by Linda Nowlan and Bill Jeffries

West Coast Environmental Law Research Foundation and British Columbia Wetlands Network

Contents

Protecting British Columbia’s Wetlands: A Citizen’s Guide is co-published by the West Coast Environmental Law Research Foundation and the British Columbia Wetlands Network.

Figure A on page 30 is reprinted with kind permission of the Pacific Wildlife Research Centre, Canadian Wildlife Services. The sections on legal tools for protecting wetlands were written by Linda Nowlan of West Coast Environmental Law Research Foundation. The sections on wetland background and wetland science were written by Bill Jeffries from the BC Wetlands Network. This study was funded by the Bullitt Foundation and the Friends of Boundary Bay. The Law Foundation of British Columbia provides core funding for the West Coast Environmental Law Research Foundation. BCWETNET is grateful to the Shell Environmental Fund for its support for the printing of this report.

Copies of this book may be ordered by sending $10.00 for the first copy, and $5 for each additional copy purchased at the same time, shipping and GST included, to the West Coast Environmental Law Research Foundation, 1001-207 West Hastings Street, Vancouver, BC, V6B 1H7, phone: 1 604 684-7378; or to the BC Wetlands Network, PO Box 1441, Stn A, Delta, BC, V4M 3Y8, phone: 1 604 940-1540. E-mail: lnowlan@wcel.org and mkwetnet@direct.ca. Editorial correspondence may be sent to the above addresses.

Canadian Cataloguing in Publication Data

Nowlan, Linda, 1958-
	Protecting British Columbia’s wetlands
	Co-published by: British Columbia Wetlands Network.
	Includes bibliographical references.
	ISBN 0-919365-14-0

	1. Wetland conservation—British Columbia. 2. Wetland
conservation—British Columbia—Citizen participation. 3.
Wetlands—British Columbia—Management. I. Jeffries, Bill,
1945-  II. West Coast Environmental Law Research
Foundation. III. British Columbia Wetlands Network. IV.
Title.

QH77.C2N68 1996       333.91’816’09711        C96-910330-1

All photographs by Bill Jeffries.

In print version, Genesis cover and Unity text stock are 100 per cent recycled, with 100 per cent post-consumer fibre. Printed with Alpha-Veg ink, chosen for its relatively low volatile organic compound (VOC) weight of 13 per cent, and its linseed oil content at weight of 28 per cent.

Wetlands are the most important, most misunderstood, and most threatened biotic communities on earth. This is a book about wetlands: it describes why they are valuable, and what our laws do and fail to do to protect them. It is an unusual book because it addresses two overlapping audiences with different levels of need for wetland information.

The first part of the book is a basic wetland backgrounder. Although it may be of interest to wetland enthusiasts, it will be even more useful to people who are concerned about the environment but who know little about wetlands. It includes background information on the formation and function of wetlands.

The second part of the book is an introduction to legal protection for BC's wetlands. It will be most useful to non-lawyers who are interested in learning more about the legal status of wetlands. It includes a review of legislation, and information on how to use existing laws to protect wetlands in the province. Each law is accompanied by a section on What You Can Do and Who To Contact.

This book has been prepared for environmental and conservation groups, concerned citizens, and elected officials and decision makers in all levels of government who often decide the fate of wetlands.

Readers are reminded that this report is educational and does not consitute legal advice. Individuals with specific legal problems are urged to seek legal advice from a lawyer.

Acknowledgments

The authors are indebted to the staff at the West Coast Environmental Law Research Foundation, particularly: Ann Hillyer, Bill Andrews and Pat Houlihan for their comments and editing; Alexandra Melnyk and Morgan Ashbridge for copy editing and assistance in the production of this report; and Catherine Ludgate for acquiring research materials and administrative support. Special thanks to Chris Heald for layout design and desktop publishing.

The study was funded by the Bullitt Foundation in Seattle, the Shell Environmental Fund in Calgary and the Friends of Boundary Bay in Ladner. We are also pleased to acknowledge that the Law Foundation of British Columbia provides core funding for the West Coast Environmental Law Research Foundation.

Many individuals helped in the preparation of this report. Research assistance was provided by Ben Wheeler and Michael Rodgers. We would also like to thank the following people who reviewed drafts of the report and provided valuable comments: Ted Pobran and Karen Vipond of the BC Ministry of Environment, Lands and Parks; Martin Keeley of the Fraser for Life Communications Society; and Calvin Sandborn, an environmental lawyer in Victoria.

We would like to thank the following people who provided us with information in the course of research for this project: Serena Arduino of the Fraser River Estuary Management Program; Lee Harding of the Canadian Wildlife Service; Ron Kistritz, wetlands consultant; Mel Kotyk of the District of North Vancouver; Brian Lynn of the Washington Department of Ecology; Tom Slater of Ducks Unlimited Canada; and the Washington State Wetlands Network.

The views expressed are those of the authors. Any errors or omissions are, of course, solely the responsibility of the authors.

Contents

Part I. Wetlands in BC

What is a Wetland?
What are the Different Types of Wetlands? Why are Wetlands Important? Wetlands and Flood Control Filtration — How Wetlands Clean Water The Links Between Mapping and Definitions Why are Wetlands Misunderstood? Wetland Formation Wetland Processes Wetland Characteristics Wetland Hydrology and Soil Plants, Animals, and Habitat Shoreline Wetlands Riparian Zones Upland Slopes — The Watershed Above the Wetland Wetland Succession — How Wetlands Change Over Time Wetland Restoration and Creation

Wetlands in BC
British Columbia's Wetlands Two Types? A Wetland Ecology Ethic — The Tragedy of the Commons The Fate of BC's Wetlands

Part II. Wetlands Law and Policy

Protecting Wetlands in BC

1. Gathering Information About Wetlands
Who Owns the Wetland? Government Involvement with the Wetland Biological Information About the Wetland Who Manages the Wetland? How Secure is the Wetland? Privately Owned Wetlands Trespass Nuisance — Rights Available to Neighbours Publicly Owned Wetlands Government Jurisdiction Over Wetlands

2. Legal Tools for Protecting Wetlands
Federal Policies and Laws Related to Wetlands Fisheries Act Canadian Environmental Assessment Act Other Federal Laws Provincial Laws Related to Wetlands Water Act Wildlife Act Land Act Waste Management Act Environmental Assessment Act (BC) Forest Practices Code Park Act and other Protected Areas Environment Management Act Municipal Laws Related to Wetlands Municipal Act Official Community Plans Bylaws Intergovernmental programs Estuary Programs

3. Options for Protecting Privately Owned Wetlands
What Is A Conservation Covenant? Uses of Conservation Covenants

4. Wetland Stewardship in BC
Proposals for Reform of Wetland Policy Wetland Policy Fish Protection Act Water Act Forest Practices Code Provincial Riparian Setbacks Municipal Act Endangered Species Act Conclusion

Endnotes

Selected Wetland Glossary

Wetland Types: Some Names Used in North America to Describe Wet Places

Appendix — A Protection and Preservation Bylaw

Essential Wetland Reading
Government Pamphlets Videotapes Books