Help Protect our Waters and Sensitive Areas

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CALL TO ACTION: Support the Sunshine Coast Regional District Riparian Area and Shoreline Protection Bylaws Amendments. Submit comments to publichearings@scrd.ca by July 16 at 12 PM (noon). Please also attend the Public Hearing on Tuesday, July 16, at 7PM. Either in person at the SCRD Offices on Field Road or virtually by Zoom.

Read our written submission to the Public Hearing here.

*This blog post has been updated to help clarify public misconceptions, in response to questions asked and topics raised at the public hearing. 

SCRD Riparian Area and Ocean Shoreline Protection Bylaw 377 & 722 Amendments 

The Sunshine Coast Regional District (SCRD) has more shoreline and creeks than many local government regions in BC. The beauty, diversity and proximity to nature these areas provide, are a big part of why many people choose to live on the Coast, visit the region and maintain vacation homes here.

These areas are very important for the long term sustainability of our communities, species and ecosystems and local governments play a key part in ensuring their protection. 

The transitional ecosystems between land and marine waters (shorelines) and freshwater (riparian areas) are unique and sensitive. They play an important role in preserving and maintaining healthy, functional ecosystems and natural assets.

When sensitive ecosystems are eroded, downstream communities pay the price.

In order to ensure the people and species of the SCRD have clean water, safe and habitable ecosystems to thrive in, sensitive areas must be protected. 

Bylaws and development permit areas (DPAs) are the primary tools local governments have to protect fragile ecosystems and natural assets from impacts of land use occurring both inside and outside their boundaries. Accordingly, the Sunshine Coast Regional District SCRD is working on updates to its bylaws, to strengthen their ability to protect ecosystems, natural and engineered infrastructure. 

This in turn protects taxpayers against rising costs and liability because dealing with impacts on ecosystems and infrastructure after its harmed, is extremely challenging and expensive. As well, clear and streamlined regulations like this provide predictability for property owners, buyers, sellers, and developers.  

The SCRD Riparian Area and Shoreline Protection Bylaw Amendment bylaw is a straightforward, and long overdue update and the SCCA is very supportive of it. Please support the bylaw update and the fragile ecosystems we rely on.

SCRD Presentation on the bylaw update

What are we supporting?

In simple terms, the Riparian Areas and Shoreline Protection bylaw update includes three key improvements to two SCRD Bylaws (377-Pender Harbour and 722 – SCRD). These updates are needed in order to clarify and strengthen environmental protection areas, and ensure the SCRD’s policies align with each other, and provincial regulations. They key changes are: 

  • Setbacks: Property setback requirements will be amended to meet Provincial Regulations and Best Practices to protect Riparian Areas and shorelines.
  • Buffer Zones: Five metre buffer zones will be added to Riparian Areas to prevent development activities from spilling over into the protected zone and harming the sensitive areas (gardens would still be allowed within the buffer.)
  • Lot Area: NEW lots created through subdivision will need to meet minimum lot size requirements which exclude riparian and buffer areas. This will ensure that all newly created lots are actually developable, protect private property and public assets from flooding and erosion, and maintain healthy watercourses.

NOTE: Changes to the bylaws apply only to NEW development. Existing development is not affected. If a property owner experiences a loss e.g. by fire or flooding less 75% of the structure is lost, the structure may be rebuilt on its existing footprint. If a loss is more than 75%

Why is it important to engage in this public hearing?  

We have all felt the impacts of the loss of natural areas one way or another. Whether caused by heat, lack of shade, drought, water restrictions, flooding, culvert blowouts, road wash outs, slides, declining salmon and shellfish, dead trees, downed trees, power outages, shoreline erosion… the impacts of degraded ecosystems are far reaching. And they are only getting worse with climate change. We can no longer agree to a “business as usual” attitude of land management that has led to these problems. It’s time to stop making excuses, and do better. Now. 

The SCRD has done a lot of work in the last few years, engaging in a wide range of planning initiatives and policy updates, to tackle these big challenges. This specific bylaw update has been in process for over a year, and has been the focus of numerous SCRD committee and board meetings, rural area Advisory Planning Commissions (APC) meetings; the “Lets Talk” webpage on the SCRD website, and a recent public information session held on July 4th. 

If this bylaw amendment is passed, the upcoming Official Community Plan review will start with clear guidance on what areas must be protected, and what areas are most appropriate for development of needed housing for our community.

Opposition

A coalition of Pender Harbour waterfront property owners formed last fall in opposition to the shishalh-BC Dock Management Plan. The group has since dedicated hundreds of thousands of dollars and countless hours into undoing decades of work by the shishalh Nation and BC government to protect marine and freshwater values in the region. They created a website and mailing list, sent coast wide mail outs, created social media accounts, videos and ads, which they use to spread fear based misinformation and divisive rhetoric to enlist property owners to oppose environmental protection measures.

This group has now turned its attention to the SCRD, calling on a mailing list of thousands of people across BC, to oppose our local government’s bylaws update.

If this bylaw update is derailed, years of important work to protect the environment could be at risk and community planning processes could be stalled. Thus, it is more important than ever for RESIDENTS of the Sunshine Coast who TRULY care about the environment and the impacts of land development on our communities,  to let our elected representatives know that we support protection of water courses and sensitive ecosystems through this critical bylaw update.

Table: Existing / Proposed Riparian and Shoreline Setback Regulations   

Applies  To Existing SCRD Area A Bylaw 377 Existing SCRD All Other Areas Bylaw 722 Existing BC Gov’t

 

 Proposed SCRD  What

Changes
Marine Foreshore Setbacks

New/total rebuilds only

 7.5m bylaw 15m bylaw 15m BMP 15m bylaw Area A only 

Add 7.5 m setback 
Wetlands & Streams Setbacks

New/total rebuilds only

 Between 10m-30m depends on size/type  Between 17-32m depends on size/type  30m regulation

Land alterations require RAPR Assessment.

 35m bylaw

 

 All areas

Add 5m buffer 
Freshwater Lakes Setbacks

New/total rebuilds only

 20m-30m

depends on location

 17-30m

depends on location

 30m regulation

Land alterations require RAPR Assessment.

 35m bylaw

 

 All Areas

Add 5 m buffer 

What is a Riparian Area?

A riparian area is a transitional zone between land and freshwater ecosystems, characterized by unique ecological, hydrologic (water), and soil conditions. 

They are dynamic and ecologically significant zones that serve as interfaces between terrestrial and aquatic ecosystems. Their unique characteristics make them essential for biodiversity, water resource management, and overall ecosystem health. Proper delineation, monitoring, and management of riparian areas are crucial for sustaining their ecological functions and the services they provide.

Riparian areas are typically adjacent to surface freshwater bodies such as streams, rivers, and lakes, and are influenced by surface and subsurface water. These are vital areas of interaction between land and waters, playing essential roles in water and land use planning, restoration of aquatic systems, and fostering cooperation for conservation efforts. 

Riparian zones are recognized for their importance in providing water resources, supporting biodiversity, and influencing species distribution and interactions in terrestrial food webs. They are also crucial for maintaining ecosystem services, especially in mixed-use landscapes where they may compete with other land uses like resource extraction, agriculture and development. The delineation and management of riparian areas is essential for ensuring the provision of these ecosystem services.

Definitions

  • Riparian Areas Protection Regulation (RAPR): Enacted as Fish Protection Act in 2004. Renamed Riparian Areas Protection Act (2016). Updated in 2019. RAPR calls on local governments to protect riparian areas during development. The purpose of the regulation is to protect features, functions and conditions vital for maintaining stream health and productivity.
  • SPEA: Stream Protection and Enhancement Areas (SPEAs) are undevelopable areas where no land alteration (building, tree cutting, vegetation removal, hardscaping, etc.) is permitted.  The SPEA is a result of a Riparian Area Protection Regulation (RAPR) Assessment, completed by a Qualified Environmental Professional (QEP), and can range in size depending on aspects such as size, environmental value and proposed uses, as determined by the QEP. 
  • Buffer:  Given that existing and future trees within the SPEA have roots and branches that extend into the developable portion of a property, the proposed bylaw amendment would require all buildings, structures, and hardscaping to be situated a minimum of 5 m away from the SPEA boundary to ensure that there is adequate space for protecting natural assets and ensuring that land alteration activity does not intrude on the SPEA.
  •  Natural boundary: the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself.
SCRD reference materials which informed the proposed amendments on its website.

General material

Ocean Setback increase to Bylaw 337

Freshwater setback increases to Bylaw 337

Subdivision Calculation (Both bylaws 722 and 337)

SPEA Buffer (Both bylaws 722 and 337)

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