Riparian Areas Regulation (RAR)

The Riparian Areas Regulation (RAR) is a provincial regulation used by some local governments in British Columbia to determine the setback (SPEA) around streams.

Definition of Stream

For the purpose of this regulation, a stream is defined as a watercourse, whether it usually contains water or not, a pond, lake, river, creek or brook; and a ditch, spring or wetland that is connected by surface flow to a watercourse, pond, lake, river, creek or brook that provides fish habitat.

The Setback

All areas within the setback are to be protected under the regulation from development, unless it meets the exceptions list, or the stakeholder has a permit from Fisheries and Oceans Canada – Habitat Enhancement Branch, from the local government, or a Section 9 Approval under the Water Act.

How Close to a Stream Can You Be?

Any developing properties with a stream nearby may require an RAR assessment. The riparian assessment area for a stream is:

• the 30 meter strip on both sides of the stream, measured from the high water mark,
• for a ravine less than 60 meters wide, a strip on both sides of the stream measured from the high water mark to a point that is 30 meters beyond the top of the ravine bank,
• and for a ravine 60 meters wide or greater, a strip on both sides of the stream measured from the high water mark to a point that is 10 meters beyond the top of the ravine bank

A biologist (RPBio) is required to locate the high water mark and a British Columbia Land Surveyor (BCLS) is required to locate the top of bank. Without an assessment it is difficult for land owners or local governments to know where the riparian assessment area even begins. Therefore, land owners may be asked to perform an assessment if a stream is anywhere near the property.

Where Does the RAR Apply

RAR applies to the following regional districts and all municipalities within:

• Capital
• Central Okanagan
• Columbia-Shuswap
• Comox-Strathcona
• Cowichan Valley
• Fraser Valley
• Greater Vancouver (except the city of Vancouver)
• Nanaimo
• North Okanagan
• Okanagan-Similkameen
• Powell River
• Squamish-Lillooet
• Sunshine Coast
• Thompson-Nicola
• Trust area under the Islands Trust Act

Some municipalities within the above list will not require an RAR assessment. The Riparian Areas Regulation is enabled by section 12 of the Fish Protection Act. Subsection 4(b) provides that an applicable local government ensure that its bylaws and permits under Part 26 of the Local Government Act must in its opinion, provide a level of protection that is comparable to or exceeds that of the Riparian Areas Regulation. Therefore if existing bylaws or permits in the local governments’ opinion meet or beat the Riparian Areas Regulation provisions, then the local government is in compliance with the regulation.

What Activities Trigger RAR Requirements

The RAR applies 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 being:

• removal, alteration, disruption or destruction of vegetation;
• disturbance of soils;
• construction or erection of buildings and structures;
• creation of nonstructural 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 in section 872 of the Local Government Act;

Exceptions

• permanent structures described in section 911 (8) of the Local Government Act (if the structure remains on its existing foundation),
• agricultural development
• institutional development,
• mining activities
• First Nations reserve lands

Types of Assessments

The assessment methods include two options:

• simple assessment
• detailed assessment

The simple assessment is the direction for developing streamside protection and enhancement areas found in section 6 of the Streamside Protection Regulation. It relies more on mapping exercises rather than field exercises. The use of many professionals is not required (eg. geotechnical engineer to determine slope stability is not required). The result is an affordable assessment that can be completed quickly.

The detailed assessment methodology was developed through consultation with a number of provincial and federal scientists and review of the pertinent literature. In the detailed assessment potential fish habitat impacts are examined in a 30 meter riparian assessment area from the high water mark of the stream on both sides. The focus of the assessment is on riparian vegetation and its functional role in maintaining fish habitat. It involves a determination of whether and how the site provides those features functions and conditions that maintain fish habitat for fish instream or downstream. The main functions that the assessment addresses are:

• the role of riparian vegetation in providing wood for in stream channel and fish habitat structure;
• the role of rooted vegetation in stabilizing the stream banks and in filtering sediment;
• the role of the site's vegetation in providing shade, maintaining stream water temperature, and in providing food and nutrients for fish.

The RAR also involves developing measures to protect the integrity of the area providing these functions at the site from the proposed development.

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