British Columbia Guide to Watershed Law and Planning
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  Urban Referral System

Urban Referral System

In many cases, approvals by one government agency are referred to other government agencies for comment before final approval is given.   Examples of referrals include:

·          Local governments refers applications for rezoning, development permits, subdivision approvals to the Ministry of Water, Land and Air Protection and the federal Department of Fisheries and Oceans for comment;

·          Local governments refer regional growth strategies, official community plans, transportation plans, and storm water management plans to senior levels of government for comment;

·          The Ministry of Water, Land and Air Protection refers applications for Waste Management Act permits to local governments for comment.

·          The Ministry of Sustainable Resource Management refers applications for water licenses to local governments for comment.

This system gives experts in environmental protection or those familiar with the local situations an opportunity to affect the plans, approvals, permits etc. For instance, when Department of Fisheries and Oceans receives a rezoning application they might recommend conditions for a project's approval such as fishery sensitive zone or riparian setbacks, sediment control, non-point source pollution controls, vegetation requirements, storm water management requirements, construction practices, and other mitigation practices.  Although the government agency responsible for approval can ignore the advice, the system has helped protect numerous critical habitats.

Recent studies have concluded that this voluntary referral system is not as effective as it should be for protecting fish habitat and water quality.  Other than the process being voluntary, there are no monitoring procedures to see if approval conditions are being adhered to.  Other problems include the lack of public participation opportunities; and lack of consistency between staff doing the referrals.

Nonetheless, in the absence of laws or processes that provide adequate environmental protection, the referral process is an important mechanism that allows local governments to protect critical habitat or streams.  Often municipalities are unaware of the habitat value of areas slated for development, and the referral process can give them important information and advice. 

Unfortunately, the BC provincial government is in the process of ending the referral services it has traditionally offered to local governments.  The Ministry of Water, Land and Air Protection either no longer accepts referrals or is phasing out its involvement in the referral system. Similarly, reductions in staff at the Department of Fisheries and Oceans is limiting the ability of staff their to process referrals.

Related Guide Pages:

·          Development Permit Areas

·          Implementation of Local Government Plans

·          Local Government Planning

·          Zoning

 

 

 
 
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