WHEREAS the Union of BC Municipalities is supportive of and vitally interested in harmonizing streamside protection measures; AND WHEREAS the provincial government is drafting the Riparian Areas Regulation for enactment in late 2004 or early 2005, and has been proceeding without extensive nor open consultation with local governments; AND WHEREAS the UBCM membership resolved, in the 2002 Environment Action Plan, that any new riparian assessment regulation should: - Provide liability protection for local government when making land use decisions based on a report by a Qualified Environment Professional on fish habitat; - Ensure that no new responsibilities are downloaded on local government and that all training costs and management costs required to implement the new Regulation are paid for by either the federal or provincial government; - Ensure the process is timely and cost effective, from the community perspective; -Ensure an integrated approach is implemented to avoid conflicts between different levels of government; - Ensure that a balance is maintained between development and protection of the environment; AND WHEREAS the proposed Regulation will not include institutional land uses, including federal and provincially administered lands, promoting a fragmentation of riparian protection, which may compromise the effectiveness of the Regulation: THEREFORE BE IT RESOLVED that the UBCM membership not endorse a tripartite agreement for implementing a Riparian Areas Regulation unless the following measures have been satisfied: - A comprehensive legal and logistical review of the Regulation by an objective party to identify, assess and address the implications of the Regulation to local governments; - Full liability protection for local governments; - Assurance of open involvement of local governments in the development of the compliance, enforcement and implementation strategies; and - Assurance of open involvement of local governments in development of the guidebook for implementation of the Regulation; AND BE IT FURTHER RESOLVED that the Riparian Areas Regulation be extended to apply to institutional uses, including federal and provincial Crown lands and lands under treaty negotiations.
MINISTRY OF WATER, LAND AND AIR PROTECTION Protecting riparian fish habitat, while facilitating urban development that exhibits high standards of environmental stewardship, is a priority for the Government of British Columbia. We are encouraging an environmentally responsible approach to development by streamlining the process and making it simpler to meet the federal governments requirements. Local governments and developers will have more say in the decisions that affect their communities, and our science-based framework will enable them to make those decisions without risking and damage to fish habitat. The previous approach used a one-size-fits-all approach. Under the new regulation, development projects are assessed on a case-by-case basis. Under the new rules, if local government believes that development is appropriate in these areas, developers may either adopt a predetermined set back, or they may have a scientific assessment completed by a qualified environmental professional to determine the setback necessary to provide the necessary protection. Riparian areas protection is a shared responsibility. This regulation has been developed with the DFO and local governments. They will also be important partners in implementation. The Department of Fisheries and Oceans is the government body responsible for authorizing impacts to fish habitat. We have received strong commitments of support from DFO regarding the proposed model; the Minister invites local governments to ask DFO directly for their views.