A meeting with staff from the CSRD and the Fishery & Oceans Canada (F&OC) Habitat Management Biologist and representatives from the Shuswap Waterfront Owners Association and of the North Shuswap Chamber of Commerce, it lasted about 3 hours.
As background information, the Area F APC asked that representatives to discuss the Lakes Zoning Bylaw and in particular; specific points in the bylaw that are of concerns from some community members, with CSRD staff. The one concern; was about the requirement that docks maintain a depth of 1.5 m of water depth at all times. This proposed requirement stems from F&OC guidelines and the F&OC’s rationale is;
(1) reduced growth of aquatic vegetation due to shading;
(2) altered local water currents and related patterns of sediment transport and
deposit;
(3) interference with rearing fish and fish food items such as insects, plankton
and algae; and
(4) damage to the lakebed, suspension of lakebed sediments and reduced
water quality from propeller wash.
Some of the potential suggested solutions that came out were: rewording the 1.5m water depth rule to, only apply to the end of the dock furthest away from shore (as opposed to having to have 1.5m depth under all parts of the dock), and/or having the 1.5 m rule apply only between the dates of Sept 15th and May 15th, which are key fish spawning months. If this was changed, then it would mean that during the busy summer months, people would not have to meet the 1.5m rule (it needs to be pointed out that, this rule only applies to new docks, not existing ones). There are few if any people that have their docks out from Sept 15 to May 15th.
Another point of concern in the bylaw that has some residents concerned is the 24 sq. m rule for dock sizes. The 24 sq. m was chosen as the maximum size in the zoning bylaw because it is the threshold used by DFO and ILMB; not a CSRD requirement but a law insisted to the CSRD from the feds and province. However, through development permits, staff can vary the maximum size of the dock to to accommodate local needs and lakebed conditions. The cost is $100 to do this and you only have to pay that once. That is only the CSRD internal costs to the taxpayers for processing and registering the DP on title are, but there are some other issues and costs that will have to be dealt with as well;
- ILMB application fee of $280
- Section 9 required – MOE fee of $130
- ILMB permitting takes on average about 6 months if no issues and Best management Practices are followed.
- Cost to hire a biologist if needed.
- Biologist would need the following supporting work
- Lake bathymetry - $1000
- Drawings – cross section showing clearance at typical May 15 to Sept 15 water levels, plan showing horizontal location of proposed dock - $1500
In the mind of the representatives from SWOA and NSCC felt that their inquiries were not listened to but rather they were told were lectured from the F&OC rather than listening to their concerns or discussing alternatives or compromises. F&OC was given a copy of specific concerns that was intended as an agenda for the discussion, any attempt to refer to specific items was ignored. The scientific studies presented were either dismissed as being based on “sloppy sampling” or ignored. They felt that F&OC does not feel that the Chamber members, SWOA members, or the members of the APC have any legitimate role in providing input on the proposed bylaw. The most illuminating part of the meeting, to them, was how little ownership the CSRD has with respect to this bylaw and that the F &OC and MOE are using the CSRD to advance their agenda and are abusing the local government process.
There are some points the CSRD is going to follow up on to find solutions are:
1. they are going to pursue whether the 1.5 m depth rule this could be amended tor require 1.5 m at the lake end of the dock with the understanding that owners would dock stern out.
2. they are going to consider the same rules for non settlement areas as for settlement areas. This was opposed by Bruce as they want people in non settlement areas to have elevated pier
heads to maintain the 1.5 m depth.
3. they are going to attempt to have F&OC and ILMB reconsider:
a. Raising the maximum dock size threshold to something larger than 24 m2.
b. Eliminating the ramp area from the maximum surface area calculations. Oddly
enough, this seemed to have some support from the F&OC.
The most troubling part was seeing how a local government process is being hijacked by other organizations.
The one positive point that was made by the F&OC is that boat launches in the North Shuswap and other areas of the lake are not off the table. With a proper planning, design and compensatory shoreline rehabilitation, it may be possible to provide better access to the lake for all.
As you can see there are some serious differences; F&OC seems to hold the cards in their hands. However if their science is wrong; then much of what we do at the CSRD level has to changed. The F&OC is challenged like all government agencies that they are too lenient and they seem to have little funding for research to address conflicting scientific opinion. In allowing works on the lakes they let the Qualified Environmental Professional have the last say and they tend to be quiet on these developments. From what I hear there is a growing group of local government representatives and the public that are uncomfortable with allowing the person who is being paid by the applicant to decide if aquatic habitat is being impacted or not. Just as a note, QEP’s under RAR for works above the HWM follow a regimented process that while often illogical, leaves no room for discretion or professional judgment. QEP’s under RAR are only qualified to work within 30 m above the HWM. Works below the HWM (docks) go through a thorough review by ILMB, MOE, and F & OC. In these cases the QEP is an R.P.Bio and negotiates with the agencies so there is lots of oversight. Should this method be changed also? We have the situation here where the science has apparently 2 different opinions on development on the lake affects life in and around the water. I think we all want to do the right thing for the lake but what is the right thing?