Retroactive Development

With the introduction of the Riparian Area Protection Regulation (RAPR) in 2019, a local government specified under Section 2 of the regulation is required to receive an Assessment Report from the responsible minister before approving a riparian development.

Shortly thereafter, the Ministry began advising local governments that it was not in a position to approve an Assessment Report where the development being assessed has already occurred without or in contravention of a permit (i.e. “retroactive development”), as doing so would be contrary to RAPR.

This has created a bureaucratic barrier to the resolution of retroactive developments – a common form of development at the local government level – with no identifiable path forward. Property owners can neither gain approval to demolish nor continue their development in the absence of an Assessment Report from the Minister.

To address this, the Ministry has advised qualified environmental professionals (QEPs) to submit a “Condition and Impact Assessment” directly to a local government in order to have a “retroactive development” approved without the need for the required ministerial notification. However; there is no mechanism to do this within the Regional District’s current bylaws.

Therefore, a procedure acceptable to the Regional District Board must be introduced into the WDP Area designation so that retroactive developments may be resolved. The proposed OCP Bylaw and Development Procedures Bylaw amendments will create an avenue for property owners to obtain a WDP for “retroactive developments”, subject to sign-off by a Qualified Environmental Professional (QEP).

Crown Land Exemption

Additionally, this update proposes an exemption of Crown land from WDP requirements. This is consistent with all other development permit areas in the OCPs.

The exemption reflects the challenges of complying with the legislative requirement to register a permit on title when no title exists for Crown land. Additionally, any enforcement of the permit would require action be taken against the relevant minister.

The Province assesses many requirements to lease Crown land that include ensuring riparian area compliance when it is licensing various uses or development of Crown land.

While work on this project remains on-going, the Regional District encourages feedback from residents regarding the WDP Area update.  Please complete the Feedback Form with your comments and:

• email to planning@rdos.bc.ca;
• fax to 250-492-0063; or
• mail or drop off at 101 Martin Street, Penticton, BC, V2A-5J9.

Danielle DeVries
Planner 1
ddevries@rdos.bc.ca