Riparian Areas Regulation Fact Sheet

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FACT SHEET 
Riparian Areas Regulation 
 
What is the Riparian Areas Regulation? 
The Riparian Areas Regulation is a provincial regulation, enacted under s. 12 of the Fish Protection Act, 
which requires local governments to protect riparian areas. Riparian areas are the areas bordering on 
streams, lakes and wetlands that link water to land. The RAR applies to new residential, commercial and 
industrial development on land under local government jurisdiction. The regulations prohibit a local 
government from approving or allowing a development to proceed in a riparian assessment area (RAA) 
unless the local government is notified by the province that the developer has provided an assessment 
report by a qualified environmental professional (QEP). The QEP report certifies that the development can 
be carried out without damaging fish habitat.  
Where does the RAR apply and how is it interpreted? 
The RAR applies to a “Riparian Assessment Area” (RAA), which is defined in the RAR to mean any area 
within 30 metres of a “stream”.  A “stream” is defined in RAR to include a watercourse, whether it usually 
contains water year round or not, that provides fish habitat. Watercourses include ponds, lakes, rivers, 
creeks and brooks as well as some ditches, springs, and wetlands if they are connected by surface flow to 
fish habitat.  
Local governments may allow development within 
30 m of the stream provided the prescribed 
riparian assessment methods have been followed. 
The riparian assessment method requires a QEP 
to provide an opinion in an Assessment Report. In 
the assessment, the QEP will establish, on a site 
specific basis, which areas within the 30 m RAA 
can be developed. The QEP may also provide 
recommendations on mitigation or enhancement 
measures specific to the development proposal.  
Remaining areas that may not be developed are 
identified as a Streamside Protection and 
Enhancement Area (SPEA). 
What type of development is subject to the RAR?  
The types of development that are subject to a riparian area assessment are residential, commercial and 
industrial. Development is not limited to buildings; for example, land clearing within 30 meters of a stream 
for a driveway or for a trail that requires a development permit should not occur prior to submission of an 
Assessment Report.   
Development not subject to assessment includes: permits issued for repair or reconstruction of existing 
structures, pre-existing buildings or structures, agricultural activities, mining activities, hydroelectric facilities 
and forestry, parks, institutional development, and development on federal and First Nations lands.  
 

The RAR DOES apply to the following activities:  
• Construction of buildings and structures; 
• Creation of non-structural impervious or semi-pervious surfaces (e.g. parking lots, patios); 
• Removal, alteration, disruption or destruction of vegetation; 
• Disturbance of soils; 
• Development of some recreational facilities (e.g. 

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