Dike Work Permitting Process

Year
2022
Number
EB39
Sponsor(s)
Salmo
New Denver

Whereas in order to realistically facilitate the repair and maintenance of dikes during the annual fish window, many local governments and communities find the lack of provincial funding and the current dike work Permitting Process onerous, lengthy and conflicting; And whereas the Ministry of Forests, Lands, Natural Resource Operations and Rural Development Diking Authority, and the federal Department of Fisheries and Oceans often have contradictory requirements in the dike work Permitting Process: Therefore be it resolved that UBCM encourage the Ministry of Forests, Lands, Natural Resource Operations and Rural Development Diking Authority, and the federal Department of Fisheries and Oceans to work collaboratively together to streamline the Permitting Process and work together to create a standard, shared step-by-step checklist for the process, along with guidelines for handling conflicting requirements; And be it further resolved that the Province accept responsibility for funding dike maintenance in order to bring BC dikes up to regulatory requirements and proactively forestall catastrophic dike failures during weather events and spring freshet; And be it further resolved that the Province take on flood mitigation projects more generally, including upstream risks outside of municipal jurisdiction.

Provincial Response

Ministry of Forests The Province remains interested in supporting local governments by improving the timeliness of provincial authorizations under multiple pieces of legislation. Water Sustainability Act WSA authorizations have received significant attention with increased staffing for high application volume regions as well as prioritizing decisions that relate to health, safety, and public infrastructure. Influxes of provincial and federal flood infrastructure funding, such as in 202021, increased pressures the various staff responsible for authorizations under the Land Act, Wildlife Act, Dike Maintenance Act DMA and the WSA to support related applications and decisions. Authorizations to support dike maintenance or improvement works often require independent decisions under both federal and provincial legislation. While permit requirements are typically complementary to one another, in some cases, statutory decision-makers may have differences in the exercise of their independent authorities. Ministry of Forests staff work with the Department of Fisheries and Oceans staff in the review process to the extent possible, while maintaining the integrity of the review process in alignment with the regulatory decision requirements. The proponents professionals should work with the federal and provincial regulators to address any possible differences to the extent possible as part of the application process. Applications under the WSA and now the DMA new as of October 17, 2022 are submitted through FrontCounter BC which adds more formality to the application content requirements and acceptance process. The Ministry of Land, Water and Resource Stewardship is also leading a Permitting Solutions initiative to advance cross sector improvements to the adjudication of complex permitting issues. As always, the reliance on qualified natural resource professionals to provide complete submissions is a critical element that will help applicants obtain timely decisions. The Province is working across government to address flood risk. The lead for repairs and maintenance of most dikes rests with local diking authorities, stemming back to when those dikes were constructed. However, the provincial government has been working closely with First Nations, local authorities and other government partners to address flood risks and upgrade dikes. This includes an investment of 123 million for over 300 flood risk reduction projects in the last five years through programs such as the Community Emergency Preparedness Fund CEPF, Adaptation, Resilience and Disaster Mitigation Program ARDM and National Disaster Mitigation Program NDMP. The Province appreciates the differences across local diking authorities to fund dike maintenance work. The Ministry of Municipal Affairs supports governance-oriented discussions where there are ongoing challenges. Engagement during the fall of 2022 on the BC Flood Strategy explored a potential new flood-risk reduction paradigm, including working with local governments and other partners to address concerns and barriers in dike management. Local governments provided input into the BC Flood Strategy Intentions Paper through in-person and virtual engagement sessions, a survey, and written submissions. The Province recognizes it has an important role in both leading and supporting flood risk reduction. Decisions on floodplains and holistic local approaches to flood risk reduction are stronger when made in the context of relationships, values and buy-in from the community-level, along with support and guidelines from the Province. The Province is currently leading a project to update floodplain mapping in high risk areas that will assist local governments and First Nation communities in better understanding flood hazards. Where upstream risks to public safety are identified, the Province remains open to discussing measures that may be appropriate as part of risk reduction. The Province will continue to work collaboratively with local governments, First Nations and other partners to explore and implement a broad range of flood risk reduction options. A combination of flood protection alongside flood accommodation, risk avoidance and community-led retreat will lead to higher levels of resilience.

Convention Decision
Endorsed