Part 4: Floodplain, Riparian, & Lakeshore Regulations The following additional definitions apply only to Part 4.1 of this Bylaw: DESIGNATED FLOOD means a flood as determined in this Bylaw based on the probability that it may occur in any given year of such magnitude as to equal a flood having a 200-year recurrence interval; OR based on a frequency analysis of historic flood records; OR by regional analysis where no adequate stream flow data is available. DESIGNATED FLOOD LEVEL means the observed or calculated elevation for the designated flood, which is used in the calculation of the flood construction level. FLOOD CONSTRUCTION LEVEL means the designated flood level plus 0.6 metres freeboard; OR where a designated flood level cannot be determined, a specified height above a natural boundary, used to establish the elevation of the underside of a floor system of any area used for habitation, business or storage of goods damageable by floodwaters or in the case of a manufactured home, the ground level or top of the concrete or asphalt pad upon which a manufactured home rests. FLOODPLAIN SETBACK means the required minimum horizontal distance from the natural boundary of a watercourse, lake, or other body of water to any fill or structural support required to elevate a floor system supporting habitable space or pad above the flood construction level, so as to maintain a floodway and allow for potential land erosion. STANDARD DYKE means a dyke built to minimum crest elevation equal to the Flood Construction Level and meeting standards of design and construction approved by the Ministry of Environment and maintained by an ongoing authority such as a local government body. 4.1 Floodplain Regulations 4.1.1 Pursuant to s. 910 of the Local Government Act, land lower in elevation than the flood construction level specified in s.4.1.4 and land within the floodplain setback specified in s.4.1.10 is designated as Floodplain. 4.1.2 The underside of any floor system used for dwelling purposes, business, or the storage of goods susceptible to damage by floodwater or top of pad of a manufactured home must be above the applicable flood construction level specified herein. 4.1.3 By the enactment, administration or enforcement of s.4.1, the TNRD does not represent that any building, including a manufactured home, located, constructed, sited or used in accordance with the provisions of this Bylaw, or in accordance with any advice, information, direction or guidance provided by the TNRD in the administration of this Bylaw, will not be damaged by flooding or erosion. Consolidated for Convenience Only Page 24 of 105
4.1.4 Flood Construction Level The following elevations are specified as flood construction levels, except that where more than one flood construction level is applicable, the higher elevation is deemed the flood construction level: a) in the case of named lakes (Geodetic Survey of Canada cited G.S.C.): Adams Lake Bonaparte Lake Kamloops Lake Little Shuswap Lake Nicola Lake Stump Lake 3 metres above the natural boundary of the lake 3 metres above the natural boundary of the lake 346.2 metres G.S.C. datum for land adjacent to the lake 350.2 metres G.S.C. datum for land adjacent to the lake 627.9 metres G.S.C. datum for land adjacent to the lake 746.5 metres G.S.C. datum for land adjacent to the lake b) 8 metres above the natural boundary of the Fraser River; c) 1.5 metres above the natural boundary of any other lake, swamp or pond and of any other watercourse not stipulated herein; d) as indicated on Province of British Columbia, Ministry of Environment, Floodplain Mapping in effect at the time or where mapping is not established: Thompson River Clearwater River Coldwater River Deadman River (downstream of Criss Creek) Nicola River North Thompson River Danish Creek Siwash Creek Spius Creek Tranquille River Barriere River Bonaparte River (downstream of Loon Creek) Blue River Bonaparte River (upstream of Loon Creek) Deadman River (upstream of Criss Creek) East Barriere River Salmon River Big Bar Creek Criss Creek Hat Creek Heffley Creek Guichon Creek (downstream of Mamit Lake) Lemieux Creek 6 metres above the natural boundary 3.5 metres above the natural boundary 3 metres above the natural boundary 2.5 metres above the natural boundary 2 metres above the natural boundary Consolidated for Convenience Only Page 25 of 105
4.1.5 Flood Construction Level Exemptions The following shall be exempt from the flood construction levels specified herein: a) renovation of a dwelling that does not involve additional gross floor area; b) in the case of a dwelling existing prior to March 29, 1985, a onetime addition that increases the floor area by not more than 25% of the total gross floor area; c) a building used exclusively as a carport, garage or entrance foyer; d) industrial development which is flood-proofed to the flood construction level; e) heavy industry development protected by standard dykes, including but not limited to processing, manufacturing of wood and paper products, metal, heavy electrical, non metallic mineral products, petroleum and coal products, industrial chemicals and by-products and allied products; f) loading facilities associated with water-oriented industry and portable sawmills; and g) farm buildings other than dwelling units and enclosed livestock housing; provided that the main electrical switchgear for any of the preceding is permanently installed above the flood construction level. 4.1.6 Farm dwelling units on parcel sizes of 8.1 hectares or more and those within the Agricultural Land Reserve and enclosed livestock housing behind standard dykes are exempted from the requirements of s.4.1.4 of this Bylaw; however, if within a flood plain or flood prone area, these buildings must be elevated 1 metre above the natural ground elevation. 4.1.7 The required elevation may be achieved by structural elevation of a habitable, business or storage area or by adequately compacted landfill on which any building is to be constructed, or manufactured home located, or by a combination of both structural elevation and landfill. 4.1.8 Where landfill is used to achieve the required elevation set out in s.4.1.4, the face of the landfill slope shall be adequately protected against erosion from flooding and no portion of the landfill slope shall extend within the applicable floodplain setback specified herein. 4.1.9 No area below the flood construction level shall be used for the installation of furnaces or other fixed equipment susceptible to damage by floodwater. 4.1.10 Floodplain Setback Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved or extended, nor shall any manufactured home be located, within the specified floodplain setbacks as specified below: Kamloops Lake Nicola Lake Stump Lake Little Shuswap Lake Any other lake, swamp or pond Fraser River Thompson River 15 metres from the natural boundary 7.5 metres from the natural boundary 60 metres from the natural boundary or within 45 metres of the top of the bank Consolidated for Convenience Only Page 26 of 105
Spius Creek Nicola River Coldwater River Salmon River Bonaparte River (downstream of Loon Creek) Barriere River Blue River Bonaparte River (upstream of Loon Creek) Clearwater River East Barriere River Raft River North & South Thompson Rivers Tranquille River Criss Creek Guichon Creek Lemieux Creek Paul Creek Peterson Creek Sinmax Creek McGillivary Creek (downstream of Sun Peaks Resort) Any other watercourse 45 metres from the natural boundary 30 metres from the natural boundary 15 metres from the natural boundary 4.1.11 If more than one floodplain setback is applicable under this Bylaw, the greater distance shall comprise the floodplain setback. 4.1.12 Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved or extended nor shall any manufactured home be located where any watercourse has steep banks and where erosion and/or landslip may occur due to the action of floodwaters, nor within 7.5 metres of the inboard toe of a standard dyke. 4.1.13 Exemptions Under the Local Government Act or a program developed pursuant to the applicable regulations, the TNRD may exempt: a) classes of development; b) specified permitted uses, or c) a building or structure on a given parcel from flood construction levels and floodplain setbacks requirements, if the TNRD has received a certified report from a Professional Engineer or Geoscientist establishing that the land may be safely used for the use intended or if it considers the exemption consistent with the Province of British Columbia Flood Hazard Area Land Use Management Guidelines, 2004. 4.1.14 An exemption pursuant to s. 4.1.13 may be subject to terms and conditions the TNRD considers necessary or advisable, including registration of a restrictive covenant against the parcel title under s. 219 of the Land Title Act incorporating any conditions or reports of the Professional Engineer or Geoscientist. Consolidated for Convenience Only Page 27 of 105
4.2 Lakeshore Development Purpose In 2004, the TNRD established the Lakeshore Development Guidelines" as Board policy and to guide discretionary decisions of the Approving Officer when considering applications within one kilometer of the natural boundary of a lake (see illustration under Figure 4.1). While the Lakeshore Development Guidelines" deal with matters beyond the scope of the zoning regulations set out in this Bylaw, they apply to critical environmental and development matters. 4.2.1 Amendments to this Bylaw for lands within one kilometer of a lake will be considered in due regard to the TNRD Lakeshore Development Guidelines and the provisions of any other applicable bylaw and legislation. Figure 4.1 Consolidated for Convenience Only Page 28 of 105
4.3 Riparian Areas Regulation (RAR) For the purposes of this section, terms shown in italics with an asterisk* are as defined in Riparian Areas Regulation BC Reg. 376/2004 (the Regulation ), as amended; refer to that Regulation for their meaning. 4.3.1 This section applies to a Riparian Assessment Area (RAA)* adjacent a stream* for the purpose of providing protection of the features, functions and conditions that are vital in the natural maintenance of stream* health and productivity, all to protect fish habitat. 4.3.2 The following areas are defined as a RAA* requiring the protection of fish habitat (Figure 4.2). These areas include all streams* and adjacent lands within: a) 30 metres of the high water mark of a stream*; b) 30 metres of the top of the bank of a ravine* less than 60 metres wide; and c) 10 metres of the top of the bank of a ravine* which is 60 metres or more wide. Figure 4.2 4.3.3 Except where exempt under the Regulation, a riparian assessment report* prepared by a Qualified Environmental Professional (QEP)* is required for development* on land identified as a RAA* for any residential, commercial and industrial activities or ancillary activities, to the extent that they are subject to local government powers under Part 26 of the Local Government Act, including: a) removal, alteration, disruption or destruction of vegetation; b) disturbance of soils; c) construction or erection of buildings and structures; d) creation of nonstructural impervious or semi-impervious surfaces; e) flood protection works; f) construction of roads, trails, docks, wharves and bridges; g) provision and maintenance of sewer and water services; Consolidated for Convenience Only Page 29 of 105
h) development of drainage systems; i) development of utility corridor; and j) subdivision as defined in s. 872 of the Local Government Act. 4.3.4 Except where a proposed development of land is entirely beyond an RAA, the owner of the land must undertake a survey of the proposed development to determine whether a riparian assessment report* is required. 4.3.5 A riparian assessment report* shall not be required where a QEP* provides a letter confirming that a stream* does not meet the definition of a stream* in the Regulation. 4.3.6 RAR Requirements Prior to undertaking any actions under Part 26 of the Local Government Act, and as defined in the Regulation, an owner of land proposed for development or their authorized agent shall apply to the TNRD for approval in compliance with the following: a) the applicant shall retain a QEP* to prepare an assessment report* for the proposed development pursuant to the Regulation; b) a copy of the completed riparian assessment report* must be submitted to the TNRD; c) any mitigation measures set out in an assessment report* must be implemented under the supervision of a QEP*, in accordance with the Regulation; d) where a QEP* assessment report* describes an area as a Streamside Protection and Enhancement Area (SPEA)*, the owner will be required to provide to the TNRD a mutually agreeable plan for protecting the SPEA* over the long term, including: i. submission to the Province of the post-development report prepared by the QEP* within two years of the date of commencement of the development; ii. registration of a restrictive covenant over the SPEA* under s. 219 of the Land Title Act securing it as a riparian buffer to remain free of development, including long-term measures to protect the integrity of the SPEA*; and iii. consideration of gifting the SPEA* area to a nature protection organization such as a conservation authority that will monitor the SPEA* in the future. 4.3.7 If the scope of a project within a RAA* changes, the applicant will be required to retain a QEP* to re-assess the development impact. Consolidated for Convenience Only Page 30 of 105