Environmental Development Permits

If you are proposing any development including the following work on a property within 15 m of the top of a watercourse bank, you will need an Environmental Development Permit: 

• construction of any structure or building
• construction of impervious or semi-pervious surfaces (e.g., gravel, asphalt, decks, hardscaping)
• landscaping causing the disruption of soils or removal, alteration, disruption or destruction of vegetation
• hazard tree work (Note: for hazard tree work only, please refer to the Tree Cutting Permit: Watercourse Protection Area web page for permit requirements).

You may not need an Environmental Development Permit if your work only includes:

• interior renovations
• emergency works, including tree cutting, necessary to remove an immediate danger or hazard
• construction more than 15 metres from the top of bank of a watercourse
• maintenance of the existing landscape conditions if the area is not extended and the type of disturbance is not changed (e.g., routine yard work); or
• the implementation of a fish habitat mitigation or restoration plan authorized by senior government or agency having jurisdiction.

Your application for an Environmental Development Permit should include the following:

• Completed Natural Environment and Hazard Development Permit Application Form
• If applicable:
  • Site Survey drawn to scale and prepared by a BC Land Surveyor showing the watercourse, top of bank, 5 m setback from top of bank, and 15 m setback from top of bank, as well as site features.
  • an Environmental Assessment prepared by a Qualified Environmental Professional (i.e., Registered Professional Biologist), which describes the proposed development within 15 m of the top of bank of a watercourse, and how the development complies with the District’s OCP Guidelines NE13
  • Riparian Planting Plan showing proposed landscaping within 15 m of top of watercourse bank including native riparian plants
  • Arborist Report applicable for tree work, prepared by an ISA Certified Arborist inventorying the “Protected” trees on the property and meeting the criteria set out in the District’s Tree Bylaw Section 8.2
  • Erosion and Sediment Control Plan

Applicants must submit all necessary documentation as outlined above.

Plans and documents must be in PDF format and submitted to:

Environmental Protection Officer
Email

All fees can be paid online. Directions for online payment will be provided to the applicant following application submission.

Environmental Development Permits can typically be processed in four to six weeks, however, process time varies depending on whether or not there are any other Development Permits required (e.g., wildfire or foreshore protection), the completeness and accuracy of the reports, information received, and the overall complexity of the project (note: if variances to the Zoning Bylaw are requested, processing times will be longer).

1. Why is watercourse protection needed?

To ensure that development does not negatively impact watercourse or wetland environments or, where such impacts are unavoidable due to the existing configuration of parcels of land in relation to watercourses or wetlands, to ensure that development does not result in a net loss of productive fish habitat.

2. What is a watercourse?

Watercourse means a creek, pond, lake, river, stream, or brook, whether usually containing water or not and any spring or wetland that is integral to a watercourse.

3. What is a non-permanent watercourse?

Non-permanent watercourse means a watercourse that typically contains surface waters or flows for periods less than six months in duration.

4. What is a permanent watercourse?

Permanent watercourse means a watercourse that typically contains continuous surface waters or flows for a period more than six months in duration.

5. How can I view watercourses within the District?

You can view watercourses within the District under the Utilities Storm layer in Westmap. Please note that the watercourse mapping is not exhaustive and there may still be unmapped watercourses within the District.

6. How can I determine if a watercourse is considered non-permanent?

To determine if a watercourse is non-permanent you will need to retain a Qualified Environmental Professional to complete a watercourse assessment which includes gathering hydrologic monitoring data over a period of one year.

7. What is the Watercourse Protection Area?

Non- Permanent Watercourse
Watercourse Protection Area means the land within 5 metres of the Top of a Watercourse Bank.

Permanent Watercourse
Watercourse Protection Area means the land within 15 metres of the Top of a Watercourse Bank.

8. How do I know where the Top of a Watercourse Bank is?

Top of a Watercourse Bank means the first significant break in the slope where it is flatter than 3:1 at any point for a minimum distance of 15 metres measured perpendicularly from the break. 

For an EDP application the District requires submission of a legal topographical survey showing the top of watercourse bank, determined by a Qualified Environmental Professional (QEP) and/or British Columbia Land Surveyor (BCLS).

9. How do I know where the Watercourse Protection Area is?

After your Qualified Environmental Professional (QEP) or Land Surveyor determines the location of the Top of Watercourse Bank (ToB), both the ToB and the Watercourse Protection Area (Non-permanent watercourse is 5 metres from ToB and permanent watercourse is 15 metres from ToB) are transferred to a legal topographical survey. To determine the setback distance when it is 5 metres or 15 metres from ToB (Watercourse Protection Area) a line must be measured from the surveyed ToB outward and away from the creek. The Watercourse Protection Area is parallel to ToB.

10. What is a Qualified Environmental Professional (QEP)?

Qualified Environmental Professional (QEP) is a professional with appropriate education, training, and experience. They are fully insured, a registered professional biologist with training in riparian area assessments and in good standing with the relevant professional association and means for the purpose of the watercourse assessment (Development Permit Area Designation NE 13 Watercourse Protection and Enhancement Areas in Existing Neighbourhoods).

11. When would I need an Environmental Development Permit (EDP)?

You will need an Environmental Development Permit (EDP) if you are proposing development within a Watercourse Protection Area such as:  

• construction of a building or structure(s) 
• removing, topping, or limbing a tree
• removing, altering, disrupting, and disturbing vegetation 
• installing non-structural impervious or semi-impervious surfaces (paver stones, gravel, decking material) 
• disturbing soils 
• building roads, trails, docks, wharves and bridges 
• constructing drainage systems or utility corridors

12. Would an Environmental Development Permit (EDP) be required for installation of porous surface materials such as but not limited to artificial turf/grass, permeable pavers, and permeable pavement?

Yes, if the proposed porous surface material is located within a Watercourse Protection Area. Given that porous surface materials do not support vegetation, staff consider this an impact and a loss of riparian habitat.

13. Can I cut a tree within the Watercourse Protection Area?

Hazard Trees are permitted to be cut if an Environmental Development Permit is obtained. Hazard tree is defined as:

• a tree assessed to be in a condition (e.g., dead, dying, unstable, root damage or diseased) dangerous to people or property, by a certified Tree Risk Assessor adhering to the “Tree Risk Assessment in Urban Areas and the Urban/Rural Interface Manual” or an industry-recognized equivalent acceptable to the District
• a hazard tree is considered any tree that is hazardous to people or facilities because of location, lean, physical damage, overhead hazard, deterioration of limbs, stems or root systems, or combination of these

Permitted tree cutting under an Environmental Developmental Permit is considered the following:

• removal of a hazardous tree from the land in which it is growing on
• limbing/topping of the hazardous portion of the tree where safe, is preferred option rather than full removal of a tree

14. When do I require a Tree Environmental Development Permit?

Tree cutting of a tree greater than 10 cm diameter breast height located within the Watercourse Protection Area of the following watercourses:

Non-permanent watercourse
Trees located within 5 metres of the top of watercourse bank.

Permanent watercourse
Trees located within 15 metres of the Top of Watercourse Bank and wetland.

15. What are some common exemptions (where no EDP is required)?

Development may be exempt from the requirement for an Environmental Development Permit if the proposal is for:

• interior renovations
• construction and maintenance activities carried out outside of 5 metres from top of watercourse bank for a non-permanent watercourse and 15 metres of top of watercourse bank or edge of wetland for a permanent watercourse
• emergency works, including tree cutting, necessary to remove an immediate danger or hazard
• maintenance of the existing landscape conditions
• the implementation of a fish habitat mitigation or restoration plan authorized by the senior government ministry or agency having jurisdiction

16. I have existing permitted buildings and structures within the Watercourse Protection Area. Am I required to do anything?

The Watercourse Protection guidelines recognizes that on several properties in the District, existing buildings and structures, yards, and semi-impervious and impervious surfaces already encroach into the Watercourse Protection Area. Any existing, lawfully constructed buildings and structures, existing semi-impervious and impervious surfaces and other pre-existing land uses are considered to be ‘grand parented’, that is, they can remain in place as they are. Unpermitted works are not grand parented. An EDP review is required if any changes are proposed to the existing buildings, structures, and semi-impervious and impervious surfaces in the Watercourse Protection Area. Changes will need to comply with present day regulations and guidelines.

17. What are the Guidelines for a non-permanent watercourses?

• locate development on portions of the site that are least environmentally sensitive
• no net loss of riparian habitat within 5 metres of the top of non-permanent watercourse bank
• enhance, and where feasible, restore watercourses in already developed areas to improve watercourse quality from uplands to inlets

18. What are the Guidelines for a Permanent Watercourse?

• locate development on portions of the site that are least environmentally sensitive
• no new development within 5 metres of the Top of Watercourse Bank
• no development closer to the watercourse than existing development
• no net loss of riparian habitat within the 15 metres setback of the top of watercourse bank
• enhance, and where feasible, restore watercourses in already developed areas to improve watercourse quality from uplands to inlets

19. What is “No development closer to the watercourse than existing development”?

If the closest development adjacent to a permanent watercourse is the existing house located within 8 metres from the Top of Watercourse Bank (ToB). The proposed new development cannot be any closer than 8 metres from the ToB.

20. What is a No Net Loss of Riparian Habitat?

This means within a Watercourse Protection Area, including a non-permanent watercourse (i.e. 5 metres setback from ToB) and a permanent watercourse (i.e. 15 metres setback from ToB) there can be no additional loss of habitat. Meaning the original footprint of permitted buildings, structures, and semi-impervious and impervious surfaces could potentially be removed and redeveloped as long as they do not exceed the size of the original footprint and the other provisions of the guidelines are met.

Please see examples below:

Non-permanent watercourse

Within 5 metres from ToB, a property owner removed a permitted accessory building to construct a new deck. The original footprint of accessory building had an area of 10 m2 and the new deck has an area of 5 m2. Resulting in a habitat gain of 5 m2.

Habitat Balance Calculation
Habitat Impacts:
New Deck within 5 metres from ToB - 5 m2
Habitat Gain:
Removal of the accessory building + 10 m2
Net Habitat Balance: + 5 m2
 

Permanent watercourse

A property owner removed a wood deck that had an area of 20 m2 located within 5 metres from ToB and replaced it with a new paver stone patio that has an area of 20 m2 within 10 metres from ToB. Resulting in a habitat gain of 0 m2.

Habitat Balance Calculation:
Habitat Impacts:
New paver stone patio within 10 metres from ToB - 20 m2
Habitat Gain:
Removal of a wood deck within 5 metres of ToB + 20 m2
Net Habitat Balance: + 0 m2

21. What if the subject property falls into multiple Development Permit Areas (DPA)?

If the subject property falls into multiple DPAs, please review all relevant information for each DPA prior to any type of design work. If clarification is still needed, you can contact the Environment Protection office by email [email protected] for further information. A coordinating professional may be required to coordinate all Development Permit requirements.

22. When can I apply for a building permit?

Once a Development Permit such as an EDP has been obtained, an applicant can apply for a building permit.

23. Will the watercourse flood my home? How can I find out if it will flood or not?

The District has limited information on flood hazards related to individual properties. Severe weather events, and other factors that lead to flooding, are extremely difficult to predict. If you are concerned, please hire a Qualified Professional Engineer or Geoscientist with the appropriate experience in hydrology and assessing flood hazard risks.

24. Who is responsible for the maintenance of a watercourse located on private property?

It is the Owner’s responsibility to maintain creeks on their property, in a safe condition. The District has bylaws that guide/restrict development and activities around watercourses. These bylaws are in place to:

• prevent obstruction and fouling of the District’s watercourse system
• avoid future damage or issues to the subject property as well as protect downstream properties and infrastructure
• ensure that development does not negatively impact watercourse or wetland environments or, particularly productive fish habitat

Please be advised there is also Provincial and Federal legislation that governs work around watercourses and protects fish and fish habitat.

25. What if an Owner has concerns with erosion or stability around a watercourse within their subject property?

Staff recommend that the owner engage with a Qualified Professional who has experience in hydrology, flood hazard assessments, etc. to assist in providing measures to address any creek stability and erosion concerns.