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WCEL > Issues > Urban Growth and Development > Smart Bylaws Guide > Part 6 > Use Site Resources WiselyDevelopment Permit Areas > Kelowna

Smart Bylaws Guide – Use Site Resources Wisely – Development Permit Areas – Kelowna

The City of Kelowna has designated all creek corridors as DPAs, and has enshrined in the OCP the federal Fisheries' Land Development Guidelines for the Protection of Aquatic Habitat. While riparian set backs are clearly defined, staff encounter problems when developers holding old subdivision approvals and development permits seek a building permit. Five years ago, the subdivision may have been granted with a 10 metre leave strip, and the requirement now is 15 to 30 metres. Staff will often negotiate an increase in the leave strip with a reduction in the size of the parking lot, as well as restoration work on degraded watercourses. All leave strips within a stream protection corridor are permanently protected under one of the following mechanisms:

  • dedicated as park;
  • returned to the Crown in the name of the local government;
  • rezoned as a protected area or reserve status;
  • secured with restrictive covenants;
  • registered as a statutory right-of-way; or
  • identified as a building setback area.

Typically, Kelowna protects leave strips as "no disturb" areas through dedication at subdivision and the attachment of restrictive covenants as a development permit condition.

Recognizing that not all portions of DPA properties are necessarily sensitive or hazardous and not all proposed activities are harmful or dangerous, an applicant may, as part of the development review process, submit a development permit waiver form (property profile) to the Planning Department. The waiver form is circulated internally to the Environmental Division for review and determination of whether or not an environmental development permit is required. If the waiver is granted, conditions may be attached to minimize encroachment or impact on the area of concern.

See the Kelowna Environment Development Permit Handbook and the Stream Protection Corridor DP Guidelines.

For More Information

Mark Watt, Environment Manager City of Kelowna (250) 862-3339 local 343 mwatt@city.kelowna.bc.ca


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