British Columbia Guide to Watershed Law and Planning
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Urban Development

Development in an urban area is potentially subject to much greater regulation than just about any other type of development.  Much of this regulation is more concerned with the livability of the city, rather than watershed management per se.  However, the two often overlap, and the powers of a local government can be very useful in protecting the environment.

Local Government

Local government – usually a municipality and/or a regional district – coordinates planning for an area (see the Guide page on Urban Planning) and passes laws to govern (among other things) development in the area. 

Most Local Governments gets their powers under the Local Government Act.  In a few cases there may be different powers, or additional powers, but even the Local Government provides the general model for local government in B.C.  See the Guide Page on Local Government for more information about what a Local Government is. 

Local government may (among other things):

·         Develop plans setting out how they expect the area, or region, to develop.  The most important of these is usually the Official Community Plan which sets out a direction for the community for the coming 5 years. 

·         Pass bylaws that restrict what people can do in the municipality or regional district.

·         Create zoning-bylaws that set out how property in a particular area can be used.  This includes restrictions on lot size, setbacks from environmentally sensitive features, types of development allowed, etc.

·         Create and manage parks and other services.

·         Define Development Permit Areas in which the approval of a local government must be obtained before the property can be “altered”.

These powers need not be exercised to promote good watershed management.  The elected officials in a local government are entitled to represent their constituents as they see fit, and watershed advocates should push hard to encourage a local government to manage the watershed on sound ecological principles. 

Other tools

Subdivision applications – in which a property owner asks that their property be divided into two or more properties, usually prior to a sale or development – can be key in managing urban areas.  Since subdivision applications determine how densely an area can be developed (subject to any zoning bylaw restrictions created by the local government), the decision can be key to pushing for good management of an area.  In some cases densification (building homes more densely) can be good for watershed management (as it prevents urban sprawl).  In other cases it opens a new area up for development.  The Land Title Act sets out how subdivision applications are treated. 

A final tool for urban watershed management is the Streamside Protection Regulation, passed by the provincial government under the Fish Protection Act.  The regulation requires each municipality to develop a by-law to protect urban streams, and sets out minimum requirements that must be included in the by-law.  Not all municipalities yet have their by-law in place, but many do.  Ask your municipal government whether they have a streamside protection bylaw in place.  

Related Guide Pages:

·         Local Government Act

·         Local Government

·         Urban Planning

·         Stream Protection Bylaws

·         Local Government Planning

For more information about Urban Development:

·         SmartGrowth BC – A B.C. Organization dedicated to responsible urban development.

·         B.C. Ministry of Community, Aboriginal and Women’s Services

 
 
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