BC’S RIPARIAN AREA REGULATION:

A “NEW ERA” FOR DEVELOPERS

The Riparian Area Regulation (RAR), under BC's Fish Protection Act, was scheduled to take effect March 31, 2005. The “results-based” RAR is a significant change from the prescriptive Streamside Protection Regulation (SPR). An extension order to March 31, 2006 has been issued for those local governments requiring the additional time to amend their bylaws..

RAR is results-based, flexible, science-based & cooperative
The RAR provides greater certainty and flexibility, enabling developers to gain approvals with greater ease while satisfying the requirements of the federal Fisheries Act. The RAR is intended to support the Fisheries Act principle of “No-Net-Loss” of fish habitat, by helping developers avoid, mitigate or compensate for “Harmful Alteration, Disruption or Destruction” (HADD) of fish habitat.

The RAR is intended to protect riparian areas and the natural features and functions that support fish life processes and to facilitate intergovernmental cooperation among the Ministry of Environment (MOE), Department of Fisheries and Oceans (DFO) and Union of British Columbia Municipalities (UBCM).

When does the RAR apply?
The RAR applies to industrial, residential and commercial developments, and to ancillary activities planned, at least in part, within the “riparian assessment area” (RAA) alongside a stream. The RAR does not apply to agricultural or institutional development or to reconstruction or repair of a building if the structure remains on its original foundation.

What is a “stream” under the RAR?
Under the RAR a “stream” is (1) a watercourse that provides fish habitat (whether it usually contains water or not); (2) a pond, lake, river, creek or brook that provides fish habitat, and (3) a ditch, spring or wetland that is connected by surface flow to a watercourse, pond, lake, river, creek or brook that provides fish habitat and nutrients for fisheries.

How wide is the RAA?
For a stream, not in a ravine, the RAA is a 30 meter strip of land on each side of the stream, measured from the High Water Mark (HWM). For a stream in a ravine narrower than 60 meters (excluding the HWM stream width), the RAA is measured from the HWM to a point 30 meters beyond the top of the ravine bank. For a stream in a ravine 60 meters wide or wider (excluding the HWM stream width), the RAA is measured from the HWM to a point 10 meters beyond the top of the ravine bank.

Will all municipalities have the same rules?
No! Local governments have three options to align with the RAR: (1) meet or exceed directives in the Fish Protection Act; (2) adopt the older Stream Protection Regulation; or (3) adopt the RAR. Local governments may also regulate development, in certain areas, to recognize other ecological or aesthetic values through comprehensive, watershed-based, integrated stormwater and stream corridor planning and management.

What is the developable area?
Regulated: Remain outside the RAA and accept a 30 meter setback, and also adhere to any additional setbacks the municipality may require.
Recommended: Hire a Qualified Environmental Professional (QEP) to perform a Simple or Detailed Assessment to determine the Streamside Protection and Enhancement Area (SPEA) width on your site and applicable mitigation measures. Assessments can only be done by a QEP and must follow procedures set out as part of the RAR.

What is a Simple Assessment?
A Simple Assessment determines one of three SPEA widths - either 5 to 15 meters, 15 meters or a minimum of 30 meters, based on conditions in and around the stream.

Why do a Detailed Assessment?
A Detailed Assessment evaluates site-specific factors and determines whether the SPEA width could be narrower than that determined under a Simple Assessment, without HADD.

The procedure for a Detailed Assessment can result in a narrower SPEA than determined by a Simple Assessment, but will never result in a wider SPEA. Depending on the value of your development and the cost of losing lot yield, the added price of a Detailed Assessment may be insignificant compared to the potential increase in development possibilities.

How do I get my project approved?
Project proponents have one of two choices to achieve their development approvals:

A Qualified Environmental Professional has followed the RAR assessment methods; OR

A Harmful Alteration, Disruption or Destruction (HADD) authorization is sought from DFO.

If the proponent selects 1. above, this requires a qualified QEP to follow the RAR assessment methods providing their professional opinion that the development will result in no HADD or that potential HADD can be mitigated. From this point MOE notifies local government that MOE and DFO have been notified, have received a QEP assessment and that the report meets the conditions of the RAR.

If the proponent selects 2. above, the proponent must receive authorization from DFO regarding the HADD. This will involve a habitat compensation agreement and other conditions to meet the site specific requirements, if a QEP finds that the project will adversely affect the Streamside Protection & Enhancement Area (SPEA).

How can Keystone help?
Keystone understands the balance which must be maintained among economic, business, societal and environmental concerns and issues. With six full-time biologists on staff, we boast extensive experience in Fish Habitat and Riparian Assessments, Adaptive Management Strategies, Best Management Practices and Environmental Monitoring plans. All while navigating regulatory requirements. Keystone works with you to obtain your objectives. We understand your unique project needs, can maximize your project's value and enable your project dream to become a reality.