Riparian Areas Protection Regulation: 2019 Amendments

What is the Riparian Areas Regulation ("RAR")?

Streams, lakes, wetlands and their associated riparian areas (i.e., the banks and vegetation immediately adjacent to a water feature) are protected in British Columbia under the Riparian Areas Regulation ("RAR") as part of Section 12 of the Fish Protection Act (later re-titled the Riparian Areas Protection Act in 2016). Riparian areas link water to land. They are a transition zone, with distinct vegetation structure and composition. The features of the riparian area directly influence the characteristics of the waterbodies they border. The streambed, water, trees, shrubs, and grasses are all part of the riparian area, and fish and fish habitat are directly dependent upon the functions the provide. Some of these functions include providing:

A source of large organic debris, such as fallen trees and tree roots;
Areas for stream channel migration;
Vegetative cover to help moderate water temperature;
Provisions of food, nutrients, and organic matter to the stream;
Stream bank stabilization; and
Buffers for streams from excessive silt and surface run-off pollution.

The RAR defines the minimum protections for streams and riparian areas that must be adopted by local governments during development near a stream. To ensure appropriate protective measures are being taken, the RAR requires a Qualified Environmental Professional ("QEP") to conduct science-based assessments following a standardized, prescriptive, and repeatable methodology for any such proposed development.

2019 RAR Amendments

On November 1st, 2019, following recommendations from the Provincial Professional Reliance Review and the BC Ombudsperson’s Report on RAR, the RAR was amended and became the Riparian Areas Protection Regulations. It should be noted that the fundamental requirements under the RAR for local governments, proponents, and QEPs has not changed, nor has the assessment methodology.

Key amendments to the regulations include the following:

The Ability to Approve/Reject Reports
- Notifications to local government may be withheld by the Ministry until any identified deficiencies in the report are rectified by the QEP
Variance Protocol
- New language and methods for determining allowable encroachments into streamside setbacks are now included in the regulations
- Prescriptive methods have been provided for managing situations of “Undue Hardship”
Mandatory QEP Training
- All QEPs must now take an approved RAR Training Course, and must be recertified every five (5) years

Additional amendments include:

An expiry date for RAR assessment reports [i.e., five (5) years]
A new online submission system that takes the applicant through an easy step-by-step process
Changes to language and definitions, mostly to provide additional clarity, including:
- The “stream boundary” now includes up to the boundary of the active floodplain;
- The “active floodplain” is now clarified as land inundated by the 1-in-5-year return period flow of the stream; and
- A SPEA is now defined as “…land adjacent to a stream boundary, that links aquatic to terrestrial ecosystems, and is capable of supporting streamside vegetation. An area of human disturbance must be considered to be capable of supporting streamside vegetation if the area would be capable of supporting streamside vegetation were the area in its natural condition”.

PLG’s QEPs conduct watercourse and wetland assessments to determine setbacks that are regulated by different levels of government protection standards, including the RAR. Our QEPs are experienced in preparing Environmental Assessments, Watercourse Classification Confirmation Assessments, advise on works involving Water Sustainability Act submissions, riparian planting plans, and submissions for Environmental Development Permits applications.

If you would like to find out more on how the 2019 RAR amendments may affect your site, or if you have any other enquiries, please feel to contact our QEP, Kyla Milne, at kyla@pacificlandgroup.ca or by calling 604-501-1624.