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

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

The City of Nanaimo has Watercourse Development Permit Area Guidelines regulating development within DPA #23 - Watercourses. The objectives of the Watercourse DPA are to:

• regulate development activities in watercourses and their leave strips so as to protect aquatic habitat, and prevent erosion and slope instability; and
• conserve, enhance, and, where necessary, restore watercourses and their leave strips.

In addition to construction, development includes cutting or removing trees, grading, removing and depositing soil or other material, and installing services.

Nanaimo defines different types of leave strips and watercourses in the Guidelines (the same as in Nanaimo’s zoning bylaw):

• 30 metres from the top of the bank for the Millstone and Nanaimo Rivers;
• 15 metres from the top of the bank on most other major creeks and streams;
• 15 metres from the wetland boundary (winter high-water mark) of lakes, ponds and wetlands;
• 15 metres from the natural boundary of the sea; and
• 7.5 metres from the top of the bank on some small head-water creeks.

The City lists the detailed requirements for development permits, and the criteria by which applications will be assessed. Before or in addition to encroaching on the leave strip, the applicant and City explore the possibility of varying other land requirements under the Zoning Bylaw, such as setbacks, to minimize the encroachment. This includes reducing front and rear yard setbacks, increasing site coverage by up to 50% of the maximum, increasing maximum height by up to 2.75 metres and reducing parking requirements.  In some cases, development has been allowed in the leave strip to protect other environmental features, including building on a rocky shoreline to protect a stand of trees on the other side of the property. Mitigation and compensation requirements may be required in a development permit. Finally, Council will consider reducing development permit fees for projects involving in-stream restoration and enhancement only, such as projects by non-profit organizations.

For example, in the Avonlea subdivision the front yard setbacks were relaxed (from 6.0 to 4.5 metres) and rear yard setbacks increased (from 7.5 to 9 metres) to minimize impacts to Beaver Creek at the rear of the properties in the leave strip area. While four properties bordering on a wetland had reduced leave strips from 15 metres to 3 metres, overall the project ensured a 15 metre no vegetation disturbance with an additional 9 metre no building setback, resulting in a minimum of a 24 metre leave strip.

Nanaimo Official Community Plan DPA 23 pp.80-20 to 8-23

Watercourse Development Permit Area Guidelines (detailed)

For More Information

Kevin Brydges, Environmental Coordinator (250) 755-4460 extension 386 kevin.brydges@nanaimo.ca