Riparian Areas

Land along the banks of a river, lake or other body of water is known as a “riparian” area.  The riparian area is a transition from aquatic habitat to terrestrial habitat, and as such is often very ecologically sensitive.  Small changes can have a huge impact both on the plants and animals that live on the banks of the water body, and on the aquatic habitat itself.  60% of B.C.’s species use riparian habitat in whole or in part. 

Development in riparian areas can have impacts that might not be obvious.  For example, removing vegetation from the banks of a stream can cause the stream to become muddied and the bank to become unstable without the support of plant roots.  In addition, the loss of shelter and shade can increase the temperature of the stream, killing fish or resulting in toxic algae blooms. 

Provincial Responsibility for Riparian Protection

The constitutional responsibility for managing riparian areas lies primarily with the provincial government.  The federal government does have a role, through the Fisheries Act, when development in a riparian area directly impacts on fish habitat.  However, with this notable exception, the riparian environment is protected by provincial legislation and planning processes. 

The provincial government has created a number of legal tools to protect riparian areas.

The Province’s Water Act is primarily concerned with allocation of water.  However, it does contain one very powerful tool for protecting riparian areas.  Section 9 of the Act provides that any person making a “change in or about a stream” must either:

·          Have a water licence under the Water Act authorizing the change;

·          Have received written government approval before making the change; or

·          Be acting under regulations created under the Water Act. 

Changes “in or about a stream” includes any significant modifications within the banks of any watercourse (whether it has water in it at the time or not).  Through the Water Act government officials can impose conditions setting out exactly how any “changes” must be made, or refuse to allow changes at all. 

Three other acts are of minor importance in regulating certain types of changes in or about streams.  The Drainage, Ditch and Dike Act and the Dike Maintenance Act regulate the construction and maintenance of artificial anti-flooding measures.   The River Protection Act authorizes the Minister of Transportation to take action to stabilize river banks in danger from erosion.   

Other legislation deals with riparian protection in the context of different industries.  For example, the Forest and Range Practices Act [link to O14-2] requires that a strip of trees be left alongside certain classes of streams when logging occurs on public lands.  Read the Guide pages concerning the industry that you are concerned about for more information on industry-specific measures for riparian protection.

This page of the Guide concentrates on actions that alter the riparian area itself.  For information on actions which pollute or alter the river itself, as opposed to the banks, see the page on rivers, streams and lakes. 

Local Government

The Fish Protection Act gives the provincial cabinet the power to create “directives” for streamside protection.  Local governments must then pass by-laws implementing the directive or providing equivalent or better protection for riparian areas.  The province currently has a Streamside Protection Regulation under which local governments will have to pass by-laws requiring that development be set back a specific distance from streams by 2006 at the latest. 

Although local governments are not yet required to have such by-laws in place, many local governments have created requirements around set-backs and/or designated streamsides as environmentally sensitive.   The tools available to local governments to protect streamsides are found in the Local Government Act. 

Common Law and Riparian Rights

Under the judge-made common law the owner of riparian land had rights of access and use of water from the stream or lake that the property bordered.  The right to use water from a river has been limited or eliminated in B.C. under the Water Act.  However, downstream riparian owners probably continue to have riparian rights against flooding or against pollution caused by upstream changes to riparian areas.

Related Guide Pages:

·          Rivers, Streams and Lakes.

·          Water Quality.

·          Littoral (Seashore) Areas.

 

For more information about Riparian Areas

·          The Value of Riparian Habitat and How to Care for it – Part of the Living in Nature Series published by the South Okanagan Similkameen Stewardship Programme. 

·          Riparian Management Area Guidebook – B.C. Ministry of Forests publication on logging an riparian areas (note: The Guidebook’s discussion of legal requirements is out of date – with the 2002 Forest and Range Practices Act [link to O14] replacing the previous Forest Practices Code.)

·          Land Development Guidelines for the Protection of Aquatic Habitat – Guidelines from Fisheries and Oceans Canada