Riparian areas are areas located next to streams, rivers, lakes, and wetlands and have direct influence on aquatic and wildlife habitat. A Riparian Assessment Area is generally the area within a 30m strip on either side of the stream, measured from the stream boundary or top of ravine bank for ravines less than 60 wide. If the stream is in a ravine greater than 60m wide, the riparian assessment area is a 10m strip from the top of ravine bank.
Riparian areas support vegetation that provides important ecological and economic benefits, such as:
- Providing food, nutrients and shelter for fish;
- Moderating the water temperature during hot weather;
- Stabilizing stream banks and preventing excessive erosion;
- Protecting the water quality by filtering runoff;
- Protecting property from flooding and slope failure; and
- Providing habitat for wildlife.
The Riparian Areas Protection Regulation (RAPR), enabled by the Riparian Areas Protection Act (formerly the Fish Protection Act), came into effect on March 31, 2005 and was most recently amended on November 1, 2019. In addition to the RAPR, other regulations to help protect fish and fish habitat include:
- The Water Sustainability Act and Regulation
- The Wildlife Act
- The Federal Fisheries Act
- The Species at Risk Act
The Riparian Development Permit Area was established in 2022, with the adoption of the Official Community Plan (OCP), and applies to any residential, commercial or industrial development (including ancillary activities) that occurs within the applicable shaded areas on Map 10A and 10B of the OCP, or any other parcel that contains a stream or is partly or entirely located:
- within 30 m of the top of the bank of the stream as measured from the high-water mark;
- within 30 m beyond the top of the ravine bank for a ravine less than 60 m wide as measured from the high-water mark; or
- within 10 m beyond the top of the ravine bank for a ravine 60 m wide or greater.
Note that a “stream” means:
- a watercourse or body of water, whether or not usually containing water, and
- any of the following that is connected by surface flow to a watercourse or body of water referred to in paragraph 1:
- a ditch, whether or not usually containing water;
- a spring, whether or not usually containing water; or
- a wetland.
If you are proposing residential, commercial, or industrial development within the Riparian Development Permit Area, you will need to apply for a Riparian Development Permit. Application fees and forms can be found here. Note that “development” means any of the following activities associated with or resulting from residential, commercial, or industrial activities:
- Removal, alteration, disruption, or destruction of vegetation
- Disturbance of soils
- Construction or erection of buildings and structures
- Creation of non-structural impervious or semi-impervious surfaces
- Flood protection works
- Construction of roads, trails, docks, wharves, and bridges
- Provision and maintenance of sewer and water services
- Development of drainage systems
- Development of utility corridors
- Subdivision, as defined by the Local Government Act
Application guidelines and requirements for the Riparian Development Permit can be found in the Official Community Plan. Note that a Qualified Environmental Professional, as defined in the RAPR, is required to provide the RAPR assessment and ensure that development activity will not:
- occur within the Streamside Protection and Enhancement Area (SPEA) in the case of a Simple Assessment; or
- will not result in Harmful Alteration, Disruption or Destruction (HADD) to the features, functions and conditions in the SPEA, in the case of a Detailed Assessment.
Although agricultural activities are not subject to RAPR, the City encourages vegetation retention and riparian protection on farmland on a voluntary basis and requires agricultural building setbacks consistent with the Guide for Bylaw Development in Farming Areas, provided by the Ministry of Agriculture and Food.