Salt Spring Island OCP Bylaw No. 434 - Shoreline and Aquatic Use Objectives and Policies

Page 1 View PDF page

Salt Spring Island Local Trust Committee 66 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.9 SHORELINE AND AQUATIC USE OBJECTIVES AND POLICIES

B.9.1 General Shoreline Use

B.9.1.1 OBJECTIVES

B.9.1.1.1 To protect our marine and freshwater shorelines.

B.9.1.1.2 To protect the most significant ecological and physical processes of marine and freshwater shorelines.

B.9.1.1.3 To identify those shoreline areas that are most uniquely suited to or traditionally used for specific purposes such as conservation, First Nations sites, public recreation, boat moorage, aquaculture, industry or transportation.

B.9.1.1.4 To avoid conflicts between shoreline uses and uses allowed on the adjacent upland.

B.9.1.1.5 To avoid shoreline uses that impede public access to and along the shoreline.

B.9.1.2 POLICIES

B.9.1.2.1 Shoreline identified as uniquely suited to or traditionally used for a specific purpose is designated for that use. Other parts of the shoreline and areas of water are designated Marine.

B.9.1.2.2 The Local Trust Committee could undertake an integrated coastal area management (ICAM) planning process to identify other appropriate areas where specific designations should be placed. Such planning should take place in consultation with the community, First Nations, and other levels of government.

BL488 (07/20) B.9.1.2.3 The Local Trust Committee may consider shoreline rezoning applications adjacent to marine dependent general employment zoning which may make upland uses economically viable without detriment to the shoreline/riparian habitat.

Salt Spring Island Local Trust Committee 67 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.9.2 Shoreline Conservation Designation

BOOTH BAY photo: M. Levy

B.9.2.1 OBJECTIVES

B.9.2.1.1 To protect the island's most environmentally sensitive shoreline areas such as tidal flats, fish and wildlife habitat, sensitive lake ecosystems, estuaries and wetlands that is not suitable for intensive development.

B.9.2.2 POLICIES

B.9.2.2.1 The areas designated for Shoreline Conservation are shown on Map 1.

B.9.2.2.2 Zones created in this Designation should not result in negative impacts to sensitive natural habitat areas. The Local Trust Committee will not consider rezoning applications that would locate large new developments in or next to this Designation.

B.9.2.2.3 Zoning should recognize the existing aquaculture operation in Walker Hook. However, zoning changes to allow expansion of the operation will not be made, unless it can be demonstrated that there will be no impacts on the area's sensitive environment or First Nation’s interests.

B.9.2.2.4 The Local Trust Committee should support the efforts of other agencies to maintain existing public accesses to the Shoreline Conservation Designation. However, if the adjacent upland is being subdivided, the Subdivision Approving Officer is encouraged to ensure that any new public accesses provide viewing areas rather than direct physical access to sensitive habitat areas.

B.9.2.2.5 In providing referral responses to Integrated Land Management Bureau, Islands Trust staff will identify any known and identified environmentally sensitive areas or habitat that may be impacted by the proposed use.

Others are encouraged to help achieve the objectives of this Section as follows:

B.9.2.2.6 The Integrated Land Management Bureau is urged to give priority to protection of the area’s sensitive ecosystems when considering tenure applications for the use of foreshore in this Designation.

B.9.2.2.7 Owners shall be encouraged to implement best practices for shoreline development, such as Green Shores.

Salt Spring Island Local Trust Committee 68 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.9.3 Shoreline Recreation Designation

B.9.3.1 OBJECTIVES

B.9.3.1.1 To identify and protect ocean and lake beaches that are especially suitable for public recreation.

B.9.3.2 POLICIES

B.9.3.2.1 The areas designated for Shoreline Recreation are shown on Map 1.

B.9.3.2.2 Zones created in the Shoreline Recreation Designation should continue to only allow structures and uses that do not interfere with the public's use of the beach and swimming areas.

B.9.3.2.3 The Local Trust Committee will not consider rezoning applications that would locate large new developments on the foreshore or over the water surface in this Designation.

B.9.3.2.4 Should the Local Trust Committee consider rezoning applications on the uplands next to this Designation, it will ensure that public access to recreation beaches would be maintained.

B.9.3.2.5 When considering applications to subdivide land next to this Designation, the Provincial Approving Officer will be requested to ensure good public access to recreation beaches.

B.9.4 Shoreline Development Designation

B.9.4.1 OBJECTIVES

FERRY DOCK artwork: B. Curran

BL488 (07/20) B.9.4.1.1 To identify adequate shoreline areas where the community's commercial, general employment, boat moorage and transportation requirements take place and where these uses could be further developed.

B.9.4.1.2 To ensure that future shoreline development takes place in a way that reduces impacts on the environment, other shoreline users and adjacent properties.

Salt Spring Island Local Trust Committee 69 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.9.4.2 POLICIES

B.9.4.2.1 The areas designated for Shoreline Development are shown on Map 1.

BL488 (07/20) B.9.4.2.2 Zoning within this designation will continue to allow the general employment, commercial and boat moorage uses allowed by current local zoning.

BL488 (07/20) B.9.4.2.3 The Local Trust Committee could consider rezoning applications to allow new general employment, commercial and boat moorage uses in this designation. Before receiving such applications, the Committee should develop guidelines for their review. The guidelines may be incorporated into Development Permit Areas or Heritage Conservation Areas and should ensure that effects on the natural environment, other shoreline users, First Nations interests and adjacent properties would be reduced.

Note: Where service is to be provided by the North Salt Spring Waterworks District, any rezoning proposals that are expected to result in a net increase in water demand must also take into account the severe restraints on the District's available water supply. Policies in Section C.3.2.2 must also be considered.

B.9.4.2.4 The Local Trust Committee should require that marinas applying for a rezoning install and operate marine pump-out facilities.

B.9.5 Shoreline Aquaculture Use

B.9.5.1 OBJECTIVES

B.9.5.1.1 To identify and protect areas with existing aquaculture operations or a high potential for use by low impact, sustainable aquaculture operations.

B.9.5.1.2 To incorporate the spirit and intent of the Farm Practices Protection ("Right to Farm") Act into local bylaws.

B.9.5.2 POLICIES

B.9.5.2.1 The areas designated for Shoreline Aquaculture use are shown on Map 1.

B.9.5.2.2 Zoning within this Designation will continue to allow the aquaculture uses allowed by current zoning. Local bylaws will not be changed in a way that would restrict or prohibit an existing aquaculture operation.

B.9.5.2.3 The Local Trust Committee should not consider rezoning applications that would locate large new developments in or next to this Designation if they would conflict with aquaculture.

B.9.5.2.4 Should the Local Trust Committee consider rezoning applications on the uplands next to this Designation, it should ensure the proposed use would not have a negative effect on aquaculture.

B.9.5.2.5 The Local Trust Committee could consider rezoning applications to allow aquaculture (except finfish farming) to occur on other parts of the shoreline where there is a low potential for conflicts with other land and shoreline uses. The Local Trust Committee should develop guidelines for the review of aquaculture applications. The guidelines should address the interests of First Nations, including their interests in access to traditional beach resources, aquaculture and protection of heritage sites.

B.9.5.2.6 When commenting on applications to subdivide uplands adjacent to this Designation, Islands Trust staff should request the Provincial Approving Officer to ensure the proposed subdivision be designed to minimize impacts on aquaculture.

Salt Spring Island Local Trust Committee 70 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

B.9.6 Other Marine Use

B.9.6.1 OBJECTIVES

B.9.6.1.1 To accommodate the desire to construct private residential docks next to upland residential areas along the shoreline.

B.9.6.1.2 To identify any areas that should be reserved for specific uses.

B.9.6.1.3 To reduce the impact of zoning changes and development on the natural environment, other shoreline users, First Nations interests and adjacent property owners.

B.9.6.2 POLICIES

B.9.6.2.1 The shoreline and water surface areas designated as Other Marine Use and Marine Lake are shown on Map 1.

B.9.6.2.2 Zoning will continue to allow the residential dock uses allowed in current zoning and existing aquaculture leases, including communal docks that serve more than one property. Structures for residential use should continue to be limited to private docks and floats for access to residential uses and residential accessory uses allowed on the adjacent upland.

B.9.6.2.3 The Local Trust Committee will encourage the joint use of private docks to reduce impacts on the natural and aesthetic environment.

B.9.6.2.4 The Local Trust Committee could consider applications to rezone foreshore in this Designation for other uses than those allowed by existing zoning. The Committee should first establish some criteria for evaluating such applications to ensure impacts on the natural environment, other foreshore users, First Nations interests and adjacent property owners are addressed and minimized.

B.9.6.2.5 In responding to referrals of applications to use the foreshore in this area, Islands Trust staff should request that the protection of especially sensitive areas be given consideration. In particular, referral responses should not support major new structures:

a. in areas where the adjacent foreshore is known to be unstable. b. in areas frequently used by the public for recreation. c. in areas known to have a high potential for aquaculture or recreational shellfish harvesting; d. in areas known to have a high value as fish or wildlife habitat. e. next to associated islands and islets around Salt Spring Island. f. in areas known to have heavy marine traffic or marine safety concerns. g. in areas known to have a First Nations archaeological heritage site or believed to have a high potential for such a site.

Others are encouraged to help achieve the objectives of this Section as follows:

B.9.6.2.6 Fisheries and Oceans Canada is encouraged to establish public shellfish reserves on uncontaminated shellfish beds with good public access.