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Proposed Proposed Riparian Areas RegulationRiparian Areas Regulation

Local Government Briefing Local Government Briefing

May 12, 2004May 12, 2004

22

Objectives for the DayObjectives for the Day

Provide briefing on proposed Riparian Provide briefing on proposed Riparian Areas Regulation and associated Areas Regulation and associated documentsdocuments

Receive comments on proposed approachReceive comments on proposed approach Outline path forward leading to Outline path forward leading to

implementationimplementation

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The Day in ContextThe Day in Context

Minister will be advised of results Minister will be advised of results Minister is keen to take to CabinetMinister is keen to take to Cabinet UBCM actively engaged throughout and UBCM actively engaged throughout and

we believe interests identified have been we believe interests identified have been addressedaddressed

Will continue to collaborate in the period Will continue to collaborate in the period leading to implementation and beyondleading to implementation and beyond

44

UBCM PerspectivesUBCM Perspectives

From outset of discussions, UBCM staff From outset of discussions, UBCM staff and officials have emphasizedand officials have emphasized

• Minimizing costs to local governmentMinimizing costs to local government• Minimizing liability to local governmentMinimizing liability to local government• Respecting local government land use Respecting local government land use

decision-making responsibilitydecision-making responsibility• Enabling continued use of SPR defined Enabling continued use of SPR defined

setbackssetbacks

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Outline of PresentationOutline of Presentation

1.1. Policy overviewPolicy overview

2.2. Review and Decision Process Review and Decision Process

3.3. Riparian Areas RegulationRiparian Areas Regulation

4.4. Riparian AssessmentRiparian Assessment

5.5. Local Government RoleLocal Government Role

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1. Policy Overview1. Policy Overview

Development sector concerned that ability to apply Development sector concerned that ability to apply site specific option is limited based on:site specific option is limited based on:

a.a. Provincial and federal resources to zone the Provincial and federal resources to zone the landscape and to staff referral committeeslandscape and to staff referral committees

b.b. Local governments ability and willingness to Local governments ability and willingness to entertain the site specific approachentertain the site specific approach

Provincial government looking to adopt science and Provincial government looking to adopt science and results-based regulationresults-based regulation

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The AssignmentThe Assignment

Work with MLA advisory group Work with MLA advisory group Develop new regulation to replace existing Develop new regulation to replace existing

Streamside Protection Regulation that Streamside Protection Regulation that maintains same level of protection as SPR maintains same level of protection as SPR

Incorporating the following design Incorporating the following design principles…..principles…..

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Key Design PrinciplesKey Design Principles

Satisfy requirements of federal Satisfy requirements of federal Fisheries Fisheries ActAct

Certainty and flexibility to developersCertainty and flexibility to developers Not dependent on limited local, provincial Not dependent on limited local, provincial

and federal government resources and federal government resources Shift cost to land developerShift cost to land developer

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SolutionsSolutions

Define the site specific option in the SPRDefine the site specific option in the SPR Standardize the approach to this optionStandardize the approach to this option Make best use of government resourcesMake best use of government resources Onus on developers using QEPs to Onus on developers using QEPs to

determine appropriate protection determine appropriate protection

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Riparian Assessment Areas ModelRiparian Assessment Areas Model

Local governments may allow development within 30 Local governments may allow development within 30 meter riparian assessment area only if certified by meter riparian assessment area only if certified by Qualified Environmental Professionals (QEP) that Qualified Environmental Professionals (QEP) that development will not result in harmful alteration of development will not result in harmful alteration of riparian fish habitat (features functions and conditions). riparian fish habitat (features functions and conditions).

QEPs hired by proponents help design development to QEPs hired by proponents help design development to assess impacts, avoid impacts, develop mitigation assess impacts, avoid impacts, develop mitigation measures or recommend compensatory strategies. measures or recommend compensatory strategies.

Shifts cost of assessing development to proponent Shifts cost of assessing development to proponent allowing governments’ to focus on monitoring and allowing governments’ to focus on monitoring and enforcementenforcement

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2. Process2. Process

Development Proposed in Development Proposed in Riparian Assessment AreaRiparian Assessment Area

LG bylaws etc. exceed LG bylaws etc. exceed RAR?RAR?

FFC maintained by SPEA FFC maintained by SPEA and Measures?and Measures?

DFO authorizes HADDDFO authorizes HADD

Local Local Government Government Authorizes Authorizes

Development Development Subject to Subject to ConditionsConditions

Consider Consider Development Development Opportunities Opportunities

Outside of Outside of Riparian Riparian

Assessment Assessment AreaArea

yes

Site Assessment by QEP

yesno

Seek authorization from DFO

no yes

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Detailed ProcessDetailed Process

QEP conducts assessmentQEP conducts assessment

Notify DFO/WLAPNotify DFO/WLAP

LG reviewsLG reviews

Development proceedsDevelopment proceeds

QEP checks post QEP checks post developmentdevelopment

Notifies DFO/WLAPNotifies DFO/WLAP

Compliance monitoringCompliance monitoring

Compliance monitoringCompliance monitoring

Efficacy compliance monitoringEfficacy compliance monitoring

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Project is authorizedProject is authorized Project is rejectedProject is rejected

Developer proceeds with LGDeveloper proceeds with LG

Developer and QEP post construction Developer and QEP post construction monitoringmonitoring

Project and compensation habitat are Project and compensation habitat are constructedconstructed

Monitoring Reports are provided to DFOMonitoring Reports are provided to DFO

Fisheries Act AuthorizationFisheries Act Authorization

Proponent goes to Proponent goes to LG for relaxation of LG for relaxation of

other bylawsother bylawsRAR processRAR process

Proponent meets DFO Proponent meets DFO conditions for consideration of conditions for consideration of

HADD?HADD?

yesyes

nono

yesyes

nono

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Key Accountability ToolsKey Accountability Tools

Clear Science Based Standards for the Clear Science Based Standards for the QEP conducted assessment, directly QEP conducted assessment, directly referenced in the regulationreferenced in the regulation

Required qualifications for QEPs identifiedRequired qualifications for QEPs identified Governments notification of assessmentGovernments notification of assessment Monitoring, both compliance and efficacyMonitoring, both compliance and efficacy

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ProductsProducts

Riparian Areas RegulationRiparian Areas Regulation Science-based assessment for QEPsScience-based assessment for QEPs Monitoring strategy, including notificationMonitoring strategy, including notification Agreement confirming implementation Agreement confirming implementation

responsibilities of three governmentsresponsibilities of three governments Guidebook on implementationGuidebook on implementation

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3. Riparian Areas Regulation3. Riparian Areas Regulation

Through Section12 of the Fish Protection Through Section12 of the Fish Protection ActAct provide direction to specified local provide direction to specified local governments to use their powers under governments to use their powers under Section 26 of the Section 26 of the Local Government ActLocal Government Act to to protect riparian areasprotect riparian areas

RAR directs local government not to RAR directs local government not to approve unless assessment completedapprove unless assessment completed

RAR being developed with Ministry of RAR being developed with Ministry of Attorney General, UBCM and MCAWSAttorney General, UBCM and MCAWS

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Riparian Area Regulation Riparian Area Regulation

OutlineOutline Definitions and interpretationDefinitions and interpretation Purposes of this regulationPurposes of this regulation ApplicationApplication Conditions for developmentConditions for development Develop strategies with the WLAP and DFODevelop strategies with the WLAP and DFO Protection and enhancement of areasProtection and enhancement of areas Preparation of assessment report by Preparation of assessment report by

qualified environmental professionalqualified environmental professional Appendix: Assessment MethodologyAppendix: Assessment Methodology

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Riparian Area Regulation Riparian Area Regulation

The purpose of this regulation is to:The purpose of this regulation is to:• protect SPEAs so they can provide natural protect SPEAs so they can provide natural

features, functions and conditions (FFC) features, functions and conditions (FFC) that support fish life processes, andthat support fish life processes, and

• establish policy directives that reflect the establish policy directives that reflect the intergovernmental protocol agreement intergovernmental protocol agreement between WLAP, DFO and the UBCMbetween WLAP, DFO and the UBCM

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ApplicationApplication

Applies to use of Local Government Applies to use of Local Government powers under Part 26 of Local Govt Act powers under Part 26 of Local Govt Act

Does not apply for reconstruction or repair Does not apply for reconstruction or repair of existing structure on existing foundationof existing structure on existing foundation

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Conditions for DevelopmentConditions for Development

Direction to Local Government that development in Direction to Local Government that development in assessment area requiresassessment area requires

QEP certifies that:QEP certifies that:• they are qualified to do the assessment,they are qualified to do the assessment,• have followed the assessment methodology,have followed the assessment methodology,• no alteration of FFC if SPEA width and measures no alteration of FFC if SPEA width and measures

are maintained. are maintained. There is proof that:There is proof that:

• WLAP and DFO have been notified and sent copy WLAP and DFO have been notified and sent copy of assessment report orof assessment report or

DFO authorizes harmful alteration of features DFO authorizes harmful alteration of features functions and conditionsfunctions and conditions

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Develop StrategiesDevelop Strategies

Local government to work with DFO and Local government to work with DFO and WLAP to develop strategies for:WLAP to develop strategies for:

• QEP to certify post development that SPEA QEP to certify post development that SPEA recognized and measures followedrecognized and measures followed

• Monitoring and enforcementMonitoring and enforcement• Public education with respect to the Public education with respect to the

protection of riparian areasprotection of riparian areas

2222

Protection of SPEAsProtection of SPEAs

• Local Govt must use powers to protect the Local Govt must use powers to protect the streamside protection and enhancement streamside protection and enhancement areas identified in the assessment reportareas identified in the assessment report

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Preparation of assessment report by Preparation of assessment report by qualified environmental professionalqualified environmental professional

Assessment Report must:Assessment Report must:• follow assessment methodologyfollow assessment methodology• Report on:Report on:

• Width of the streamside protection Width of the streamside protection and enhancement areaand enhancement area

• Measures necessary to protect the Measures necessary to protect the integrity of the streamside protection integrity of the streamside protection and enhancement area.and enhancement area.

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SPR vs RARSPR vs RAR

SPRSPR RARRAR

Accept standard setbacksAccept standard setbacks

Option for site specific Option for site specific solutionsolution

Methodology for OptionMethodology for Option

Role of QEPRole of QEP

Measures to maintain the Measures to maintain the SPEASPEA

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4. Riparian Assessment4. Riparian Assessment

Key ElementsKey Elements• Developed through consultation with a number of Developed through consultation with a number of

scientists and review of literaturescientists and review of literature• Potential fish habitat impacts examined in 30 meter Potential fish habitat impacts examined in 30 meter

(or beyond) riparian assessment area (or beyond) riparian assessment area • Specified methods and standardsSpecified methods and standards• Undertaken by Undertaken by Qualified Environmental Qualified Environmental

Professional (QEP)Professional (QEP)• Development proceeds if QEP certifies no harmful Development proceeds if QEP certifies no harmful

alteration of fish habitatalteration of fish habitat• If harmful alteration, Fisheries Act approval If harmful alteration, Fisheries Act approval

requiredrequired

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Local Government RoleLocal Government Role

Local Government applicationLocal Government application QEPs and Liability QEPs and Liability Partnership approachPartnership approach

• Cooperation AgreementCooperation Agreement• GuidebookGuidebook• MonitoringMonitoring• TrainingTraining

Time FrameTime Frame

2929

Local Government ApplicationsLocal Government Applications

Use Part 26 tools for developmentUse Part 26 tools for development• i.e.. Zoning and Development permitsi.e.. Zoning and Development permits

Other ToolsOther Tools• i.e. tree protection, covenants, i.e. tree protection, covenants,

Other issuesOther issues• i.e. drainage, geotechi.e. drainage, geotech

DifferencesDifferences

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Liability and Use of QEPsLiability and Use of QEPs

Risk Management strategies to reduce potential Risk Management strategies to reduce potential for litigationfor litigation

• Detailed assessment, Detailed assessment, • Design to avoid impact Design to avoid impact • Requirement for notifications to senior Requirement for notifications to senior

governments with the results of the assessment, governments with the results of the assessment, • Final review sign off and reporting back to senior Final review sign off and reporting back to senior

governments by the QEPs of the implementation of governments by the QEPs of the implementation of the assessment prescriptions,the assessment prescriptions,

• Compliance and efficacy monitoring, Compliance and efficacy monitoring, • Working with professional associations on training, Working with professional associations on training,

responsibility, and accountabilities of members.responsibility, and accountabilities of members.

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Cooperation AgreementCooperation Agreement

MWLAP, DFO and UBCMMWLAP, DFO and UBCM Detailed agreement framework completed Detailed agreement framework completed Key element will be the roles and Key element will be the roles and

responsibility matrixresponsibility matrix Detailed content will be developed with Detailed content will be developed with

UBCM, DFO and legal advisorsUBCM, DFO and legal advisors

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Outline of Cooperation AgreementOutline of Cooperation Agreement

1.1. Effect and InterpretationEffect and Interpretation2.2. Purpose and objectivesPurpose and objectives3.3. PrinciplesPrinciples4.4. GoalsGoals5.5. Roles and responsibilitiesRoles and responsibilities6.6. Negotiation of local intergovernmental Negotiation of local intergovernmental

cooperation agreementscooperation agreements7.7. Financial resourcesFinancial resources8.8. Information sharingInformation sharing9.9. TrainingTraining

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GuidebookGuidebook

1.1. Principles of Approach Principles of Approach

2.2. Legislative ToolsLegislative Tools

3.3. Process and Implementation Process and Implementation

4.4. No Net Loss ProposalsNo Net Loss Proposals

5.5. Local Government FlexibilityLocal Government Flexibility

ContentContent

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GuidebookGuidebook

Implementation advice to local Implementation advice to local governmentgovernment

Direction from DFO on No Net Loss Direction from DFO on No Net Loss proposalproposal

• compliant projects do not require an compliant projects do not require an authorizationauthorization

• because they have applied location, design because they have applied location, design principles and mitigation measures to avoid principles and mitigation measures to avoid creating a HADDcreating a HADD “ “

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Notification and MonitoringNotification and Monitoring

Key aspect of process is notification of Key aspect of process is notification of development and monitoring and reporting development and monitoring and reporting of results to DFO and MWLAPof results to DFO and MWLAP

Notification system designed and final Notification system designed and final development underwaydevelopment underway

Detailed framework of monitoring strategyDetailed framework of monitoring strategy Working out roles and responsibilities of Working out roles and responsibilities of

three levels of governmentthree levels of government Determining resource requirementsDetermining resource requirements

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Monitoring StrategyMonitoring Strategy

DFO, MWLAP and LG involved in DFO, MWLAP and LG involved in monitoringmonitoring

Monitoring will be stratified by:Monitoring will be stratified by:• Time (before, during and after Time (before, during and after

development)development)• Risk (wateshed sensitivity, and impact of Risk (wateshed sensitivity, and impact of

development)development)• Proactive (planned) and Reactive Proactive (planned) and Reactive

(complaints)(complaints)

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Division of Labour.Division of Labour.

Five participants in the monitoring strategy Five participants in the monitoring strategy for the RAR. These are: for the RAR. These are: • Provincial government – MWLAP, MSRMProvincial government – MWLAP, MSRM• DFODFO• Local GovernmentsLocal Governments• Possibly, NGOs such as Stream Keepers; and Possibly, NGOs such as Stream Keepers; and

the general public. the general public. • Professional AssociationsProfessional Associations

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Members of the PublicMembers of the Public

Two potential roles:Two potential roles:• monitoring, using methods and guidelines monitoring, using methods and guidelines

developed by government agenciesdeveloped by government agencies• generate a complaint.generate a complaint.

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Professional Associations Professional Associations

Holding members accountableHolding members accountable Ensuring that members are qualified ie Ensuring that members are qualified ie

trainingtraining Adressing process in guidebook ie how to Adressing process in guidebook ie how to

lodge a complaintlodge a complaint Feedback on complaints:Feedback on complaints:

• How resolvedHow resolved• Recommendations for improvementRecommendations for improvement

4646

TrainingTraining

• WLAP and DFO WLAP and DFO • LG contactLG contact• MonitoringMonitoring• Adaptive ManagementAdaptive Management

• Local Government StaffLocal Government Staff• Choice of toolsChoice of tools• MonitoringMonitoring• Adaptive managementAdaptive management

• QEPQEP• Assessment trainingAssessment training

• PublicPublic

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6. Implementation6. Implementation

Develop Cooperation AgreementDevelop Cooperation AgreementImplementation GuideImplementation GuideTrainingTrainingNotification SystemNotification SystemAdaptive ManagementAdaptive ManagementMonitoringMonitoring

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Time FrameTime Frame

Depends on:Depends on:• What regulatory strategy usedWhat regulatory strategy used• What land use strategy currently in placeWhat land use strategy currently in place• Implementation strategyImplementation strategy