RAR RRRRRRR !!!!! We’ve had enough of Nino Morano!

1. Aquatic Impact Compliance:Working TogetherCase Study:Implementation of theRiparian Areas RegulationOctober, 2007

2. RAR RRRRRRR !!!!! We’ve had enough of Nino Morano!

3. Riparian Fish Habitat

4. Purpose of Presentation • Introduce background of the Riparian Areas Regulation. • Explain the roles of all stakeholders. • Identify some of the common problems encountered with compliance monitoring to date. • Adaptive Management in action.

5. The Challenge • Focus of the Provincial government has been to shift from regulation to “results-based” approach. • professional reliance model • Key Design Principles • certainty and flexibility to developers. • satisfy requirements of the law (Fisheries Act) . • reduced dependence on limited local, provincial and federal government resources (i.e. shift onus to landowner).

6. yes yes yes no no Process Consider Development Opportunities Outside of Riparian Assessment Area Local Government May Authorize Development Subject to Conditions Development Proposed in Riparian Assessment Area Local Government bylaws exceed Riparian Areas Regulation? Site Assessment by Qualified Environmental Professional HADD avoided by assessment results Seek authorization from DFO DFO authorizes HADD

7. Key Elements of the Process • The Riparian Areas Regulation deals with development in association with new residential, commercial and industrial development on land under local government jurisdiction • Local Government must include riparian area protection provisions in accordance with the direction in RAR in zoning and rural land use bylaws • RAR requires a 30 meter riparian assessment area. • Qualified Environmental Professional (QEP) must review site and development proposal using methods specified in regulation.

8. Key Elements (cont.) • The RAR Assessment must determine if a development will result in harmful alteration of riparian fish habitat . • If no harmful alteration, project may proceed without further involvement of province or federal government. • If there will be harmful alteration, approval required from Fisheries and Oceans Canada.

9. When does the RAR not apply? • Reconstruction or repair of existing permanent structures. • Farming activities. • Mining, hydroelectric or forestry activities. • Institutional developments. • Federal Lands & First Nations reserve lands. • BC Water Act, Section 9 applications for “changes in and about a stream”.

10. Due Diligence Model • If all parties (Developers, QEPs, Local Governments) perform as required then they will meet due diligence tests for a variety of regulatory tools: • Fisheries Act • Water Act • Riparian Areas Regulation • Local Government Bylaws • Local Government puts in place bylaws to ensure that assessment needed as a condition of development • QEP follow the Assessment Methods • Developer ensure it has an assessment done and follows the results of the assessment

11. Where in BC is RAR Being Used?

12. What triggers a RAR Assessment? Regulation or approval residential, commercial and industrial activities (c) construction or erection of buildings and structures; (d) creation of nonstructural impervious or semi-impervious surfaces; (j) subdivision as defined in section 872 of the Local Government Act; or ancillary activities (a) removal, alteration, disruption or destruction of vegetation; (b) disturbance of soils; (e) flood protection works; (f) construction of roads, trails, docks, wharves and bridges; (g) provision and maintenance of sewer and water services; (h) development of drainage systems; (i) development of utility corridors; as regulated by Part 26 of the Local Government Act • It does not apply to agricultural or institutional development • It does not apply to the reconstruction or repair of a permanent structure that remains on its existing foundation.

13. What is a Stream? “stream” includes any of the following that provides fish habitat: • a watercourse, whether it usually contains water or not; • a pond, lake, river, creek or brook; • a ditch, spring or wetland that is connected by surface flow to a watercourse, a pond, lake, river, creek or brook. “stream” not necessarily itself inhabited by fish, but providing water, food and nutrients to streams that do contain fish.

14. What is a QEP? “qualified environmental professional” • is in good standing in BC with an appropriate professional organization constituted under an Act; • is acting in their area of expertise as recognized in ‘QEP Skill Sets’ section of the Assessment Methods; • has remained up to date in their training and skills; and • has made themselves familiar with the RAR process.

15. At least 5 and up to 15 m At least 15 m At least 30 m 15 m Greater of: existing width or potential width or 15 m Simple Assessment Table 3-1: Methodology Existing or potential streamside vegetation conditions SPEA Width Non-Fish bearing Fish bearing Permanent Non Permanent Continuous areas ≥30m or discontinuous but occasionally > 30m to 50m Narrow but continuous areas = 15m or discontinuous but occasionally > 15m to 30m Very narrow but continuous areas up to 5m or discontinuous but occasionally > 5m to 15m

16. Detailed Assessment “Measures” RAA LWD – fish habitat, bank and channel stability Litter fall and insect drop Shade Measures SPEA

17. Develop Measures Measures must address: danger trees and the provision of large trees windthrow slope stability drip zone and rooting strength encroachment sediment and erosion control measures floodplain concerns on-site stormwater management

19. Implementation- Local Government • Delegated Authority/Responsibility • Increasing Environmental role • Liability concerns • Bylaw enforcement • Their reality: • Conflicting objectives • Variance procedures

20. Implementation-Developer • Their perspective/reality • Certainty and Timeliness • Willing to spend $ if there are clear deliverables. • See this as adding complexity to a stressful situation • Green Development sells-finding the balance • Where do I find a QEP(s)?

21. Implementation- QEP perspective • Credentials certification • Role/responsibility • Objective methodology • Dealing with discretion-variances • Uneasy relationship with simple homeowner’s development .

22. QEP Professional Opinion • Assessment Report is prepared and signed by all contributing QEPs. • The QEP(s) must: • certify they are qualified to conduct the Assessment • certify that they followed the Assessment Methods; and • provide their professional opinion that no HADD will occur

23. Monitoring Strategy • Key to Adaptive Management in a results based model • Are the results being attained and if not why not. • DFO, MOE and LG involved in monitoring • Components: • Compliance monitoring – checking all submissions - QEP post development review and report • Complaint response – on-going • Professional Association review of members

24. So, how are we doing?

25. Status of Local Government Bylaws on Vancouver Island (Spring 2007) • 21 – implement RAR - OCPamendments (using Development Permit Areas) • 1 - implement RAR - Zoning bylaw • 2 - municipalities have no streams (no RAR bylaws required) • 7 - have not passed RAR bylaws to date (but have Council policy statements).

26. # of RAR Reports

27. Results of Compliance Monitoring on Vancouver Island in 2007 • A crew of 4 Conservation Corps (students) assessed 94 sites for RAR report compliance on Vancouver Island. The findings: • 12 sites were non-compliant: significant encroachment into the (SPEA) setback area. • 55 sites had non-compliance issues wrt to minor development issues (e.g. insufficient sediment control). • 27 sites were fully compliant

28. Monitoring of QEP Reports • Percentage of Reports submitted by RP Bios- 92% Report Compliance: • March-Nov 2006: • 186 reports submitted, 30 compliant-16% • Nov-March 2006-2007: • 104 reports submitted, 50 compliant-53% • March-April 2007: • 59 reports submitted, 44 compliant-74%

29. Complaint (includes Bylaw Enforcement staff, COS and DFO Fisheries Officers)

30. Nino’s Secret Fishing Hole