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Council Meeting/Documents/DEVELOPMENT PERMIT AREA: SENSITIVE TERRESTRIAL ECOSYSTEMS
Appendix

DEVELOPMENT PERMIT AREA: SENSITIVE TERRESTRIAL ECOSYSTEMS

July 7, 2026Pages 264–2692 sectionsOriginal PDF

Standards for protecting rare habitats and managing wildfire risk in wildland-urban interface areas.

Requires 10m fuel-free zones around buildings in wildfire hazard areasExemption for fences if disturbance is restricted to 0.5m on each side

DEVELOPMENT PERMIT AREA: SENSITIVE TERRESTRIAL ECOSYSTEMS

Those lands, as shown on Schedule Q (3), are designated as a Development Permit Area for the protection of the natural environment and protection of development from hazardous conditions in accordance with the Section 919(1)(a) and (b) of the Local Government Act.

Justification

These areas of View Royal consist of both large areas and small pockets of high value ecosystems beyond the boundaries of the Natural Watercourse and Shoreline Development Permit Area. These sensitive terrestrial features include remnants of terrestrial herbaceous, Garry Oak woodland and older forest ecosystems as well as relatively mature second growth forest with important natural and wildlife habitat values. It is in these areas where examples of threatened and endangered species are mostly to be found in View Royal.

  • The area adjacent to Mill Hill and Thetis Lake Regional Park is also a “wildland/urban interface” area and includes steep slopes, which results in greater hazards to development that must be understood and managed.

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 Sensitive Terrestrial Ecosystem Development Permit Area are to:

  • Plan and regulate new development in a manner that preserves and protects the physical and ecological integrity of sensitive ecosystems.
  • Protect endangered species and ecosystems.
  • Cluster development away from the most sensitive ecological areas.
  • Ensure public safety.
  • Minimize the threat of wildland fires and damage to property and public injury as a result of wildland fires.
  • Balance development opportunities with ecological conservation.
  • 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 non-conforming sited buildings, structures or utilities provided there is no alteration of undisturbed land or vegetation.
  • Development, upon submission to the Director of Development Services of a written statement from a professional biologist with relevant experience confirming the absence of a sensitive ecosystem within the area that would be affected by the proposed work.
  • Emergency repairs to existing structures and public walkways where a potential safety hazard exists.
  • Construction of a fence so long as no native trees are removed and the disturbance of native vegetation is restricted to 0.5 metres on either side of the fence.
  • 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.
  • Repair and maintenance of existing roads, driveways, paths and trails, provided there is no expansion of the width or length of the road, driveway, path or trail, and no creation of additional impervious surfacing, including paving, asphalting or similar surfacing.
  • Small-scale removal by hand (10 m² 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, with appropriate relevant experience.
  • Gardening and yard maintenance activities within an existing landscaped area, such as lawn mowing, tree and shrub pruning, vegetation planting and minor soil disturbance that do not alter the general contours of the land.
  • Forest harvesting and related activities that comply with the Private Managed Forest Land Act on properties assessed as Managed Forest under the BC Assessment Act.
  • 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.
  • 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.
  • The construction of a small accessory building such as a pump house, gazebo, garden shed or play house if all the following apply:
    • The building is located within an existing landscaped area;
    • No native trees are removed;
    • The building is 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 10 m².
  • 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

The following guidelines apply to all development permit applications in all Sensitive Terrestrial Ecosystem Development Permit Areas:

Page 264–269

i. Identify critical areas containing important, rare or fragile sensitive ecosystems or habitat. ii. Avoid locating development in areas containing important, rare or fragile sensitive ecosystems or habitat where reasonable alternative sites exist. iii. The area cleared and disturbed for development should be minimized. iv. Fewer, but larger, undisturbed areas should be retained, rather than small or isolated undisturbed areas. v. Buildings and associated infrastructure should be sited with sufficient undisturbed space around significant mature or established trees to protect root systems. vi. Undeveloped buffer areas should be retained around sensitive ecosystems, features or habitat where feasible. Buffer areas should be of sufficient width to limit access by invasive plants. vii. Natural features should be retained through incorporation into the design of the development. In particular, unique or special natural features such as native grasses, rare plants, unique land forms, rock outcroppings, mature trees, spits and dunes should be protected. viii. Connections and corridors should be maintained to provide continuity between sensitive ecosystems and important habitat. ix. Use of drought resistant and native plants in landscaping is encouraged. x. The planting or introduction of non-native plants should be avoided. xi. Avoid the introduction of invasive species. xii. Soil removal or deposit within or adjacent to a sensitive ecosystems or habitat should be avoided. xiii. Alteration of natural drainage systems in ways that increase or decrease the amount of water available to a sensitive ecosystem should be avoided. xiv. Septic fields should be located in such a manner to avoid the possibility of polluting sensitive ecosystems or habitat. xv. Driveways and other accesses should be limited to the number required for safe access, with shared driveway access where feasible. Driveway lengths and widths should be limited to the minimum necessary. If possible, the use of impervious surfaces should be discouraged. xvi. The permit conditions may include:

  • Construction of permanent or temporary fencing around sensitive features;
  • Fencing, flagging and posting of notices during construction;
  • Limits on blasting in sensitive areas;
  • Limits on construction timing;
  • Provision of works to maintain or restore the quantity or quality of water reaching environmentally sensitive areas or habitat;
  • Restoration or enhancement of disturbed sensitive ecosystems and habitat; and
  • Registration of restrictive covenants.

GUIDELINES – WILDLAND/URBAN INTERFACE AND STEEP SLOPE AREAS

i. Building and site design should seek to minimize fire risk in the Town of View Royal Community Wildfire Protection Plan area. ii. Development in wildland/urban interface areas should follow BC FireSmart principles with specific consideration given to the following:

  • Use tile, steel or other non-combustible material for roofing. Include closed-in soffits.
  • Keep roofing clear of combustible material accumulation.
  • Use siding materials such as stucco, steel, aluminum or cementitious material.
  • Avoid decks and porches, or construct with non-combustible material. Alternatively, build using wood materials with underside fully enclosed.
  • Underground wiring should be installed for power supply to the building or structure. If overhead wires, avoid physical contact with adjacent trees.
  • Ensure availability of water for entire building, exterior and roof.
  • Ensure vehicle access to adjacent forest land. Avoid dead-end access roads with no turn-around provision.
  • Establishing a 10 metre fuel free zone around buildings and, where landscaped, planted with lawn or native fire resistant species and irrigated. Remove coniferous trees within 10 metres of buildings. iii. Development should avoid siting on steep slopes wherever possible. iv. Where steep slopes cannot be avoid development should seek to minimize alteration of existing topography through excavation and blasting and employ building designs that work with existing topography. v. All development on or adjacent to steep slopes must be certified safe by a geotechnical engineer.

GUIDELINES FOR DEVELOPMENT APPLICATIONS

i. Development applications shall include an impact assessment report 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 red and blue list species and ecosystems and sensitive ecosystems within the site.
  • Impact statement describing effects of the proposed development on natural conditions.
  • Guidelines for mitigating habitat degradation, including limits of proposed no development zones and buffer areas. ii. Where development is in proximity to this environmentally sensitive 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. iii. Where development will encroach on this Development Permit Area, a storm water management plan must be prepared by a qualified engineer in consultation with a registered professional biologist. iv. Where steep or unstable slopes exist or there is risk of flooding, a report from a geotechnical engineer must be provided. v. Where required by the Riparian Area Regulations, the completion and submittal of a Riparian Area Assessment Report. vi. In the area north of Thetis Lake Regional Park and the lands in the vicinity of Mill Hill Regional Park, a Wildland/Urban Interface Fire Smart risk assessment and management plan must be provided.

Variances

The Town may consider variances to siting or size regulations where the variance could result in enhanced protection of an environmentally sensitive area.

Page 264–269

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Extracted from: 2026 07 07 Council Meeting - Agenda - Pdf(507 pages total)