1. District Council Workshop
May 15, 2007
Development Permit Area for the Protection of the Natural Environment: Streamsides

2. Introductions Consulting Team: Staff Team: Harriet Rueggeberg
Susan Stratis
Staff Team:
Ken Bennett
Richard Boase and Andrew Vander Helm
Susan Haid
Tamsin Guppy and Ross Taylor
GIS Dept.

3. Purpose of this Session
Why Streamside protection
Briefly review existing streamside protection in DNV
Explain the Development Permit Area (DPA)
Explain the “Protected Area”
Seek council’s approval in principle of this approach and proceed to public consultation
On the table for you are 2 sample DPA maps. The whole District is displayed on the easel.
So, from this presentation, please remember these 3 things;
The DPA fulfils our obligation under the Riparian Areas Regulation, but It is not just about fish. It recognizes all the intrinsic ecological values of our creek corridors.
Streamside DPA’s are not new. This DPA process will formalize what staff are doing now under the Environmental. Bylaw; and other municipalities are doing the same thing.
The DPA requirements and exemptions are clearly defined and will provide certainty and consistency.

4. What is a Watercourse? Definition: “includes …
a) a pond, lake, river, creek or brook whether it usually contains water or not; and
b) a ditch, spring or wetland that is connected by surface flow to something referred to in paragraph a).”
From the Riparian Areas Regulation

5. Why protect watercourses and riparian areas?
Fish
Greenspace
Wildlife

6. Riparian Areas Regulation (2004)
Requires local governments to protect riparian areas during development
Base protection on state of watercourse and riparian area rather than type of land use
Use land use regulation powers under Part 26 of Local Government Act
Replaces the 1997 Fish Protection Act and Streamside Protection Regulation; establishes setbacks to protect riparian vegetation.

7. Env’l Protection & Preservation Bylaw
1994: aquatic section based on 1992 Land Development Guidelines
Setbacks from TOB:
15 m ( SF residential)
30 m (multifamily, commercial, industrial)
Permits needed for any work or removal of vegetation in stream corridors
MOU - Environmental Review Committee
EPP Bylaw distinguishes between fish and non-fish bearing streams
Permits needed for any work or removal of vegetation:
30m TOB of fish bearing
30m from high water mark foreshore
30m freshwater marshes and wetlands
15m non-fish bearing.

8. District OCP – current policies (1990)
Natural Environment Policies
Conserve and protect the watercourses, lakes and foreshore environments (Policy 3.1.2)
Local Plans
Detailed policies for protection and enhancement of streams
DPA 1 (Environment)
applies to all upper forested areas, major streams.
DPA guidelines do not contain specific guidelines or setbacks, do require environmental impact study.

9. Existing DPA Map (Protection of Natural Environment)

10. What is a Development Permit Area?
Sections 919 and 920 (Part 26) of Local Government Act
Development permits may:
Specify areas to remain free of development
Require natural features to be preserved, enhanced
Require protection measures – retain and replant vegetation, control drainage and erosion, etc. to preserve, protect, restore or enhance fish habitat or riparian areas.

11. Why a DPA for streamside protection?
Clear authority to regulate a range of development activities
More comprehensive regulation than environmental permitting (limited #activities) or zoning (building setbacks only)
Meet Part 26 obligations under the RAR
Give clear guidance to property owners
Disadvantage: poor enforcement mechanisms

12. What this DPA will not address
Protection from hazardous conditions
Marine foreshore
Protection of property from hazardous conditions that may be associated with watercourses (ravines, etc.) and regulation along the marine foreshore need different considerations than protection of habitat along streams – and really need their own treatment. These are to be addressed as part of the OCP review.

13. Process for Creating Streamside DPA
Develop technical framework
Generate a map of the DPA
Review with DFO
Prepare draft bylaw amendments
Council workshop
Public information sessions – affected landowners
Revise draft bylaws
Council review and adoption

14. Designating the DPA Methodology: Summary
Staff reviewed GIS maps of all creeks in the District.
Using GIS, a 15m line was drawn from centre line of creeks. Any property touched by this line is included in the DPA.
Staff reviewed contours to determine Top of Bank and identified any additional parcels.
Summary
DPA applies to all parcels that contain a watercourse and/or lie within 15m of TOB of a watercourse, or 10m of TOB of a ravine greater than 60m in width.
We considered defining the DPA as the area within 15 m of TOB.
The area option creates some uncertainty whether a property is affected by a DPA requirement until the boundary of the DPA is determined. The parcel option, however, makes it unequivocable to property owners and development applicants that they are included in the DPA. It also reduces potential designation errors when the exact location of a stream is uncertain.

15. Map of the Streamside DPA – current and new

16. Defining the Protected Area
Protected Area = area to be ultimately protected from development within DPA
Methodology to establish the Protected Area is based on the ‘Simple Assessment’ under the RAR
Setbacks are measured from Top of Bank (TOB). This provides an enhanced level of protection as the RAR methodology is measured from the high water mark.

17.  Protected Area cont’d Protected area (setback) =
15 m from TOB
10 m from top of ravine bank for ravines > 60 m wide
Existing permanent structures and land uses can continue as always (i.e., ‘grandparented’)
“No net loss” principle applied
New development that cannot avoid Protected Area must compensate for loss of riparian area
“No build” zone from stream centreline to 5 m from TOB 

18. Protected Area – residential lots
1st box
Ideally, all development takes place outside the 15m Protected Area. No development permit required.
2nd box:
extension built here would compensation for small portion of Protected Area that would be lost by e.g., planting additional vegetation elsewhere in the protected area.
3rd box:
Same would apply here.
Compensation could occur anywhere in the protected area, including the no build zone.

19. Protected Area – residential lot e.g.
The red square represents the footprint of a proposed deck or addition extending into the Protected Area. The compensation in this case could be to require some of the existing lawn or rockery in the back and side yard be replaced with native riparian planting (trees, shrubs) within the 5-meter no-build zone, to an area 1-2X the size of the footprint of the proposed deck (net gain in riparian habitat).

20. Realities in Existing Neighborhoods
In much of DNV’s existing residential areas, lots are small, houses take up significant lot space, and riparian areas are typically treated as back or side yards with all the conventional uses that go with such outdoor space. “Existing or potential riparian vegetation” is rarely greater than 15 m in width, and is often less. Furthermore, while the majority of watercourses have been mapped, the District has not formally classified them as to their fish bearing status.
Given these circumstances in the context of the RAR’s Simple Assessment, an approach for protecting riparian areas in established residential lots is proposed that assumes that:
a)      All watercourses are fish bearing and permanent;
b)      Streamside vegetation falls into the Simple Assessment’s third category – “very narrow but continuous areas up to 5 m or discontinuous but occasionally greater than 5 m up to 15 m”; and
c)       Therefore, the basic protected area is 15 m in width, recognizing that in many situations, an existing permanent structure exists within the 15 m area.

24. Protected Area – large parcels
> 0.5 ha (1.2 acres)
May have opportunity to protect more significant riparian areas than SF lots
Again based on RAR “Simple Assessment”, assuming that existing or potential vegetation is greater than 15 m in width
For the situations where development may be proposed on large parcels, the Protected Area would be determined based on a simplified version of the RAR method (Figure 3).
The Protected Area would be treated in much the same way as the ‘no build zone’ on small lots. Any unavoidable encroachment into the Protected Area would require compensation; new development within the area from the stream centre line to 15 m from TOB would generally not be permitted.

25. Protected Area – large parcel cont’d
Compensation Area
No further extension
Ideally all permanent structures to be 30m from TOB
If structures must encroach in protected area, compensation is required.

26. Compensating for Riparian Loss
Compensation ‘ratio’
Footprint, Permanence, Activity level, shade
Examples
Improving riparian vegetation on or off site
Removing other structures and restoring
Improving in-stream habitat – restoration plan

27. Exemptions - would not need a DP for:
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
Public works and services – follow guidelines
Riparian or in-stream restoration (approved)
Seasonal play equipment on existing lawn
Subdivision – where building envelope is outside protected area
1.       Development that occurs more than 15 metres from the top of bank of a watercourse or edge of wetland, or more than 10 metres from top of ravine bank, based on legal survey;
2.       Reconstruction, renovation or repair of a permanent structure on its existing foundation, provided no further extension or encroachment into the protected area occurs, including cantilevered or projecting portions of the structure;
3.       Interior renovations within the existing foundation;
4.       Non-structural exterior renovations (such as painting, repairing eaves).
5.       Emergency actions to prevent, control or reduce immediate threat to life or property including flood protection, erosion protection, clearing of obstructions or removal of hazard trees. Emergency situations must be reported to the Environmental Protection Officer or Environmental Control Technician within 48 hours.
6.       Public works and services and maintenance activities carried out by, or on behalf of the District of North Vancouver, and approved by the Environmental Protection Officer or Environmental Control Technician;
7.       Riparian vegetation management such as removal of invasive species, revegetation with native riparian species, according to a landscape/restoration plan approved by the Environmental Officer or Environmental Control Technician;
8.       Habitat restoration and in-the-stream development approved under applicable provincial and federal legislation;
9.       Routine maintenance of existing landscaping and lawn areas;
10.   Installation of seasonal play or recreational equipment on existing yard/lawn areas; such as sandboxes or swing sets, but not including structures such as tree forts that may affect tree health.
11.   A Development Permit is not required for subdivision of lands in the Watercourse Protection Development Permit Area where minimum lot areas are met exclusive of the protected area, no development activities related to the creation and servicing of lots will occur in the protected area and no restoration or enhancement of the protected area is required.
12.   Activities exempted from the requirement to obtain a Development Permit under this section may still be required to obtain an Environmental Permit in accordance with the provisions of Environmental Protection and Preservation Bylaw No.6515.

28. Proposed Development Permit Process
Planning – administers DP applications and approves permits
Environmental Services – reviews, advises of DP conditions
Requires delegation of authority to staff
Council approval required if zoning bylaw variances needed.
Assuming Council delegates authority for DPA’s to Director of Sustainability, Planning and Building

29. Bylaws Required
OCP amendment bylaw
Development Procedures Bylaw 7660 amendment
EPP Bylaw 7659 amendment

30. 1. OCP Amendment Bylaw Main elements…..
New DPA applies to all watercourses/streamside areas
New map showing all parcels in DPA
Definitions of all terms (i.e. protected area, top of bank)
Detailed objectives and justification
Specific guidelines and exemptions

31. 2. Development Procedures Bylaw
Main elements…..
Establishes fees for Streamside DPA
Reasonable fees ($100 for reconstruction on existing foundations, $200 new house or subdivision lot, no fee for habitat restoration)
Delegates authority to issue permits to staff
Director of Sustainability, Planning and Building issues permits
Except where zoning variance involved, then application goes to Council for approval.
City of North Van Streamside DPA fees:
$50 minor development (landscape, accessory structure)
$350 principal building
$1700 (full DP with variance)
West Vancouver DPA fees:
$350 (renovations or new house on existing SF site)
$800 (new development with subdivision)

32. 3. EPP Bylaw amendment
Main elements……
Remove portions of Aquatic section of EPP bylaw (so no duplication with DPA).
Retains regulations regarding discharge into watercourses, obstructing streams, in-stream works.

33. North Shore Municipalities: Similar approach
West Van
Adopted Watercourse Protection & Enhancement DPA and guidelines in OCP. Protected area - 15m from TOB existing developed area; 30m new neighbourhoods.
Delegated authority to staff
City of North Van
Adopted Streamside Protection & Enhancement DPA, with guidelines in zoning bylaw. Applies to properties within 15m of TOB (protected area).
Delegated authority to staff.

34. Summary
DPA process is a better tool to protect streams and the adjacent riparian area than the Environmental Bylaw
The DPA process is clearly defined with a clear legislated mandate
The DPA fulfils our obligation under the Riparian Areas Regulation (RAR)
The DPA recognizes all the intrinsic ecological values of our creek corridors. It is not just about fish.

35. Summary cont’d
The DPA process will formalize what staff are doing now under the Env. Bylaw
The DPA will replace the Aquatic Section of the Env. Bylaw
The “Protected Area” is defined to meet or beat the RAR
Exemptions clearly defined, consistent with the RAR
Provides certainty and consistency

36. Resource Implications
DPA applications and the review process by staff in Planning remains unchanged.
The application of the DPA process for projects by District Operations and Parks requires further assessment.
Potential implications to the Financial Plan will be provided when the DPA bylaws are introduced to Council in the Fall.
What does all this add up to. How many properties are we talking about?
A) 3,514 properties fall within the Development Permit Area
B) Of those approximately 80% of the parcels (roughly 2800 parcels) are private.
C) 37 out of 201 (14%) parks are affected by these regulations.
D) Staff issued 52 Aquatic Area Permits in 2006.

37. Next Steps
Parks & Natural Environment Committee May 23
Proceed to public consultation in June:
2 sessions
Refine the Bylaws from the input from Council and the public
Back to Council for adoption in the Fall 2007 (includes bylaw readings and public hearing).

38. Comments ~ Questions ~