1.14 APPENDIX 1 - RIPARIAN AREAS REGULATION …

1 Schedule 1 - Development Permit AREAS RIPARIAN AREAS 207 T:\DES\PLAN & DEV\KAMPLAN\KAMPLAN Combined Dec April 11, 2014 APPENDIX 1 - RIPARIAN AREAS REGULATION DEVELOPMENT PERMIT area Application: Category (a) Protection of the natural environment, its ecosystems, and biological diversity. A Development Permit shall be required for all activity defined as development under the RIPARIAN AREAS REGULATION (RAR) that is located within 30 m of the high watermark or top of a stream s ravine bank. The RIPARIAN AREAS REGULATION and all associated documentation, including the Implementation Guidebook should be referenced for greater detail. Development is defined as follows: a) removal, alteration, disruption, or destruction of vegetation; b) disturbance of soils; c) construction or erection of buildings and structures; d) creation of non-structural impervious or semi-pervious surfaces; e) flood protection works; f) construction of roads, trails, docks, wharves, and bridges; g) provision and maintenance of sewer and water services; h) development of drainage systems; i) development of utility corridors; and j) subdivision as defined in Section 872 of the Local Government Act.

2 area : This Development Permit area applies to all privately owned land abutting the North and South Thompson Rivers, Kamloops Lake, all their tributaries, and all waterbodies containing fish habitat within the City of Kamloops. The RAR Development Permit area map identifies most watercourses and water bodies subject to this development permit area . However, the map is not inclusive of all watercourses or water bodies within City limits. Should a stream or other watercourse not identified on the map be identified, it is the responsibility of the proponent to contact the City of Kamloops to determine whether or not this RAR Development Permit area applies. Guidelines: Prior to undertaking any of the activities defined as development within the RIPARIAN AREAS REGULATION Development Permit area , an owner of property or appropriate delegate shall apply to the City of Kamloops for a Development Permit, and the application shall meet the following guidelines: a) A Qualified Environmental Professional (QEP) will be retained at the expense of the applicant, for the purpose of preparing a report on the RIPARIAN area pursuant to the RAR Assessment Methodology Guidebook.

3 The report will be submitted to the Ministry of Environment, Fisheries and Oceans Canada, and the City of Kamloops. Schedule 1 - Development Permit AREAS RIPARIAN AREAS 208 T:\DES\PLAN & DEV\KAMPLAN\KAMPLAN Combined Dec April 11, 2014 b) Where the QEP report proposes a Harmful Alteration, Disruption, or Destruction (HADD) to fish habitat pursuant to the Canada Fisheries Act and/or other applicable federal regulations , the Development Permit shall not be issued unless the HADD is subsequently approved by Fisheries and Oceans Canada (FOC). In order to apply for a HADD, the City must express support in principle for the HADD and identify the context as identified by the QEP report. c) Where the QEP report describes an area designated as Streamside Protection and Enhancement area (SPEA), the Development Permit will not allow any development activities to take place therein, and the owner will be required to provide a plan for protecting the SPEA over the long term through measures to be implemented as a condition of the Development Permit, such as: A dedication back to the Crown, Province, or the City of Kamloops; Gifting to a nature protection organization such as a conservation authority; and The registration of a restrictive covenant over the SPEA securing it as a RIPARIAN buffer to remain free of development.

4 D) Where the QEP report describes an area as suitable for development with mitigating measures, the Development Permit shall allow the development in strict compliance with the measures described in the report. Monitoring and regular reporting by professionals retained by the applicant may be required, as specified in the Development Permit. e) Variances to the Zoning By-law may be granted in compliance with the QEP report. f) If the nature of a proposed project in a RIPARIAN assessment area changes, the QEP will be required to re-assess the proposal with respect to the SPEA. Exemptions: Applications for the following shall be exempt from requiring a Development Permit: a) Renovations, repairs, and maintenance to existing buildings and structures that are determined to be legally non-conforming under Section 911 of the Local Government Act; b) Reconstruction of a building or structure damaged beyond 75 per cent of its value, as described by Section 911(8) of the Local Government Act, provided it remains on its original foundation; c) Farming activities; d) Minor interior and exterior renovations to existing buildings, excluding any additions or increases in building volume; e) Developments that have been approved but not yet constructed are honoured provided the approval has not changed; f) Mining activities, hydroelectric facilities, and forest management, including the logging of land.

5 And g) Institutional developments. Schedule 1 - Development Permit AREAS RIPARIAN AREAS 209 T:\DES\PLAN & DEV\KAMPLAN\KAMPLAN Combined Dec April 11, 2014 Existing permanent structures, roads, or other development within the RIPARIAN area are considered legal and conforming. Consequently, landowners are entitled to continue using their land in the same manner as they have historically, even if a SPEA is designated on it. CONCURRENT DEVELOPMENT PERMIT AREAS Approval under the RIPARIAN AREAS REGULATION Development Permit area does not constitute approval under other development permit AREAS , which may apply to the same land.