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

Thetis Island Local Trust Committee Summary of Work Up to Date • Covenant is preferred by Trax; LTC provides • BC MOE identified Ralston watershed as funds to conduct a RAR Assessment to establish potentially RAR-applicable. a SPEA and then register covenant. Summer Fall 2013 2010 • Full RAR Assessment was not completed; Trax maintains the stream is not RAR applicable • IT hires Mimulus Biological Consultants to undertake a RAR assessment; Ralston Creek is • DPA discussed but not supported by Trax; Spring- Fall confirmed as a stream under RAR. 2014 • Discussion about covenant continues Spring 2011 • Staff recommends DPA; Trax does not support; LTC doesn’t implement. • Confirmation that a formal RAR Assessment Report is required for a covenant. Spring • Trax hires Aquaparian Cons., conducts fish • Discussion about anticipated future 2015 – presence/absence study; finds “watercourse development and contents of covenant. Spring 2016 does not support fish & therefore not December protected under RAR”. 2011 • Community members request LTC to deem Ralston Creek non-RAR applicable. • Ministry confirms that the approach taken to implement • Legal opinion(Mayne Isl.) in Sept. staff report - Summer 2016 RAR is consistent with the regulations . – Spring 2017 the presence or absence of fish alone is not relevant to implementing RAR. Summer- • LTC considers Development Permit Area. Winter 2012 • Community Information Meeting; FLNRORD attends • LTC resolution for QEP 3rd party assessment of Ralston Cr. Summer • QEP confirms fish presence and that Ralston Creek is RAR 2017-Winter applicable 2018/2019

Thetis Island Local Trust Committee

Thetis Island Local Trust Committee RAR Background • Professional Reliance model – setbacks determined by Qualified Environmental Professionals (QEPs) using a standard methodology Source: MFLNRO, 2017

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 options

Thetis Island Local Trust Committee Development Permit Area (DPA) 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

Thetis Island Local Trust Committee Development Permit Area (DPA) 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 ).

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 outside 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 on 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].