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Objectives

Riparian Areas Regulation Briefing of Local Government Representatives UBCM Convention Kelowna September 21, 2004. Objectives. Provide an overview of the Riparian Areas Regulation, focusing on local government responsibilities and opportunities

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Objectives

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  1. Riparian Areas RegulationBriefing of Local Government Representatives UBCM ConventionKelownaSeptember 21, 2004

  2. Objectives • Provide an overview of the Riparian Areas Regulation, focusing on local government responsibilities and opportunities • Outline path forward to implementation, focusing on local government opportunities for participation

  3. The Assignment • Develop results-based alternative to Streamside Protection Regulation • Key Design Principles • certainty and flexibility to developers • satisfy requirements of Fisheries Act • not dependent on limited local, provincial and federal government resources

  4. The Process • Regulation developed with Ministry of Attorney General, UBCM and Ministry of Community, Aboriginal and Women’s Services • Assessment methodology developed with Fisheries and Oceans Canada

  5. 2002 UBCM Resolution • Minimize liability to local government • Minimize costs to local government • No new responsibilities downloaded; training paid by others • Timely and cost effective • Integrated between governments • Balance between development and protection of environment

  6. Additional UBCM Perspectives • Respect local government land use decision-making responsibility • Enable continued use of Streamside Protection Regulation setbacks, if desired by local government • Compliant with Community Charter

  7. Local Government Application Options • If local government wishes to contemplate development proposals in Riparian Assessment Area, options to proceed are: • Riparian Areas Regulation • Streamside Protection Regulation setbacks as per section 8 of regulation • Section 12 Fish Protection Act provision to provide protection that is comparable or exceeds regulation

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

  9. Riparian Areas Regulation • Section12, Fish Protection Act enables Province to provide direction to local governments to use powers under Section 26 of Local Government Act to protect riparian areas • Two parts to regulation • Legal framework and requirements • Assessment methods (schedule)

  10. Section 1- Definitions and Interpretation • Focuses application of regulation by defining streams, riparian assessment areas and development proposal • Focuses approach by defining qualified environmental professional, assessment methods and report, and natural features, functions and conditions • Focuses outcome by defining streamside protection and enhancement area

  11. Section 2 – Purposes • Enable riparian areas to provide natural features, functions and conditions that support fish life processes • Provide direction to cooperation among ministry, Fisheries and Oceans Canada, UBCM and individual local governments Section 3 – Application • Applies to exercise of powers under Part 26 of Local Government Act • Does not apply to reconstruction or repair

  12. Section 4- Assessment Reports • Two pre-conditions of development approval: • A qualified professional: • certifies qualified to conduct the assessment • certifies assessment methods followed and • provides professional opinion no HADD, and • the local government is notified by WLAP that WLAP and DFO have: • been notified, • provided with QEP assessment report that meets the conditions in a), b), and c), or • DFO authorization for harmful alteration of fish habitat is obtained

  13. Section 5 - Strategies • Local government must work with DFO and WLAP to develop strategies for • QEP confirmation and reporting that projects completed as defined, • monitoring and reporting • public education

  14. Section 6 – Local Government Powers • Local government to act according to regulation Section 7- Assessment Report • QEP must follow assessment process set out in regulation and report on: • Width of streamside protection and enhancement area and measures to protect integrity

  15. Section 8 – Transition • If local government has followed Streamside Protection Regulation direction, deemed to have met requirements of this regulation • If local government wants to amend previous direction, must follow RAR • If no previous direction, RAR applies

  16. Riparian Assessment • Two options available • Simple assessment • Use information on presence of fish, permanence of stream and type of vegetation to calculate 5, 15 or 30 meter streamside protection and enhancement area (setback) • Detailed site-specific assessment

  17. Liability • Risk management approach to reduce litigation potential and minimize local government’s liability exposure: • Detailed science-based assessment part of regulation • Qualifications for QEPs specified in regulation; QEP must certify he/she is qualified, followed methodology, and professional opinion on HADD • Province and federal government notified of assessment results; local government notified that assessment has been completed to regulation standard • Requirement for final review sign-off and reporting by the QEP once development completed • Compliance and efficacy monitoring • Working with the professional associations in the training, responsibility and accountabilities of their members

  18. Test Assessment Municipal Tool Development Monitoring Strategy Implementation Strategy Training Cooperation Agreement Notification System Implementation Guide Book

  19. Implementation Actions • Local government briefings held in Kelowna, Surrey, and Nanaimo first week of September • Milestones Oct 15 and Dec 15 for UBCM, DFO and ministry to review preparedness for implementation including: • Local government readiness • Preparation of Implementation Guidebook • Pilot projects to test the assessment methodology • Government and Qualified Environmental Professional Training • Negotiation of a Cooperation Agreement with UBCM, Fisheries and Oceans Canada and the Province • Amendment of regulation to incorporate improvements to either legal framework or assessment methodology

  20. Feedback from Workshops • Criteria for Section 12 Fish Protection Act “equivalency” test • Have we fully addressed liability? • Linkage among workplan elements – particularly role of local government pilots • Ensuring that local government wishes to consider development before assessment

  21. Municipal Pilots • Terms of Reference developed and expressions of interest requested for six pilots • Purpose: • Determine local government requirements in RAR affected approvals • Develop local government tools for RAR implementation • Provide input to Guidebook and advice to other local governments • Criteria: • Geographic (Vancouver Island, Lower Mainland, Interior) • Regulatory approaches • Levels of urbanization • Information available • Process • One day orientation session for all pilots • One day workshop for each pilot

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