Riparian Area Regulations

Each community has its own unique policies and regulations that shape the health and beauty of its physical landscape. This is especially true in Highlands.

If you plan to undertake earthworks or construction within 30 meters (approximately 100 feet) of any watercourse or water body, regardless of its size, you must review the District’s and the Province’s regulations to understand how they may impact your development plans.

There are generally four types of applications, all of which require you to hire a Qualified Environmental Professional, such as a Registered Professional Biologist or another suitably qualified individual. 

  1. Perform earthworks and/or tree removal within 30m of water and riparian areas. You will need to follow the Provincial Riparian Areas Protection Regulation process and the District of Highlands’ Development Permit Area process for Area #2 Water and Riparian Areas. If this process includes soil deposit or removal, the application will have to be considered by Council. If it does not, it can be considered by staff. You will also need to fill out the Guideline Check Sheet for Development Permit Area #6 Energy and Water Conservation and Reduction of Greenhouses Gases as part of the application submission. 
  2. Install a structure (without any earthworks or tree removal) within 30m of water and riparian areas. You will need to follow the Provincial Riparian Areas Protection Regulation process and the District of Highlands’ Development Variance Permit process. In this case, you would be requesting to vary section 3.3 of the Zoning Bylaw. The Development Variance Permit process is considered by Council and typically takes 2 Council meetings.  
  3. Install a structure AND perform earthworks and/or tree removal within 30m of water and riparian areas. This is the most common type of application. You will need to follow the Provincial Riparian Areas Protection Regulation process, and the District of Highlands’ Development Permit Area for Area #2 Water and Riparian Areas and Development Variance Permit processes. If appropriate, staff will combine these into one process called a, “Development Permit with Variance.” This process is considered by Council and typically takes 2 Council meetings. You will also need to fill out the Guideline Check Sheet for Development Permit Area #6 Energy and Water Conservation and Reduction of Greenhouses Gases as part of the application submission.
  4. In all these cases, once a Qualified Environmental Professional has initially looked at your site, you may learn that the water area is isolated from fish-bearing waters. If this is the case, you will still need to follow the District’s Development Permit Area and/or Development Variance Permit application processes. Your application may be exempted from the Provincial Riparian Areas Protected Regulation. While you would not be required to conduct an assessment that follows the Province’s regulations, you will still need a riparian areas assessment from the Qualified Environmental Professional that also explains that the water area on your site is isolated from fish-bearing waters. 

For more information, contact the Planning Department at LBeckett@highlands.ca or 250-474-1773. 

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