Riparian Areas Regulation Ralston Creek, Thetis Island Thetis - - PowerPoint PPT Presentation

Implementing Riparian Areas Regulation Ralston Creek, Thetis Island

Thetis Island Local Trust Committee February 22, 2019

Thetis Island Local Trust Committee

Summary of Work Up to Date

Thetis Island Local Trust Committee

Summer 2010

• BC MOE identified Ralston watershed as

potentially RAR-applicable. Spring 2011

• IT hires Mimulus Biological Consultants to

undertake a RAR assessment; Ralston Creek is confirmed as a stream under RAR.

• Staff recommends DPA; Trax does not support;

LTC doesn’t implement. December 2011

• Trax hires Aquaparian Cons., conducts fish

presence/absence study; finds “watercourse does not support fish & therefore not protected under RAR”. Summer- Winter 2012

• Legal opinion(Mayne Isl.) in Sept. staff report -

the presence or absence of fish alone is not relevant to implementing RAR.

• LTC considers Development Permit Area.

Fall 2013

• Covenant is preferred by Trax; LTC provides

funds to conduct a RAR Assessment to establish a SPEA and then register covenant. Spring- Fall 2014

• Full RAR Assessment was not completed; Trax

maintains the stream is not RAR applicable

• DPA discussed but not supported by Trax;
• Discussion about covenant continues

Spring 2015– Spring 2016

• Confirmation that a formal RAR Assessment

Report is required for a covenant.

• Discussion about anticipated future

development and contents of covenant.

Summer 2016 – Spring 2017

• Community members request LTC to deem Ralston Creek

non-RAR applicable.

• Ministry confirms that the approach taken to implement

RAR is consistent with the regulations. Summer 2017-Winter 2018/2019

• Community Information Meeting; FLNRORD attends
• LTC resolution for QEP 3rd party assessment of Ralston Cr.
• QEP confirms fish presence and that Ralston Creek is RAR

applicable

Thetis Island Local Trust Committee

Thetis Island Local Trust Committee

Source: MFLNRO, 2017

• Professional Reliance model – setbacks determined by Qualified Environmental

Professionals (QEPs) using a standard methodology

RAR Background

Thetis Island Local Trust Committee

Source: MFLNRO, 2017

Thetis Island Local Trust Committee

Source: MFLNRO, 2017

Thetis Island Local Trust Committee

Source: MFLNRO, 2017

Thetis Island Local Trust Committee

Options for Implementing RAR

• Development Permit Area
• Conservation Covenant
• Setbacks and Screening
• 30 m Riparian Assessment

Area (RAA) applicable in all

• ptions

Thetis Island Local Trust Committee

How it’s Implemented by the LTC:

• Option recommended by planning staff
• Must designate DPA = 30 m either side of creek =

Riparian Assessment Area (RAA)

• Must amend Thetis Island OCP and LUB to implement a

DPA (Designate DPA – OCP; develop DPA guidelines – LUB)

• LTC should consider implementing the DPA over all of

Thetis Island, protecting all watercourses, not just Ralston Creek and not just potential fish habitat

Development Permit Area (DPA)

Thetis Island Local Trust Committee

What it means for title holders:

• A Development Permit application and fee is required for

development once a DPA has been established by bylaw

• QEP required to conduct a RAR Assessment Report
• RAR Report establishes setback (SPEA), & outlines

measures to be taken during construction

• If proposed development is consistent with DPA

guidelines, a Development Permit must be issued

• A Notice will be registered on title, binding the title

holder to the DP (and RAR Report).

Development Permit Area (DPA)

Thetis Island Local Trust Committee

Conservation Covenant

How it’s implemented by the LTC:

• Unusual tool for this purpose; Ralston Creek is a

potential candidate

• Covenanted area must = 30 m either side of creek =

Riparian Assessment Area (RAA)

• Draft covenant based on all proposed future

development within RAA

• Covenant reviewed by legal counsel, planning staff,

approved by LTC

• Covenants are voluntary agreements between affected

parties – the LTC and title holders

Thetis Island Local Trust Committee

Conservation Covenant

What it means for title holders:

• Must hire a QEP to conduct a RAR Assessment Report
• requires the a comprehensive development proposal,

must include all future development

• Report establishes setbacks (SPEA), & outlines measures

that must be taken during construction for the area

• utside of SPEA
• Final covenant (Report attached) would be registered on

title(s), binding the title holders to the conditions of the covenant.

• One time requirement for QEP Assessment report; no

need to apply to Islands Trust for each separate development

Thetis Island Local Trust Committee

Setback and Screening

How it’s implemented by the LTC:

• Setback provisions established for all buildings and

structures from watercourses = 30 m either side of creek = Riparian Assessment Area (RAA)

• Additional provisions established that retain existing

vegetation within RAA

• Must amend the Thetis Island LUB to implement

Thetis Island Local Trust Committee

Setback and Screening

What it means for title holders:

• Development Variance Permit application and fee is

required for any new development within the RAA

• Must hire a QEP to conduct a RAR Assessment Report
• Report establishes a setback (SPEA), & outlines

measures that must be taken during construction for the area outside of SPEA

• Approval of DVP is at LTC’s discretion.(Report attached).

Approved DVPs (Report attached) would be registered via notice on title, binding the title holder to the conditions of the DVP.

Thetis Island Local Trust Committee

Staff Recommendations

THAT the Thetis Island Local Trust Committee endorse implementation of the Riparian Areas Regulation (RAR) through the establishment of a Development Permit Area applicable to Ralston Creek on Thetis Island. THAT the Thetis Island Local Trust Committee request staff to report back to the Local Trust Committee with a draft revised project charter which outlines the process to establish a Development Permit Area

• n Thetis Island [and discusses the option to include non-RAR

applicable watercourses in the Development Permit Area in order to establish a level of protection that exceeds the RAR]. Alternative: THAT the Thetis Island Local Trust Committee request staff to report back to the Local Trust Committee with a draft revised project charter which outlines the process to implement RAR on Thetis Island through [a covenant OR setback and screening regulations].