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1 Aquatic Impact Aquatic Impact Compliance: Compliance: Working Together Working Together Case Study: Case Study: Implementation of the Implementation of the Riparian Areas Riparian Areas Regulation Regulation October, 2007 October, 2007

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

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Aquatic Impact Compliance: Working Together Case Study: Implementation of the Riparian Areas Regulation October, 2007. RAR RRRRRRR !!!!! We’ve had enough of Nino Morano!. Riparian Fish Habitat. Purpose of Presentation. Introduce background of the Riparian Areas Regulation. - PowerPoint PPT Presentation

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Aquatic Impact Compliance:Aquatic Impact Compliance:Working TogetherWorking Together

Case Study:Case Study:

Implementation of theImplementation of the

Riparian Areas RegulationRiparian Areas Regulation

October, 2007October, 2007

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RAR RRRRRRR !!!!!RAR RRRRRRR !!!!!

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

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Riparian Fish HabitatRiparian Fish Habitat

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Purpose of PresentationPurpose of Presentation

Introduce background of the Riparian Introduce background of the Riparian Areas Regulation.Areas Regulation.

Explain the roles of all stakeholders.Explain the roles of all stakeholders. Identify some of the common problems Identify some of the common problems

encountered with compliance monitoring encountered with compliance monitoring to date.to date.

Adaptive Management in action.Adaptive Management in action.

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The ChallengeThe Challenge

Focus of the Provincial government has been to shift Focus of the Provincial government has been to shift from regulation to “results-based” approach.from regulation to “results-based” approach.

•professional reliance modelprofessional reliance model

Key Design PrinciplesKey Design Principles•certainty and flexibility to developers.certainty and flexibility to developers.•satisfy requirements of the law (Fisheries Act)satisfy requirements of the law (Fisheries Act) . .• reduced dependence on limited local, provincial reduced dependence on limited local, provincial and federal government resources (i.e. shift onus and federal government resources (i.e. shift onus to landowner).to landowner).

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ProcessProcess

Development Proposed in Development Proposed in Riparian Assessment AreaRiparian Assessment Area

Local Government bylaws Local Government bylaws exceed Riparian Areas exceed Riparian Areas

Regulation?Regulation?

HADD avoided by HADD avoided by assessment resultsassessment results

DFO authorizes HADDDFO authorizes HADD

Local Local Government Government

May May Authorize Authorize

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 Qualified Environmental Professional

yesno

Seek authorization from DFO

no yes

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Key Elements of the Process Key Elements of the Process The Riparian Areas Regulation deals with development in The Riparian Areas Regulation deals with development in

association with new association with new residential, commercial and industrial residential, commercial and industrial development on land under local government jurisdictiondevelopment on land under local government jurisdiction

Local Government must include riparian area protection Local Government must include riparian area protection provisions in accordance with the direction in RAR in zoning provisions in accordance with the direction in RAR in zoning and rural land use bylawsand rural land use bylaws

RAR requires a 30 meter riparian assessment area.RAR requires a 30 meter riparian assessment area. Qualified Environmental Professional (QEP) must review site Qualified Environmental Professional (QEP) must review site

and development proposal using methods specified in and development proposal using methods specified in regulation.regulation.

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Key Elements (cont.) Key Elements (cont.) The RAR Assessment must determine if a The RAR Assessment must determine if a

development will result in harmful alteration of development will result in harmful alteration of riparian fish habitat .riparian fish habitat .

If no harmful alteration, project may proceed If no harmful alteration, project may proceed without further involvement of province or without further involvement of province or federal government.federal government.

If there will be harmful alteration, approval If there will be harmful alteration, approval required from Fisheries and Oceans Canada.required from Fisheries and Oceans Canada.

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When does the RAR not apply?When does the RAR not apply?

Reconstruction or repair of existing Reconstruction or repair of existing permanent structures.permanent structures.

Farming activities.Farming activities. Mining, hydroelectric or forestry activities.Mining, hydroelectric or forestry activities. Institutional developments.Institutional developments. Federal Lands & First Nations reserve Federal Lands & First Nations reserve

lands.lands. BC BC Water Act,Water Act, Section 9 applications for Section 9 applications for

“changes in and about a stream”.“changes in and about a stream”.

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Due Diligence ModelDue Diligence Model

If all parties (Developers, QEPs, Local Governments) If all parties (Developers, QEPs, Local Governments) perform as required then they will meet due diligence perform as required then they will meet due diligence tests for a variety of regulatory tools:tests for a variety of regulatory tools:

Fisheries ActFisheries Act Water ActWater Act Riparian Areas RegulationRiparian Areas Regulation Local Government BylawsLocal Government Bylaws

• Local Government puts in place bylaws to ensure that Local Government puts in place bylaws to ensure that assessment needed as a condition of development assessment needed as a condition of development

• QEP follow the Assessment MethodsQEP follow the Assessment Methods• Developer ensure it has an assessment done and follows the Developer ensure it has an assessment done and follows the

results of the assessmentresults of the assessment

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Where in BC is RAR Being Used?Where in BC is RAR Being Used?

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RAR ImplementationRAR Implementation

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What triggers a RAR Assessment?What triggers a RAR Assessment?Regulation or approval Regulation or approval residential, commercial and industrial activities residential, commercial and industrial activities

(c) construction or erection of buildings and structures;(c) construction or erection of buildings and structures;(d) creation of nonstructural impervious or semi-impervious surfaces;(d) creation of nonstructural impervious or semi-impervious surfaces;(j)(j) subdivision as defined in section 872 of the Local Government Act;subdivision as defined in section 872 of the Local Government Act;

or ancillary activitiesor ancillary activities(a) removal, alteration, disruption or destruction of vegetation;(a) removal, alteration, disruption or destruction of vegetation;(b) disturbance of soils;(b) disturbance of soils;(e) flood protection works;(e) flood protection works;(f)(f) construction of roads, trails, docks, wharves and bridges; construction of roads, trails, docks, wharves and bridges;(g) provision and maintenance of sewer and water services;(g) provision and maintenance of sewer and water services;(h) development of drainage systems;(h) development of drainage systems;(i)(i) development of utility corridors;development of utility corridors;

as regulated by Part 26 of the Local Government Actas regulated by Part 26 of the Local Government Act

It does not apply to agricultural or institutional developmentIt does not apply to agricultural or institutional development It does not apply It does not apply to the reconstruction or repair of a permanent structure that remains on its existing foundation.to the reconstruction or repair of a permanent structure that remains on its existing foundation.

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““stream”stream” includes any of the following that includes any of the following that provides fish provides fish habitathabitat::

a)a) a watercourse, whether it usually contains water or not;a watercourse, whether it usually contains water or not;

b)b) a pond, lake, river, creek or brook;a pond, lake, river, creek or brook;

c)c) a ditch, spring or wetland that is a ditch, spring or wetland that is connected by surface flowconnected by surface flow to a watercourse, a pond, lake, river, creek or brook.to a watercourse, a pond, lake, river, creek or brook.

““stream”stream” not necessarily itself inhabited by fish, but not necessarily itself inhabited by fish, but providing water, food and nutrients to streams that do providing water, food and nutrients to streams that do contain fish.contain fish.

What is a Stream?What is a Stream?

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What is a QEP?What is a QEP?

““qualified environmental professional”qualified environmental professional”1.1. is in good standing in BC with an appropriate is in good standing in BC with an appropriate

professional organization constituted under an professional organization constituted under an Act;Act;

2.2. is acting in their area of expertise as is acting in their area of expertise as recognized in ‘QEP Skill Sets’ section of the recognized in ‘QEP Skill Sets’ section of the Assessment Methods;Assessment Methods;

3.3. has remained up to date in their training and has remained up to date in their training and skills; andskills; and

4.4. has made themselves familiar with the RAR has made themselves familiar with the RAR process.process.

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Existing or potential Existing or potential streamside vegetation streamside vegetation conditionsconditions

Continuous areas ≥30m or Continuous areas ≥30m or discontinuous but discontinuous but occasionally > 30m to 50moccasionally > 30m to 50m

Narrow but continuous areas Narrow but continuous areas = 15m or discontinuous but = 15m or discontinuous but occasionally > 15m to 30moccasionally > 15m to 30m

Very narrow but continuous Very narrow but continuous areas up to 5m or areas up to 5m or discontinuous but discontinuous but occasionally > 5m to 15moccasionally > 5m to 15m

Fish bearingFish bearing Non-Fish bearingNon-Fish bearing

SPEA WidthSPEA Width

PermanentPermanent Non PermanentNon Permanent

At least 30 m At least 15 m

Greater of: existing width or potential width or 15 m

15 m

At least 5 and up to 15 m

Simple AssessmentSimple AssessmentTable 3-1: MethodologyTable 3-1: Methodology

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Detailed AssessmentDetailed Assessment

LWD – fish habitat, bank and LWD – fish habitat, bank and channel stabilitychannel stability

ShadeShade

Litter fall and insect dropLitter fall and insect drop

RAARAA

SPEASPEA

““Measures”Measures”

MeasuresMeasures

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Develop MeasuresDevelop Measures

Measures must address:Measures must address:

danger trees and the provision of large danger trees and the provision of large treestrees

windthrow windthrow

slope stabilityslope stability

drip zone and rooting strengthdrip zone and rooting strength

encroachmentencroachment

sediment and erosion control sediment and erosion control measuresmeasures

floodplain concernsfloodplain concerns

on-site stormwater managementon-site stormwater management

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RAR

QEPs

localgovernments

WLAP

DFO

tombstone dataassessment reportcompletion report

acknowledgement

notification,assessment

reports

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Implementation- Local GovernmentImplementation- Local Government

Delegated Authority/ResponsibilityDelegated Authority/Responsibility Increasing Environmental roleIncreasing Environmental role Liability concernsLiability concerns Bylaw enforcementBylaw enforcement Their reality:Their reality:

• Conflicting objectivesConflicting objectives• Variance proceduresVariance procedures

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Implementation-DeveloperImplementation-Developer

Their perspective/realityTheir perspective/reality Certainty and TimelinessCertainty and Timeliness Willing to spend $ if there are clear Willing to spend $ if there are clear

deliverables.deliverables. See this as adding complexity to a stressful See this as adding complexity to a stressful

situationsituation Green Development sells-finding the Green Development sells-finding the

balancebalance Where do I find a QEP(s)?Where do I find a QEP(s)?

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Implementation- QEP perspectiveImplementation- QEP perspective

Credentials certificationCredentials certification Role/responsibilityRole/responsibility Objective methodologyObjective methodology Dealing with discretion-variancesDealing with discretion-variances Uneasy relationship with simple Uneasy relationship with simple

homeowner’s development . homeowner’s development .

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QEP Professional OpinionQEP Professional Opinion

Assessment Report is prepared and signed by all Assessment Report is prepared and signed by all contributing QEPs.contributing QEPs.

TThe QEP(s) must:he QEP(s) must:1.1. certify they are qualified to conduct the certify they are qualified to conduct the

AssessmentAssessment2.2. certify that they followed the Assessment certify that they followed the Assessment

Methods; and Methods; and 3.3. provide their professional opinion that no provide their professional opinion that no

HADD will occurHADD will occur

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Monitoring StrategyMonitoring Strategy

Key to Adaptive Management in a results based modelKey to Adaptive Management in a results based model Are the results being attained and if not why not.Are the results being attained and if not why not. DFO, MOE and LG involved in monitoringDFO, MOE and LG involved in monitoring Components:Components:

• Compliance monitoringCompliance monitoring– – checking all submissionschecking all submissions

- - QEP post development review and reportQEP post development review and report

• Complaint response – Complaint response – on-goingon-going

• Professional Association review of membersProfessional Association review of members

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So, how are we doing?So, how are we doing?

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Status of Local Government Bylaws on Status of Local Government Bylaws on Vancouver Island Vancouver Island

(Spring 2007)(Spring 2007)

21 – implement RAR - OCP21 – implement RAR - OCP amendmentsamendments

((using Development Permit Areasusing Development Permit Areas)) 1 - implement RAR - Zoning bylaw1 - implement RAR - Zoning bylaw 2 - municipalities have no streams 2 - municipalities have no streams

((no RAR bylaws requiredno RAR bylaws required)) 7 - have not passed RAR bylaws to date 7 - have not passed RAR bylaws to date

((but have Council policy statementsbut have Council policy statements).).

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Campbell River, CityCampbell River, City 1010

Capital Regional DistrictCapital Regional District 44

Capital Regional District – Islands TrustCapital Regional District – Islands Trust 88

Colwood, CityColwood, City 11

Comox-Strathcona, Regional DistrictComox-Strathcona, Regional District 1212

Comox, TownComox, Town 11

Courtenay, CityCourtenay, City 88

Cowichan Valley, Regional DistrictCowichan Valley, Regional District 7070

Cumberland, VillageCumberland, Village 11

Gold River, VillageGold River, Village 11

Highlands, DistrictHighlands, District 44

Ladysmith, TownLadysmith, Town 44

Lake Cowichan, TownLake Cowichan, Town 1111

Langford, CityLangford, City 44

Lantzville, DistrictLantzville, District 55

Metchosin, DistrictMetchosin, District 1616

Nanaimo, Regional DistrictNanaimo, Regional District 3434

North Cowichan, DistrictNorth Cowichan, District 1616

Oak Bay, CityOak Bay, City 11

Parksville, CityParksville, City 22

Qualicum Beach, TownQualicum Beach, Town 11

Saanich, DistrictSaanich, District 44

Sooke, DistrictSooke, District 33

Tahsis, VillageTahsis, Village 11

TotalTotal 222222

# of RAR Reports# of RAR Reports

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Results of Compliance Monitoring on Results of Compliance Monitoring on Vancouver Island in 2007Vancouver Island in 2007

A crew of 4 Conservation Corps (students) assessed 94 sites for A crew of 4 Conservation Corps (students) assessed 94 sites for RAR report compliance on Vancouver Island. The findings:RAR report compliance on Vancouver Island. The findings:

• 12 sites were non-compliant: significant 12 sites were non-compliant: significant encroachment into the (SPEA) setback encroachment into the (SPEA) setback area.area.

• 55 sites had non-compliance issues wrt to 55 sites had non-compliance issues wrt to minor development issues (e.g. insufficient minor development issues (e.g. insufficient sediment control).sediment control).

• 27 sites were fully compliant 27 sites were fully compliant

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Monitoring of QEP ReportsMonitoring of QEP Reports

• Percentage of Reports submitted by Percentage of Reports submitted by

RP Bios- 92%RP Bios- 92%

Report ComplianceReport Compliance: : • March-Nov 2006:March-Nov 2006:

• 186 reports submitted, 30 compliant-16%186 reports submitted, 30 compliant-16%• Nov-March 2006-2007: Nov-March 2006-2007:

• 104 reports submitted, 50 compliant-53%104 reports submitted, 50 compliant-53%

• March-April 2007March-April 2007::• 59 reports submitted, 44 compliant-74%59 reports submitted, 44 compliant-74%

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

Use Scre e n in gto o l (n e e d s to b ed e ve lo p ed ba se d

o n r isk)

D iscu ss witho th e r a g en cie s

C omp la in t re ce ive d b yL G /D F O /MW L AP

Complaint-Based Monitoring

Ag re ed Le a din ve stig a te s

Ha ve co mp la ina n t lo g with1 -80 0 # O b se rve R e co rd

a n d R e p o rt

Actio n p la n b y L ea dAg e n cy

1

2

3

4

5

6

7

n o fu r th e r a ctio n

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Nino’s Secret Fishing HoleNino’s Secret Fishing Hole