Whereas works within and adjacent to watercourses are often necessary and prescribed to mitigate risks to life, businesses and properties associated with riparian protection, flooding and debris flows; And whereas the waiting time for necessary Section 11 approvals under the Water Sustainability Act to undertake such improvement works is significant and approaching several years, thus contributing to these risks: Therefore be it resolved that UBCM ask the Ministry of Forests, Land, Natural Resource Operations and Rural Development to allocate greater resources to the processing of these Section 11 approvals under the Water Sustainability Act; And be it further resolved that the Ministry initiate a process in order to provide more rapid and timely approvals in cases of urgent situations.
Ministry of Forests, Lands, Natural Resource Operations and Rural Development FLNRORDs Water Sustainability Act WSA implementation includes a role in outreach with local governments to educate elected officials, administration and staff on the processes for instream works. As explained below, FLNRORD has several processes in place to provide rapid and timely approvals if required. While in some regions of the Province long-term delays have been a problem, resources allocated in late 2019 have resulted in significant completion of delayed application reviews. In South Coast Region, for example, the backlog in file review from 2014-2019 declined by 70 from January to mid-October 2020. When applications are complex, it is typically due to past development decisions by local government that allowed infrastructure or housing to be placed within the flood plain andor in areas subject to erosion. Where an emergency has been declared under the Emergency Program Act involving flooding, municipalities and regional districts Local Government have the right to undertake immediate emergency works without prior approval of the Province as per Section 39 1 o p of the BC Water Sustainability Regulation. Local government simply must notify the Provincial Habitat Officer within 72 hours of undertaking the works. For non-emergency works when imminent threat is not present, local government may have the ability to undertake instream works as an authorized change, as per Section 391 a, b. h, k, l, q, r of the Water Sustainability Regulation. These authorized changes can often be undertaken in 45 days or less, depending on the response of the Provincial Habitat Officer. This regulation essentially allows for the fast-tracking of certain projects. Instream works that do not fit within the constraints of the clauses referenced above in Section 391 of the Water Sustainability Regulation are subject to a WSA Section 11 Change Approval, and FLNRORD targets making a decision within 140 days from receipt of a complete application, which includes an appropriately engineered design and valid environmental management plan. FLNRORD staff work with local government to prioritize change approval requests related to repair of flood damage or when additional damage may result if the repair is not authorized quickly. Similarly, FLNRORD staff are sympathetic to projects with a deadline for spending of grant funding. Local government are always encouraged to call local FLNRORD Authorizations staff and discuss prioritization of projects and encourage early engagement. Often, other statutes must be met such as the Federal Fisheries Act, or the Provincial Heritage Conservation Act. It is the responsibility of Local Government to be aware of and meet Federal or other Provincial statutes. Change Approval applications require First Nations consultation, and this can be more easily undertaken if local governments involve their First Nations neighbors early in their plans around water, prior to submitting the application. Private citizens or stratas, while not afforded as much leeway as local governments when it comes to using the fast-track authorized change procedures, can still install, maintain or remove a culvert; construct, maintain or remove a clear span bridge; repair or maintain existing dikes or erosion protection; or remove a beaver dam Section 391, a, b, k, u, respectively with 45 days notice, subject to the conditions in the Regulation. FLNRORD does also attempt to triage and prioritize emergency works by private citizens if risk to homes is imminent. This can be achieved almost immediately by issuing an Engineers Order, if required. However, FLNRORD also acknowledges that stream channel migration and erosion are natural occurrences and does not encourage human constraint of the stream channel for unnecessary reasons. Where life, property, or infrastructure is not threatened, it is often necessary to allow the stream to move naturally and allow the loss of some pasture or lawn for the greater ecological health of the stream. In some instances, risk experienced by those living in the flood plain is directly a result of a prior unauthorized act by themselves. These situations may require investigation by Compliance and Enforcement staff and thus do not always lend themselves to emergency repairs. For example, a developer may divert a stream unlawfully and trigger a landslide on their own lands. Because they developed over the former stream channel, there may not be a clear path forward without harming innocent neighbors. These situations are unfortunate but are all too common and are dealt with on a case by case basis.