law applied through permitting and enforcement –comprehensive review of sustainability only through EIA, if triggered

12. MGA – General Authority • MGA allows municipalities to manage with broad scope • Main guidance: “protection of the safety, health and welfare of people and community” • Main limitation is test of “fair and reasonable” • Risk of litigation is chief limit considered by municipality in developing any by-laws

13. MGA – Environmental Jurisdiction • Environmental factors can be considered in land use planning • Traditional focus on hazards, but open to any other relevant considerations • Other commonly used powers include ability to identify and manage key environmental features • Main instruments: ER/MR dedication or conservation easements

14. Legislation Review Conclusions • MGA allows considerable scope to manage environmental issues of local concern • Any by-laws must stand test of litigation, therefore rely on some level of public acceptance • Land Management Framework must rely on both policy and public awareness

15. Land Management Framework - Concept • Use same structure as land use planning policy development • Establish consistency at all levels of policy and implementation • Common goals, objectives and definitions • Broad policy areas addressing the moraine area • Specific policy dealing with key resources in each jurisdiction

16. Framework Structure • 1. Definitions • Goals and objectives (from the BHI LMA principles document) • Performance Indicators – Key resources • Key terminology (e.g., environment, sustainable development) • 2. Broad policy • MDP policy areas to protect key performance indicators • Consistent environmental policies to retain those key resources • 3. Specific statutes • Detailed policies directing resource retention • Consistent balance of legislative force (i.e., consistent protection in LUB by-laws and supporting policies)

17. Land Management Framework – Phase 1 Product • Consulting team can reasonably address first two levels of policy in Phase 1 • Will provide recommended clauses re: definitions, goals, and key policy focus • Will only indicate general areas where consistency required at 3rd, specific policy area • Individual municipalities must develop their own specific policies based on the framework • Issues/resources differ in each municipality • Level of public awareness of issues also differs

18. Next Steps • Assess MDP and LUB maps against LMA (Blue and Yellow) zones • Develop summary report with • Summary of background planning and legislation review results • Recommendations for Draft Land Management Framework, performance indicators and Initial Implementation Plan

19. Questions?