DISTRICT OF COLDSTREAM Riparian Areas Regulation and ...

1 DISTRICT OF COLDSTREAM Riparian Areas Regulation and watercourse development area Permits The DISTRICT of COLDSTREAM is fortunate to have an abundance of natural resources including a productive sport fishery. This important ecosystem consists of Kalamalka Lake, COLDSTREAM and Vernon Creeks, and numerous other small streams and tributaries. Although not every stream contains fish, these streams as well as the adjoining upland contribute to the overall health of the fish population. To help protect our local fish population, the DISTRICT created watercourse protection Areas . If you are thinking of building or doing other work in one of these locations, please be sure to contact the DISTRICT and find out if you need a watercourse development Permit.

2 If you do, the following information will help you understand the process to be followed to obtain a permit. Generally speaking, the Areas where you will need a permit include any land within 30 metres (100 feet) of a watercourse . Glossary of terms How does this legislation affect my property? Reconsideration by Council Fee More Ministry information Provincial and federal contacts Local Qualified Environmental Professionals (QEPs) Glossary of Terms Harmful Alteration, Disruption or Destruction (HADD) HADD is defined in the federal Department of Fisheries and Oceans' fish habitat management policy in increasing order of severity as follows (DFO 2006): a) Disruption Any change to fish habitat occurring for a limited period that reduces its capacity to support one or more life processes of fish.

3 B) Harmful alteration Any change to fish habitat that reduces its long-term capacity to support one or more life processes of fish but does not permanently eliminate the habitat. c) Destruction Any permanent change of fish habitat that renders it completely unsuitable for future production of fish, regardless of the means employed in causing the change ( , by removal, infilling, blockage, etc.). Qualified Environmental Professional (QEP) QEP means an applied scientist or technologist, acting alone or together with another qualified environmental professional, if a) the individual is registered and in good standing in British Columbia with an appropriate professional organization constituted under an Act, acting under that association's code of ethics and subject to disciplinary action by that association, b) the individual's area of expertise is recognized in the assessment methods as one that is acceptable for the purpose of providing all or part of an assessment report in respect of that development proposal, and c) the individual is acting within that individual's area of expertise.

4 Riparian area Regulation and watercourse development area Permits Page 2 Riparian area A Riparian area is the area adjacent to ditches, streams, lakes and wetlands. These Areas support a unique mixture of vegetation, from trees and shrubs to emergent and herbaceous plants. The vegetation in Riparian Areas directly influences watercourses and water bodies and impacts the quality of fish habitat. The functions of a Riparian area are numerous and varied. They include providing sources of large organic debris (fallen trees and tree roots) and Areas for stream channel migration. Vegetation in the Riparian area provides shade cover to help moderate water temperature as well as a source of food, nutrients and organic matter that enters the stream.

5 Plants and their root systems also stabilize the stream bank and buffer streams from excessive silt and surface runoff pollution. Riparian assessment area The Riparian Areas Regulation identifies the area within 30 metres of the high-water mark of a stream, as the Riparian assessment area . For ravines, the Riparian assessment area is measured from the top of the ravine bank and can extend a distance of 10 or 30 metres beyond the top of the ravine depending upon the width of the ravine. Streamside Protection and Enhancement area (SPEA) The SPEA is that portion of the Riparian area that is to be left in a natural state or enhanced to improve its Riparian function. watercourse A watercourse includes any of the following that provide fish habitat: a) a watercourse , whether it usually contains water or not; b) a pond, lake, river, creek, brook or stream; c) a ditch, spring or wetland.

6 How does this legislation affect my property? The BC Fish Protection Act requires that local governments have bylaws that provide for the protection of Riparian Areas from the impact of residential, commercial or industrial development . The Riparian Areas Regulation sets out the process that local governments and property owners are to follow when development occurs within a Riparian assessment area . By ensuring that proposed activities are subject to a science-based assessment conducted by a Qualified Environmental Professional (QEP), valuable Riparian Areas and fish habitat will be preserved. Prior to receiving a development Permit from the municipality, owners are required to hire a QEP to carry out an assessment .

7 The QEP will identify the Streamside Protection and Enhancement area (SPEA) and submit that information to the Ministry of Environment. Once the Ministry receives the report certifying that the proposed works are outside of the SPEA, or that there will be no Harmful Alteration, Disruption or Destruction (HADD), the Ministry will notify the municipality, at which time local approvals can be issued. If there is a requirement to carry out specific works to ensure the protection of the fish habitat, the municipality will require a security deposit equal to 150% of the value of the works. This money will be returned once the work is completed. Reconsideration by Council If a property owner disagrees with the conditions of the staff-issued watercourse development Permit, they can request that the permit be reconsidered by Council.

8 Fee The watercourse development Permit fee is $100. Riparian area Regulation and watercourse development area Permits Page 3 More information on the Riparian Areas Regulation can be found at. Provincial and Federal Contacts Ministry of Forests, Lands and Natural Resource Operations Regional contact: Laura Nield 250-490-8212 Penticton RAR report review: Emmanuel Abecia 250-953-3859 Victoria Fisheries & Oceans Canada Regional Contact: Bruce Runciman 250-851-4849 Kamloops Local Qualified Environmental Professionals (There may be other companies qualified to conduct this work. Please search online or consult your local telephone directory.) EcoMotive Consulting Canada COLDSTREAM 250-260-1800 Ecoscape Biological Consultants Kelowna 250-979-0035 or 250-469-FISH Naito Environmental Vernon 250-558-9842 QEP Consulting Kelowna 250-868-6682 Summit Environmental Consultants Vernon 250-545-3672 Trumbley Environmental Consultants Armstrong 250-546-4069 Western Water Associates Ltd.

9 Vernon 250-541-1030