Riparian Areas Regulation (RAR)
Fri, Mar 31, 2006
On July 2004 Riparian Areas Regulation (RAR) were enacted under Section 12 of the Fish Protection Act. This regulation called on local governments to protect Riparian Areas during residential, commercial, and industrial development to ensure proposed activities are subject to science based assessment conducted by a Qualified Environmental Professional.
On March 31, 2005 these regulation came into effect; however, the Minister of Environment Time Period Extension Order gave local governments until March 31, 2006 to adopt appropriate legislation.
Model and Methodology
Assessment methodology strives to yield outcomes that are measurable, repeatable, independent and not reliant exclusively on default set backs. Riparian Areas Regulation model uses Qualified Environmental Professionals to:
· assess habitat;
- evalate potential impacts;
- develop mitigation measures; and,
- circumvent impacts of development to fish and fish habitat.
Areas Affected by RAR
Riparian Areas Regulation applies to local governments located in the following regional districts:
- Central Okanagan;
- Cowichan Valley;
- Fraser Valley;
- Greater Vancouver (excluding the boundaries of the City of Vancouver);
- North Okanagan;
- Powell River;
- Sunshine Coast; and,
· Riparian Areas Regulation (RAR) applies to activities repealed under the Streamside Protection Regulation and to local government regulation or approval of residential, commercial and industrial activities, or ancillary activities, as regulated by Part 26 of the Local Government Act.
· Riparian Areas Regulation is enabled by section 12 of the Fish Protection Act.
· Subsection 4(b) provides that an applicable local government must ensure that its bylaws and permits under Part 26 of the Local Government Act provide protection that is comparable to or exceeds that of the Riparian Areas Regulation.
RAR does not apply to (note: other provincial or federal legislation may still apply):
· a development permit or development variance permit issued to enable reconstruction or repair of a permanent structure if the structure is to remain on existing foundation, as described in section 911 (8) of the Local Government Act;
· agricultural or institutional development;
· mining activities; and,
· First Nations reserve lands.
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