DEVELOPMENT PERMIT AREA: NATURAL WATERCOURSE AND SHORELINE AREAS
Guidelines to protect riparian areas and the ecological integrity of shorelines from development impact.
Environmental Protection & Natural Hazard Development Permit Areas
This section of the OCP discusses the environmental protection areas in the Town of View Royal. All areas identified on Schedule N as being environmentally sensitive are hereby designated as Development Permit Areas, and as Development Approval Information Areas, for the purpose of protecting the natural environment, its ecosystems and biological diversity from development.
DEVELOPMENT PERMIT AREA: NATURAL WATERCOURSE AND SHORELINE AREAS
Areas outlined in blue on Schedule Q: Environmental Protection and Natural Hazard Development Permit Areas are designated as Development Permit Areas as per the Local Government Act Section 919.1(1) (a) for the establishment of objectives and the provision of guidelines for the purpose of protecting the natural environment, its ecosystems and biological diversity from development and section 919.1(1) (b) for the protection from hazardous conditions development on steep slopes or flood prone areas. The Development Permit Area includes all land within 30 metres of the natural boundary of streams and similar watercourses or within 30 metres of the top of bank of a ravine containing a watercourse, in each case as defined in the Riparian Areas Regulation, and all those upland and foreshore areas above and below and within 15 metres of the natural boundary of the sea, and Schedule Q shall be interpreted in that manner.
Natural watercourses and shoreline areas include Esquimalt Harbour, Portage Inlet, Craigflower Creek and Millstream Creek.
Riparian areas and shorelines are important for their ecological value and contribution to the physical and cultural identity of View Royal. These areas support a rich diversity of flora and fauna and are integral elements of greater local and regional environmental systems. Unnecessarily disturbing these sensitive environments may harm their vitality and the ecological services they provide. This Development Permit Area has been established to ensure that the ecological value of sensitive watercourse and shoreline areas have been considered prior to development, and that measures will be taken to limit or avoid damage to these ecosystems. To the fullest extent possible all shorelines and riparian zones should be kept in a natural state and restored if they have been disturbed by development intrusions or public activity.
Owners of land within this Development Permit Area must not do any of the following without first obtaining a development Permit in accordance with the guidelines for this Development Permit Area:
- Alter lands, including soil disturbing activities and removing or altering vegetation;
- Subdivide lands; or
- Construct or alter a building or structure.
Objectives
The objectives of requiring a Development Permit in the areas identified as Natural Watercourse and Shoreline Areas are to:
- Plan and regulate new development in a manner that preserves and protects the physical and ecological integrity of shorelines and watercourses.
- Protect endangered species and ecosystems.
- Guard against erosion and avoid damage to public property.
- Ensure public safety.
- Balance development opportunities with ecological conservation.
- To ensure compliance with the Riparian Area Regulations.
- To foster Development that follows recognized best management practices (BMPs) such as outlined in the B.C. Ministry of Environment’s Develop with Care manual and related publications.
Exemptions
The following do not require a development permit:
- Repair, maintenance, alteration or reconstruction of existing legally or legally nonconforming sited buildings, structures or utilities provided there is no alteration of undisturbed land or vegetation.
- Emergency repairs to existing structures and public walkways where a potential safety hazard exists.
- Removal of trees deemed to be hazardous by a qualified arborist that threaten the immediate safety of life and buildings.
- Removal of hazardous trees with a valid Tree Alteration and Cutting Permit.
- Small-scale removal by hand (10m² or less) of invasive species or noxious weeds.
- Larger-scale removal of invasive species or noxious weeds in accordance with a vegetation management plan prepared by a Registered Professional Biologist or other qualified professional.
- Within an existing landscaped area that is outside of a Streamside Protection and Enhancement Area, the placement of impermanent structures, such as benches, tables and garden ornaments and the gardening and yard maintenance activities, such as lawn mowing, tree and shrub pruning, vegetation planning and minor soil disturbances that do not alter the contours of the land.
- The construction of a small accessory building, such as a pump house, gazebo, garden shed or playhouse, if all the following apply:
- The building is located within an existing landscaped area;
- No native trees are removed;
- The building is located outside of a Streamside Protection and Enhancement Area, or a minimum of 10 metres from the high water mark of the ocean; and
- The total area of small accessory buildings is less than 10m².
- Municipal public works, undertaken or authorized by the Town of View Royal.
- Park and works services, undertaken or authorized by the Town of View Royal, the Province of BC or the Capital Regional District.
- Emergency actions required to prevent, control or reduce an immediate threat to human life, the natural environment or public or private property including:
- Forest fire, flood, and erosion protection works;
- Protection, repair or replacement of public utilities;
- Clearing of an obstruction from a bridge, culvert, dock, wharf or stream;
- Bridge repairs; and
- Removal of hazardous trees.
GUIDELINES – GENERAL
i. Development in freshwater riparian areas – e.g. adjacent to streams, lakes, wetlands and other freshwater watercourses – must comply with the requirements of the Riparian Area Regulations. ii. Development of riparian and shoreline areas should be limited and not negatively impact the ecological health of the immediate area or impede public access. iii. Retention of existing healthy riparian and shoreline vegetation should be maximized with any paths, structures or other constructed areas sited to minimize impact on trees and sensitive areas. iv. Restoration of riparian and shoreline vegetation and habitat, including removal of invasive species, is encouraged for all properties within this Development Permit Area. Development should result in a net increase in native vegetation in almost all circumstances including trees, shrubs and grasses. v. For shoreline areas heavily impacted by previous development, target the restoration of ecologically appropriate vegetation for an average 15m wide (minimum 5 m) shoreline zone over 50% of the shore length. vi. Riparian and shoreline area development should sensitively manage storm water, focusing on infiltration and release of storm water in ways and quantities that mimics natural patterns, avoids scouring and erosion and results in storm water free from pollutants. vii. Shoreline protection measures should be limited to those necessary to prevent damage to existing structures or established uses on adjacent upland. viii. In the design of new developments or re-development, the use of soft engineered and innovative alternatives to stabilizing shorelines and preventing erosion, such as bioengineering rather than traditional hard engineered measures should be used. In general, the harder the construction measure, the greater the impact on shoreline process, including sediment transport, geomorphology and biological functions. "Hard" measures refer to those with solid, hard surfaces, such as concrete bulkheads, while "soft" structural measures rely on less rigid materials, such as biotechnical vegetation measures or beach enhancement. There is a range of measures varying from soft to hard that include: - Vegetation enhancement. - Upland drainage control. - Biotechnical measures. - Beach enhancement. - Anchor trees. - Gravel placement. - Rock (rip rap) revetments. - Gabions. - Concrete groins. - Retaining walls or bulkheads. v. Where hard measures can conclusively be shown to be the only means of effectively preventing erosion, they should be designed in consultation with a registered professional biologist, qualified environmental professionals and professional engineers, as appropriate. vi. The preservation and enhancement of native trees and shrub clusters that overhang the waters edge is strongly encouraged as these provide shade, protection and feeding habitat for fish and wildlife. vii. Any new public pathways or public access should be designed and constructed in consultation with a registered professional biologist or qualified environmental professional, as appropriate, and the Town of View Royal Parks Department.
GUIDELINES – CONSTRUCTION OF NEW AND REPLACEMENT OF EXISTING DOCKS AND BOAT LAUNCH FACILITIES
i. Docks and wharves should ensure that public access along the shore is maintained, and should serve multiple users as much as possible rather that one dock per property. ii. Design, size and location of docks and wharves should not limit opportunities for water access for neighbouring private properties. iii. Private docks and wharves should be designed to provide access to the water and seasonal boating opportunities, rather than sized to facilitate year round moorage of boats. iv. Docks and wharves should be sited to avoid impacts on sensitive ecosystems such as eelgrass beds, fish habitat, and natural processes such as currents and littoral drift. v. Docks should be constructed in a manner that permits the free flow of water beneath. Supports should be located on a hard substrate. vi. Floating docks should not rest on the bottom at any time and a minimal, moveable ramp should be utilized to connect the dock with the shore rather than a fixed wharf or pier. vii. Piers and pilings and floating docks are preferred over solid-core piers. viii. Docks should be constructed of stable materials that will not degrade over time. The use of unenclosed plastic foam or the use of creosote treated pilings is strongly discouraged.
GUIDELINES - SPECIFIC OCEAN SHORELINE TYPES
Rocky Shores
Rocky Shores consist primarily of rock platform, and may include steep cliffs or shelves overlain with beach veneer of boulders, gravel or rubble. While shore protection measures are generally not required on rocky shores as the bedrock provides adequate protection from erosion the following guidelines apply:
i. Ensure that a minimum 15-metre setback for new buildings and structures, additions to existing buildings and structures or the placement and removal of fill is maintained. ii. A setback of less than 15-metres may be considered if it is supported by a report by a qualified coastal professional (for geotechnical and coastal process considerations) and a registered professional biologist (for biological/environmental considerations) and satisfies all of the guidelines associated with this development permit area. iii. Due to the inherently stable nature of this type of shoreline, applications for shore protection measures will generally not be accepted unless evidence is provided by a qualified coastal professional that there is a substantial risk of damage or loss of structures.
Beach Shores
Beach Shores may consist of broad silty/sandy beaches or gravely/blocky rubble beaches or mixed rock with beach sediment, and may be classified as either a drift-sector or pocket beach. With this type of shoreline, the following guidelines apply:
i. Ensure that a minimum 15-metre setback for new buildings and structures, additions to existing buildings and structures, or the placement and removal of fill is maintained. ii. Where shore protection measures are necessary, make use of “beach nourishment” designs, which add appropriately sized material to the upper beach, creating a natural beach slope and beach armour. iii. Use of seawalls and rip rap embankments are generally not acceptable except when no alterative shore protection design is possible.
Marsh Shores
Marsh Shores include both mudflat and delta areas, and are generally highly sensitive and productive natural areas. The intertidal (foreshore) zone in this area is typically dynamic, changing in response to large stream flows and storm events. Though dynamic, the shore zone in these areas is generally accreting rather than eroding. It is important to allow sufficient space to allow these natural sediment processes to occur. With this type of shoreline, the following guidelines apply:
i. Provide a property-specific assessment with respect to building setbacks and shore protection designs, as stream sediment processes are important and will vary from site to site. ii. Dredging or filling of marsh shore should not be permitted. iii. Use of marsh shore areas should be limited to park or conservation uses that do not require structural intrusions. iv. Where shore protection measures are necessary, make use of “beach nourishment” designs, which add appropriately sized material to the upper beach, creating a natural beach slope and beach armour. v. Sea walls and rip rap embankments should not be used to protect these shoreline areas.
GUIDELINES FOR DEVELOPMENT APPLICATIONS
i. Development applications shall include an impact assessment report, following recognized best-management practices, prepared by a registered professional biologist with the following information:
- Detailed identification of all environmentally sensitive areas within the site;
- Criteria used to define the boundaries of ESAs;
- Inventory of significant fish species, red and blue list species, sensitive ecosystems wildlife trees and related habitat classification within the site;
- Impact statement describing effects of the proposed development on natural conditions;
- Recommendations for mitigating habitat degradation, including management of sedimentation and erosion, stabilization and re-vegetation of degraded or impacted areas, identification of areas that should remain free of development or be subject to special conditions, and recommendations as to any rearrangement of proposed development activities on the site that would be beneficial to the protection of ESAs Guidelines for mitigating habitat degradation, including limits of proposed leave strips and buffer zones.
- Recommended development permit conditions under s. 920(7) of the Local Government Act, to be considered by the Town in issuing a development permit, including any recommendations regarding the timing and sequence of development activities and the monitoring of those activities by the professional biologist. ii. In relation to watercourse areas, the impact assessment report shall be prepared by a qualified environmental professional in accordance with the assessment methods for riparian area assessments prescribed under the Riparian Areas Regulation and shall provide the information listed in the previous guideline. iii. Where development is within this Development Permit Area, design details of proposed mitigating measures are to be provided in an environmental management plan prepared by qualified project consultants with the assistance of a registered professional biologist. Minimizing sedimentation and erosion, stabilizing and re-vegetating impacted areas, and monitoring requirements must also be addressed in the management plan. iv. Where development is within this Development Permit Area, a storm water management plan must be prepared by a qualified engineer in consultation with a registered professional biologist. v. Where steep or unstable slopes exist or there is risk of flooding, a report from a geotechnical engineer must be provided. vi. Design details for all shoreline works must be submitted by qualified engineer.
