Denman Island: the bylaw audit
18 findings: 18 in bylaws not yet adopted. Read on 2026-09-20. Every quotation is a link to the words themselves.
Bylaw 264 would permit some additional secondary housing. We support housing people can actually build and occupy, and ask that the missing Rural Residential limit, Agriculture dwelling conflict and water-rule references be resolved. The publicly available text does not show all third-reading amendments.
The bylaws, and where each one stands
- PROPOSED Denman Island Land Use Bylaw No. 264, 2026 (not yet adopted). Read a third time on 15 September 2026. The October 2 Ministry reply says OCP Bylaw 260 had not been referred for ministerial approval. The date, receipt and outcome of any Executive Committee referral of 260 or Land Use Bylaw 264 have not been verified. Under Islands Trust Act s. 22, the one-month Executive Committee clock starts when its Secretary receives a bylaw, not at third reading.
- Denman Island Land Use Bylaw No. 186 (in force). Proposed Bylaw 264 would repeal it and all of its amendments.
Correspondence Tony Aly reported sending
Tony confirmed sending the following letter on 3 October 2026. The text shown is the version we supplied for sending, with URLs written out for plain-text email. We have not independently verified the exact transmitted copy or received a response to this letter.
Denman Bylaw 264 – publish the third-reading text and correct operative housing rules
Reported sent:
To: execadmin@islandstrust.bc.ca
Cc: northinfo@islandstrust.bc.ca
Read the prepared letter
Dear Denman Island Local Trust Committee and Executive Committee, I am writing about proposed Land Use Bylaw 264. Please send me the exact text as amended and read a third time on September 15, and confirm its present approval stage. The public cannot check a bylaw against amendments that have not been published. Our line-by-line audit (https://abolishislandstrust.org/bylaw-audit/denman) identifies several substantive issues in the publicly available text. The Rural Residential zone does not specify the number of secondary dwellings allowed on lots of at least 4 hectares. The Agriculture zone retains one principal dwelling per 15 hectares while its next provision appears to cap every lot at one dwelling. Multiple water and subdivision conditions refer to sections that concern other subjects or do not exist. A secondary suite is defined as a secondary dwelling unit while some zone rules count the two separately. These are rules owners and applicants need to apply, not cosmetic typos. I support additional homes that are actually permitted and buildable. Please publish the final reading text, identify whether the operative provisions and cross-references were corrected before approval, and explain how existing applications and permissions are treated when Bylaw 186 is repealed. Please identify each correction against the audit, including any that has already been made. If the Executive Committee has already decided, please provide its resolution and the available corrective route. This is a records and Executive Committee request, not a new Local Trust Committee hearing submission. Sincerely, Tony Aly
A letter you can send
Both bylaws received third reading on September 15. The Ministry confirmed October 2 that OCP Bylaw 260 had not been referred for ministerial approval. The Executive Committee receipt date and decision for either bylaw have not been verified. Section 22 runs from the Secretary receiving a bylaw, so the third-reading date alone does not start the one-month clock.
To: the Executive Committee of the Islands Trust
Subject: Denman Bylaws 260 and 264 – confirm referral and correct operative rules
To the Executive Committee of the Islands Trust, I am writing about Denman Bylaws 260 and 264, which received third reading on September 15. Please confirm whether and when each was referred to the Executive Committee and provide the current text and decisions. [Say here whether you own, rent or live on Denman Island, and where.] These are the points that concern me: - On Rural Residential lots of 4.0 hectares or more, the bylaw never says how many secondary dwelling units are allowed. - The Agriculture zone keeps the rule of one principal dwelling per 15.0 hectares, and the next subsection caps every lot at one dwelling unit. - Four zones send proof of water to section 8.7(1), which is the rule about lot width and depth. - The Agriculture zone sends proof of water to section 2.19, and Part 2 stops at section 2.10. - Bylaw 186 and all its amendments are repealed, and the new bylaw has no transition section. - The committee amended Bylaw 264 at third reading, and the amended text has not been published while the approval clock runs. The words of the bylaw behind each point are quoted, with a link to the place they can be read, at https://abolishislandstrust.org/bylaw-audit/denman If Executive Committee approval remains pending, please consider returning the affected bylaw under section 22(1)(b)(ii) with directions to correct the documented operative errors. If a decision has been made, please provide it and identify the corrective route. Please do not infer a one-month deadline from third reading alone. Yours respectfully, [Your name] [Your address on Denman Island, or your interest in the trust area]
Open an email to execadmin@islandstrust.bc.ca
Change anything you do not agree with, and say who you are and where you live or own land. A few sentences in your own words are worth more than ours.
The plain-words version, to print and pass on
One page, written for a neighbour, not a planner: what Bylaws 260 and 264 change, the map of the 934 lots, and the answer to the “doesn’t every R2 lot get a second house now?” question. Print the PDF (letter size, one page) · share the image (one tall image for a phone).
In bylaws not yet adopted
These can still be fixed.
Something left out · in a bylaw not yet adopted
On Rural Residential lots of 4.0 hectares or more, the bylaw never says how many secondary dwelling units are allowed.
Section 5.2(4) sets the number for lots under 4.0 hectares and section 5.2(3) limits principal dwellings only. The Agriculture and Forestry zones each state a limit. Rural Residential, which is 259 of the 894 lots we map, does not.
“Despite 5.2(3), on a lot less than 4.0 hectare in area, one (1) principal dwelling unit and secondary dwelling unit is permitted.”
“One (1) principal dwelling unit is permitted per 4.0 hectares of lot area”
“a maximum of one (1) secondary suite or secondary dwelling unit per lot is permitted”
Something left out · in a bylaw not yet adopted
Bylaw 186 and all its amendments are repealed, and the new bylaw has no transition section.
Nothing tells an owner with an application or a permit under Bylaw 186 which rules apply on the day Bylaw 264 is adopted. Section 2.9 is headed Repeal and Replacement but deals only with references to other Acts and renamed agencies.
“and all of its amendments are repealed”
“2.9 Repeal and Replacement”
Read it: Denman Bylaw 264 (proposed), s. 2.9
Two rules that cannot both be obeyed · in a bylaw not yet adopted
The definitions make a secondary suite a kind of secondary dwelling unit, and the zones count the two separately.
On the bylaw's own definition, the Agriculture zone's choice of one secondary suite or secondary dwelling unit is a choice between a thing and itself.
“an attached (secondary suite) or detached secondary dwelling unit”
Read it: Denman Bylaw 264 (proposed), the definition of “secondary dwelling unit”
“one (1) secondary suite or secondary dwelling unit”
“One secondary suite is permitted per principal dwelling unit”
Two rules that cannot both be obeyed · in a bylaw not yet adopted
The Agriculture zone keeps the rule of one principal dwelling per 15.0 hectares, and the next subsection caps every lot at one dwelling unit.
A rule of one home per 15.0 hectares can never do anything under a flat cap of one. On a 40.5 hectare lot outside the Agricultural Land Reserve, two principal homes become one.
“The minimum lot area per principal dwelling unit outside the Agricultural Land Reserve is 15.0 hectares.”
“Only one (1) dwelling unit is permitted per lot, both inside and outside the Agricultural Land Reserve.”
“15.0ha 64.0 ha 15.0 ha”
Read it: Denman Bylaw 186, s. 3.4, Table 3
A reference to something that does not exist · in a bylaw not yet adopted
The Agriculture zone sends proof of water to section 2.19, and Part 2 stops at section 2.10.
In Bylaw 186 the water rules are in section 2.8. The 17 April 2026 draft changed that number to 2.19 in all five zones, in tracked changes. Four were later changed again to 8.7(1). The Agriculture zone was missed.
“the rules for proving water for a subdivision in Section 2.19 apply”
“2.10 Applying to Make Changes to this Bylaw”
Read it: Denman Bylaw 264 (proposed), s. 2.10
“using the rules for proving water for a subdivision in Section 2.8”
Read it: Denman Bylaw 186, s. 2.1(3)
A reference to something that does not exist · in a bylaw not yet adopted
Sections 8.5(1) and 8.5(2) rely on sections 8.12(2) and 8.12(3), and section 8.12 has one subsection.
Both are exceptions to the rule against creating non-conforming lots. The provisions they point at do not exist, so nobody can tell what the exception is.
“Except as provided for in Section 8.12(3)”
“Except as provided for in regulations 8.12(2) and 8.12(3) of this section”
“8.12 Waste Disposal”
Read it: Denman Bylaw 264 (proposed), s. 8.12
A reference to something that does not exist · in a bylaw not yet adopted
The water supply standards are said to be in sections 8.7(2) to 8.7(4). Section 8.7 has two subsections, and the second is about highway frontage.
Sections 8.8(1) and 8.9(4)(b) both point there. The standards they mean are in section 8.8 itself, at 8.8(2) to 8.8(4). In 8.8(1) the words of this section also contradict the number.
“according to the standards set out in regulations 8.7(2) to 8.7(4) of this section”
“in accordance with regulations 8.7(2) through 8.7(4)”
“the minimum highway frontage is 20.0 metres”
A reference to something that does not exist · in a bylaw not yet adopted
The temporary use permit rules list a Resource zone. Bylaw 264 has no Resource zone.
Section 4.1(1) lists every zone in the bylaw. Resource is not among them. It was a zone in Bylaw 186.
“(Resource) on a farm classified under the BC Assessment Act”
“Land-Share Housing R3 Affordable Rental Housing R4 Agriculture A Forestry F Commercial C”
A reference to something that does not exist · in a bylaw not yet adopted
A site-specific rule allows a restaurant in addition to the uses in Table 1. Bylaw 264 has no Table 1.
Bylaw 186 sets out permitted uses in tables. Bylaw 264 replaced the tables with lists and repeals Bylaw 186, but rule A(2)(a) still relies on the table.
“In addition to the uses listed in Table 1 of this Section, a restaurant is a permitted principal use”
Read it: Denman Bylaw 264 (proposed), site-specific rule A(2)
“Table 1 - Permitted Uses A F RE”
Read it: Denman Bylaw 186, s. 3.4, Table 1
A reference that lands on the wrong subject · in a bylaw not yet adopted
Four zones send proof of water to section 8.7(1), which is the rule about lot width and depth.
Sections 5.1(13), 5.2(14), 5.3(12) and 5.6(17) are conditions a landowner has to meet before building. Each applies the water rules in section 8.7(1). Section 8.7 is Lot Configuration Regulations. The water rules are sections 8.8 to 8.11.
“the rules for proving water for a subdivision in Section 8.7(1) apply”
“Lot Configuration Regulations”
Read it: Denman Bylaw 264 (proposed), s. 8.7
“Proof of Potable Water”
Read it: Denman Bylaw 264 (proposed), s. 8.8
A reference that lands on the wrong subject · in a bylaw not yet adopted
A second principal dwelling needs proof of water according to section 8.7, which is about lot shape.
Section 3.5(1) calls section 8.7 proof of water for a subdivision. It is not.
“according to Section 8.7, proof of water for a subdivision”
“Lot Configuration Regulations”
Read it: Denman Bylaw 264 (proposed), s. 8.7
A reference that lands on the wrong subject · in a bylaw not yet adopted
Two site-specific farm rules make subdivision subject to section 2.8, which is Enforcement of Siting Regulations.
The words were copied from Bylaw 186, where section 2.8 was the subdivision rules. Those rules are now Part 8 and the references were not updated.
“subject to the regulations in Section 2.8 is 13.0 hectares”
Read it: Denman Bylaw 264 (proposed), site-specific rule A(5)
“subject to the regulations in Section 2.8 is 45.0 hectares”
Read it: Denman Bylaw 264 (proposed), site-specific rule A(6)
“2.8 Enforcement of Siting Regulations”
Read it: Denman Bylaw 264 (proposed), s. 2.8
“2.8 Subdivision Regulations”
Read it: Denman Bylaw 186, s. 2.8
A reference that lands on the wrong subject · in a bylaw not yet adopted
The temporary use permit rules make guest rooms subject to section 2.4, which is Violation.
In Bylaw 186 section 2.4 was the home occupation rules. In Bylaw 264 those are section 3.17.
“are subject to Section 2.4”
Read it: Denman Bylaw 264 (proposed), Part 10, Area 2, Objective
“2.4 Violation”
Read it: Denman Bylaw 264 (proposed), s. 2.4
“3.17 Home Occupation Regulations”
Read it: Denman Bylaw 264 (proposed), s. 3.17
“2.4 Home Occupation Regulations”
Read it: Denman Bylaw 186, s. 2.4
A reference that lands on the wrong subject · in a bylaw not yet adopted
The same permit area makes screening subject to section 2.7, which is Owner's Cost.
In Bylaw 186 section 2.7 was the screening rules. In Bylaw 264 those are section 3.16.
“landscape buffers and screening subject to Section 2.7”
Read it: Denman Bylaw 264 (proposed), Part 10, Area 2, Guideline 3
“2.7 Owner’s Cost”
Read it: Denman Bylaw 264 (proposed), s. 2.7
“3.16 Screening Regulations”
Read it: Denman Bylaw 264 (proposed), s. 3.16
A leftover from an older bylaw or a repealed law · in a bylaw not yet adopted
Three water provisions ask for something complying with Regulation of Section 2.6, which does not parse.
Bylaw 186 read Regulation 4 of Section 1.2. The numbers were changed and the words around them were left behind.
“complying with Regulation of Section 2.6”
“provide a covenant complying with Regulation of Section 2.6(1)”
“complying with Regulation 4 of Section 1.2”
Read it: Denman Bylaw 186, s. 2.8(14)
What the Trust has published · in a bylaw not yet adopted
The committee amended Bylaw 264 at third reading, and the amended text has not been published while the approval clock runs.
Staff describe the amendments as inserting missing parcel identifiers, with no change to zone boundaries, regulations or permitted uses. That is their account of a document nobody outside the Trust has seen.
“minor, non-substantive administrative edits to Proposed Bylaw No. 264”
Numbering and proofreading · in a bylaw not yet adopted
The numbering has four slips: a (20) between (12) and (13), a section whose only subsection is (3), no section 5.13, and a provision printed 20) with no opening bracket.
None of these changes what the bylaw means. Together they show that nobody read the text from beginning to end before third reading.
“(20) The minimum setback from any lot line for a produce stand”
“(3) Where a lot to be subdivided is split by one or more zone boundaries”
“5.14 Marine Service (W2) Zone”
Read it: Denman Bylaw 264 (proposed), s. 5.14
“20) The following table denotes locations”
Numbering and proofreading · in a bylaw not yet adopted
The bylaw's own title page spells the committee COMMITEE and dates the bylaw 2022. Section 1 on the same page cites it as 2026.
The Executive Committee approves a bylaw by its citation, and the page that gives the citation disagrees with itself.
“DENMAN ISLAND LOCAL TRUST COMMITEE”
“LAND USE BYLAW NO. 264, 2022”
“This Bylaw may be cited for all purposes as the “Denman Island Land Use Bylaw No. 264, 2026””