Riparian Areas Regulation and Watercourse Development Area Permits

Property Owner’s Guide to the Provincial Riparian Areas Regulation

What is a Riparian Area?
A “riparian area” is the area adjacent to ditches, streams, lakes and wetlands. These areas support a unique mixture of vegetation, from trees and shrubs to emergent and herbaceous plants. The vegetation in riparian areas directly influences watercourses and waterbodies and provide important fish habitat. The functions of a riparian area are numerous and varied. They include such things as sources of large organic debris (fallen trees and tree roots), areas for stream channel migration, vegetative cover to help moderate water temperature, provision of food, nutrients and organic matter to the stream, stream bank stabilization and buffers for streams from excessive silt and surface runoff pollution. The Riparian Areas Regulation identifies the area within 30-60 metres of a watercourse/body or ravine as a Riparian Assessment Area.

How does this legislation affect my property?
The Riparian Areas Regulation calls for local governments to protect riparian areas during residential, commercial and industrial development by ensuring that proposed activities are subject to a science-based assessment conducted by a Qualified Environmental Professional (QEP). Land developers are now required to hire a QEP to assess potential impacts, develop mitigation measures, and avoid impacts of development on fish habitat in the Riparian Assessment Area. A report must be prepared by the QEP and submitted to the Ministry of Environment. When the Ministry receives a report that certifies that the proposed works will not cause adverse impacts to the environment, they will notify the local government that it can proceed with processing the development applications required for the proposal. It is important to note that if the QEP is unable to certify that the proposed works will not cause harmful alteration, disruption or destruction (HADD) of fish habitat, the proposal must be sent to the Department of Fisheries and Oceans Canada (DFO) for approval. If DFO approves the proposal, the local government may move forward with the application.

Watercourse Development Area Permit for Proposed New Construction
Coldstream Council adopted the following policy to define guidelines for the issuance of Watercourse Development Area Permits.  Click here for the flowchart outlining the process - 85Kb PDF

• Outside the Riparian Assessment Area:
  Council authorizes the Building Official, under Section 154 of the Community Charter, to issue a watercourse development permit for proposed new construction on properties identified as being within the Watercourse Development Permit Area that is to be located outside of the Riparian Assessment Area (RAA) boundary as identified by a British Columbia Legal Surveyor or Qualified Environmental Professional (QEP).
  
  
• Outside the Streamside Protection and Enhancement Area:
  If the proposed new construction is within the RAA, a QEP is required to submit a report that will calculate the required Streamside Protection and Enhancement Area (SPEA).  If the proposed construction is not within the SPEA, a Watercourse Development Permit will be issued by the Building Official as a condition of the Building Permit, with reference to the QEP’s assessment report.
  
  
• Within the Streamside Protection and Enhancement Area:
  If the proposed development is within the SPEA setback, the local government must support a variance (bend) before the QEP can make an application to BC Ministry of Environment and to Fisheries and Oceans Canada for further review.  In this case, the local government (Council) has the option to not support the “bend”, and the application would be rejected.
  
  
• Undue Hardship:
  If Council submits a letter of support stating that development within the setback is necessary because the setback creates “undue hardship” for the developer, the Riparian Areas Regulation (RAR) assessment report will be posted on the RAR notification database by the QEP, for review by the provincial Ministry of Environment (MOE) and federal Department of Fisheries and Oceans (DFO).  If the DFO determines that the project will not result in harmful alteration, disruption, or destruction of fish habitat (HADD), the development application can be processed by the local government.  A Watercourse Development Permit can be issued by the Building Official, requiring compliance with the recommendations of the QEP, MOE and DFO.
  
  
• Fee:
  The Watercourse Development Permit fee is $100.

Contact information:

Bob Bibby, Building Official
Phone: 250-550-1510
Fax:     250-545-1333
Email:  building@district.coldstream.bc.ca

More information on the Riparian Areas Regulation can be found at:

www.env.gov.bc.ca/habitat/fish_protection_act/riparian/riparian_areas.html

Provincial and Federal Contacts:

Ministry of Environment	Local Contact:	Brian Robertson	250-260-3040
	Provincial Contacts:	Andy Witt	250-356-2353
Fisheries & Oceans Canada:	Regional Contact:	Bruce Runciman	250-804-7007

Local Qualified Environmental Professionals:

(There may be other companies qualified to conduct this work. Please consult your local telephone directory.)

Ecoscape Biological Consultants	Kelowna 250-979-0035 or 250-469-FISH
QEP Consulting	Kelowna 250-868-6682
Sage Environmental Consulting	Vernon 250-558-0627
Summit Environmental Consultants	Vernon 250-545-3672
Trumbley Environmental Consultants	Armstrong 250-546-4069

 

Back to Building Department