Watercourse DPA District of North Vancouver Streamside DPA Development Permit Area for the Protection of the Natural Environment: Streamside Areas Public Sessions June 13 & 14, 2007

Watercourse DPA District of North Vancouver Streamside DPA Purpose of this Session  Why streamside protection  Explain the Development Permit Area (DPA)  Explain the “Protected Area”  Compare the existing and proposed permitting systems  Get your feedback

Watercourse DPA District of North Vancouver Streamside DPA What is a Stream? Includes - a) a watercourse whether it usually contains water or not; b) a pond, lake, river, creek or brook; and c) a ditch, spring or wetland that is connected by surface flow to a) or b). Adapted from the Environmental Protection and Preservation Bylaw and Riparian Areas Regulation

Why Protect Streams and Streamside Areas? Fish Wildlife Bank stability, Greenspace Community Values -

Streamside vegetation benefits….

Watercourse DPA District of North Vancouver Streamside DPA Why? (cont’d) – it’s the Law FEDERAL:  Fisheries Act – prohibits harm to fish habitat PROVINCIAL:  Fish Protection Act –requires local governments to protect riparian areas from development  Riparian Areas Regulation – establishes methods for protecting riparian areas

Watercourse DPA District of North Vancouver Streamside DPA Why? (cont’d) – DNV policies  OCP Natural Environment Policies  Conserve and protect watercourses  Local Plans  Detailed policies for protecting and enhancing streams  DPA 1 (Environment)  Applies to upper forested areas, major streams.  Does not contain specific setbacks, does require environmental impact study. Cont’d

Watercourse DPA District of North Vancouver Streamside DPA Env’l Protection & Preservation Bylaw (1994)  Aquatic section established streamside setbacks from Top of Bank (TOB):  15 m for residential  30 m for multifamily, commercial, industrial  A permit is required for any work in stream corridors

Watercourse DPA District of North Vancouver Streamside DPA What is a Development Permit Area?  BC Local Government Act  Area where “the natural environment, its ecosystems and biological diversity” needs to be protected  Development permits may:  Specify areas to remain free of development  Require natural features to be preserved  Require protection measures – e.g., replant, control erosion, enhance habitat, etc.

Watercourse DPA District of North Vancouver Streamside DPA Why a DPA for streamside protection?  Clear authority to regulate a range of land use and development activities  Meet obligations under the RAR  Give clear guidance to property owners when a permit may be needed

Watercourse DPA District of North Vancouver Streamside DPA What this DPA will not address  Protection from hazardous conditions  Marine foreshore

Watercourse DPA District of North Vancouver Streamside DPA Where is the proposed DPA? Applies to all parcels that:  contain a stream;  lie within 15 m of the TOB of a stream; or  Lie within 10 m of the TOB of a ravine greater than 60m in width.

Map of the DPA – current and proposed

Watercourse DPA District of North Vancouver Streamside DPA What is the “Protected Area”?  Area (setback) within the DPA to be ultimately protected from development  Based on requirements of the RAR  Protected area on residential lots =  15 m from TOB of streams  10 m from TORB for ravines > 60 m wide

Realities in Existing Neighborhoods

Watercourse DPA District of North Vancouver Streamside DPA Development in the Protected Area Principles:  Existing structures and land uses can continue as always (i.e., “grandparented”)  Locate new development outside PA  If exhaust all options but still can’t avoid PA – *may be approved with compensation for lost area (“no net loss”)  *If impact too severe – DP may not be approved  No development from stream centre to 5 m from TOB

Avoid – no options, compensate Avoid altogether “Grandparented”

Protected Area – example lot situations No closer than existing development

Watercourse DPA District of North Vancouver Streamside DPA Compensating for Riparian Loss  Compensation ‘ratio’:  Footprint  Permanency  Etc.  Example compensation:  Improving riparian vegetation on or off site  Removing other structures and restoring  Improving in-stream habitat – restoration plan

Compensation example

Watercourse DPA District of North Vancouver Streamside DPA Protected Area – large parcels  > 0.5 ha (1.2 acres)  Opportunity to protect larger streamside area than on SF lots  Protected area = 30 m from TOB  No development from stream centre to 15 m from TOB

Protected Area – large lot situations

Watercourse DPA District of North Vancouver Streamside DPA Exemptions – what would not need a DP  Development outside the Protected Area  Routine landscape maintenance  Renovation on existing foundation  Non-structural exterior reno’s (painting, etc.)  Emergency actions to prevent immediate threat to life or property Cont’d…

Watercourse DPA District of North Vancouver Streamside DPA Exemptions – continued  Approved riparian or in-stream restoration  Seasonal play equipment on existing lawn  Subdivision, where building envelope is outside Protected Area  Public works and services – follow guidelines

Watercourse DPA District of North Vancouver Streamside DPA Compare Existing and Proposed EPP BylawProposed DPA Aquatic area permitDevelopment permit 15 m from TOB for residential 30 m from TOB for others 15 m from TOB on lots <0.5 ha 30 m from TOB on lots >0.5 ha Compensation required informally Compensation requirement formalized Environmental ServicesPlanning Services with ES input Enforced with fineEnforced by court action

Watercourse DPA District of North Vancouver Streamside DPA Bylaws Required  OCP amendment bylaw  Development Procedures Bylaw 7660 amendment  EPP Bylaw 7659 amendment

Watercourse DPA District of North Vancouver Streamside DPA Summary  DPA is better tool than the EPP Bylaw:  Clear mandate to address all aspects of streamside protection  Fulfills obligation under the RAR  Recognizes all ecological values – it’s not just about fish.  Formalize what is being doing now under the EPP Bylaw  Provides certainty and consistency

Watercourse DPA District of North Vancouver Streamside DPA Next Steps  Refine the concept and draft bylaws based on Council and public input  Submit to Council in Fall  1 st and 2 nd reading  Public hearing  Final revisions  3 rd and 4 th reading - adoption

Watercourse DPA District of North Vancouver Streamside DPA Questions ?