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Developers want input on stream regulations

Local developers are frustrated with the lack of information and public consultation on district regulations for protecting fish-bearing watercourses.

Local developers are frustrated with the lack of information and public consultation on district regulations for protecting fish-bearing watercourses.

The Sea to Sky Landowners Association held a meeting attended by Ó£ÌÒÊÓƵdeputy administrator Brent Leigh on May 9 to discuss the regulations being proposed.

"The landowners would like more consultation with the city about riparian areas and policies," said association member Peter Gordon. "The development community, that is obligated to follow the rules whatever they may be, is saying: 'Things are a little cloudy, can somebody please help us gain some clarity here?'."

District of Ó£ÌÒÊÓƵenvironmental staff are currently reviewing options for a new fish protection bylaw because the province repealed a previous Streamside Protection Regulation (SPR), approved Riparian Area Regulations (RAR) and ordered all municipalities adopt bylaws that meet or exceed RAR by March 31, 2006. The regulations affect land subject to residential, commercial, or industrial development.

"Repeal of the SPR came about primarily through the lobbying efforts of the Urban Development Institute," states the environmental staff report.

To confuse matters even further, the Department of Fisheries and Oceans [DFO] also has regulations that seem to contradict RAR. Only one B.C. municipality has so far complied with the order to adopt new measures.

Mayor Ian Sutherland said in a May 2 council meeting that he wants to see Ó£ÌÒÊÓƵgo no further than adopting RAR in order to precipitate the issue and give developers some certainty.

"Given the lightning speed of the environmental bylaw process from last year, I would rather see something," said Sutherland. "I don't want to wait."

Certainty is precisely what the landowners' association seeks, said Gordon.

"Our understanding is as of April 1 RAR came into effect, but there does seem to be some confusion around that point, so we need first of all to gain clarity," said Gordon. "Secondly if there are changes, what does that mean on the ground?"

District environmental coordinator Chessy Knight gave other fish protection options during the council meeting saying that she believes RAR to be too lenient. Knight said she hesitates recommending RAR even on a temporary basis because once it is adopted it will be too difficult to rescind or adjust.

"Staff and council will receive pressure from the development community to maintain it [RAR]," said Knight.

Knight is expected to present a thorough review of the issue and a justification for staff recommendations in an upcoming, as yet unannounced district committee of the whole meeting.

The Landowners' Association, in the meantime, has yet to receive an invitation to the information meeting despite district assurances that they would be involved and informed during the process.

Staff recommends that council and mayor send a letter to the Union of B.C. Municipalities and the Minister of Environment urging that the province clarify the uncertainties among other fishery agencies, how qualified environmental professionals' standards apply to RAR, what local government's responsibilities would be under RAR and what provincial funding would be available.

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