Implementation of Local Government Plans

Many plans developed by local government are not legally binding on landowners or even on local government itself.  Many plans – such as storm water management plans, park plans, or transportation plans – may be adopted by municipalities as policy.  Unless they incorporated into bylaws, they do not restrict what either the municipality can do or what private land owners can do.

 

Similarly, regional growth strategies are only binding on municipalities to the extent they are incorporated into official community plans (although a process exists form making sure there is consistency between regional growth strategies and official community plans).  Neither regional growth strategies nor official community plans directly regulate how development occurs on private land.    

 

Actual regulation of what occurs on the ground depends on the terms of public works authorizations, zoning bylaws, development permits, subdivision bylaws, subdivision approvals and building permits.  This page describes various tools of implementation:

 

·          Authorizations for Public Works.  Implementing storm water, waste management, park or other plans often required local governments to make substantial capital investments.  Inclusion of a work in an official community plan does not authorize the local government to proceed with that work, municipalities will have to pass separate bylaws to proceed with the work.  All capital investments and works by local governments must be consistent with the applicable official community plans and financial/capital plan.   See Capital Investment Programs and Financial Plans

·          Zoning bylaws.  Zoning bylaws specify the allowable uses on land (e.g. residential only), the density of use (e.g. the maximum number of dwelling units per lot), the size and location of buildings and lots, and various other matters such as parking requirements, maximum impermeable surfaces, requirements for run-off control. New zoning bylaws must be consistent with official community plans. Buildings and uses that existed when a zoning bylaw was passed, and do not conform with the bylaw are allowed to continue in existence, subject to restrictions. See the Guide page on Zoning Bylaws. 

·          Regulatory Bylaws.  Local governments can pass a number of bylaws that are important for protection of streams and biodiversity.  These include tree cutting bylaws and stream protection bylaws.  See the Guide page on Regulatory Bylaws.

·          Development Permits.  Where official community plans designate an area as a development permit areas, subdivision, construction and development cannot occur without a development permit.  If development permit areas are created to protected streams or biodiversity, the permits can require, among other things, restoration of watercourses, riparian set backs and re-vegetation. See the Guide page on Development Permit Areas.

·          Building permits.  In most areas of the province, building permits are required before individuals can undertake significant construction.  With only a few exceptions, municipalities must issue building permits so long as the plans comply with applicable zoning bylaws, development permits and building codes.

·          Development Standards.  As well as zoning bylaws, which regulate the size and shape of new lots, local governments can pass development standard bylaws that regulate the servicing of subdivisions. Development standards can specify a number of smart growth practices that help protect natural drainage.  For instance, they can require narrower roads that drain into ditches rather than storm sewer, require paving with permeable surfaces, and require storm water retention in grassy swales. 

·          Subdivision approvals.  All subdivisions must be approved by an “approving officer”.  In municipalities this is a municipal official.  In other areas it can be a regional district official, a Ministry of Transportation official or the Islands Trust Council.  Approving officers will ensure compliance with development standards and zoning bylaws, but have limited discretion to refuse subdivision approvals. See the Guide pages on the Land Title Act and the Local Government Act and Subdivisions.

In some cases applications for rezoning, development permits or subdivision may be referred to other government agencies for comments and suggestions before they are finalized.  See Urban Referral Process.

Related Guide Pages:

·          Capital Expenditure Programs and Financial Plans

·          Development Permit Areas

·          Local Government Act

·          Local Government Planning

·          Local Governments and the Waste Management Act

·          Greenway and Park Planning

·          Official Community Plans

·          Regional growth strategies

·          Storm Water Management Planning

·          Transportation Planning

·          Zoning Bylaws

 

For more information on Implementing Local Government Plans:

·           “Environmental Management” from the Successful Communities Forum’s Citizen’s Guide to Development Planning.

·          West Coast Environmental Law’s Smart Growth Guide to Local Government Law and Advocacy.