11
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
33
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
55
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
66
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
77
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…..
88
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
99
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
1010
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
1111
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
1212
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
1313
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
1414
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
1515
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
1616
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
1717
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
1818
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
1919
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
2020
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
2121
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
2323
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.
2424
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
2626
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
2828
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
3030
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.
3131
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
3232
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
3333
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
3434
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 “ “
3535
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
3636
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)
3737
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
3939
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.
4040
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
4747
6. Implementation6. Implementation
Develop Cooperation AgreementDevelop Cooperation AgreementImplementation GuideImplementation GuideTrainingTrainingNotification SystemNotification SystemAdaptive ManagementAdaptive ManagementMonitoringMonitoring
4848
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