Legal Options For
Protecting Urban Streams

West Coast Environmental Law
Research Foundation Workshop

SFU Harbour Centre, Vancouver, Friday, June 14, 1996

Municipal Act — Powers to Protect Urban Streams, Erik Karlsen, Ministry of Municipal Affairs

Speaking Notes

Protection and Management System — Activities
  • Identify
  • Approve
  • Designate
  • Monitor
  • Prescribe
  • Enforce
  • Regulate
  • Remedy
Ecosystem Approach
  • Bioregional
  • Watersheds (Greenways)
  • Marine Areas (Coastal Zones)
Local Government Tools
  • Plans
  • Approvals
  • Regional Growth Strategies
  • Subdivision
  • Regional Context Statements
  • Development
  • Official Community Plans
  • Building
  • Regulations
  • Other
  • Zoning (land use, siting and parcel size)
  • Parks System Plans and Acquisitions
  • Subdivision Servicing
  • Liquid and Solid Waste Management Plans / Works and Services
  • Tree Cutting
  • Road Network Plans / Works and Services
  • Soil Removal and Deposition
  • Municipal Maintenance Management Programs
  • Agreements
Delivering Stewardship
The Actors
  • Governments
  • federal
  • provincial
  • local
  • aboriginal
  • NGOs (environmental and others)
  • regional and provincial
  • community level
  • Owners (homes, business, industry, institutions)
  • Developers
The Settings and Challenges
  • Already developed
  • Existing Small Lot Development
  • Urban Redevelopment
  • Mixed Use and Densities
  • New Urban Subdivision
  • New Comprehensive Development
  • Rural Subdivision and/or Cluster Development

Overheads

  

  

  

Summary

In the mid-1970s or 1980s we would likely have had only half a dozen people at a meeting like this. It is encouraging to see interest in legislation at the local level.

Some protection and management system activities are present in the Municipal Act, some are elsewhere. The Fisheries Act does some identification but not monitoring or enforcement. Enforcement is not a requirement of government. There is also the whole issue of remedying.

Another way to think about the issues is to take an ecosystem approach, looking at bioregions, watersheds (greenways) and marine areas (coastal zones). Municipal government arose from the idea that communities should deal with the provision of local services to property. The have a number of tools which fall into the categories of plans, regulations, agreements, approvals and others.

Governments, NGOs, owners and developers all have a role to play in delivering stewardship. The playing field is not even. In looking at `the setting' there are already developed sites (existing lot development, urban redevelopment and mixed use and densities), new urban subdivisions, new comprehensive development, rural subdivision and/or cluster development.

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West Coast Environmental Law web site -- Last modified on 11/12/03.