Riparian Areas Protection Regulation – A Follow-up

Following the posting of our newsletter article on this topic last month SWOA received several questions from members asking for additional information. As the answers could be of general interest to our members it was decided to draft a follow-up article on the topic.

As noted in the October newsletter, the Riparian Areas Protection Regulation (RAPR) dictates how far back (setbacks) from the high-water mark development can take place on waterfront properties. When you look at the regulation you will find that the setbacks are defined in terms related to a “stream”. But aren’t we talking about a lake here? We are but to find some clarity you have to refer to the BC Water Sustainability Act definitions which define a “stream” to include:

“(a) a natural watercourse, including a natural glacier course, or a natural body of water, whether or not the stream channel of the stream has been modified, or

(b) a natural source of water supply,

including, without limitation, a lake, pond, river, creek, spring, ravine, gulch, wetland or glacier, whether or not usually containing water, including ice, but does not include an aquifer; (Bolder text for emphasis)”

So you can see that the use of the word “stream” in the context of the RAPR is being interpreted broadly.

The RAP Regulation (RAPR) is applied Province wide and therefore has been drafted to cover conditions that might be found along “streams” generally. In many areas the concern that is being dealt with relates to the mitigating effect that stream side vegetation can have on the thermal conditions in the stream and the maintenance of fish habitat. However in the context of a large lake, like the Shuswap, shading by trees along the shoreline will have very limited effect on the overall thermal balance in the lake. Therefore, the agencies have provided guidance in relation to the aspect of the property - does the property face, north, south, east or west? - and there is no longer any flexibility with respect to setbacks.  If your property faces north, the setback is 30 m.  If you face south, west, or east the setback is 15 m.

We have been asked how the RAPR would apply to property that might be situated on a point or in a bay that would have differing waterfront aspects?  Generally, the dominant aspect of each section of the waterfront will dictate the setback. So if part of the property faces northeast, a trigonometric calculation would be made to determine how large the setback should be along this part of the shore. It is conceivable that part of the property on an east facing point could have a setback of 30 meters for the north side of the property, perhaps 22 meters for the northeast facing waterfront, and 15 meters for the parts facing south, south east, or east.

This illustration has been provided just to indicate that for many situations the property owner should seek expert help in assessing the expected setbacks before building on their waterfront property.