Policies, plans, and bylaws

A common challenge in source protection is that water suppliers often do not have authority in source watersheds.

This tool provides guidance on the plans, policies and bylaws that are within local government jurisdiction, which can be used to support source water protection.

Table 9 describes the legislative and policy tools available to municipalities, regional districts and improvement/irrigation districts.

Table 9: Comparison of characteristics for local roles and responsibilities

Characteristics

Municipality

Regional District

Improvement District

MAIN LEGISLATION

Community Charter and Local Government Act

Local Government Act

Local Government Act, Part 17

REPORTING TO THE PUBLIC

Council meetings and minutes
Public notices
Annual report

Board meetings and minutes
Public notices

Board meetings and minutes
Annual general meeting

BYLAWS INVOLVED IN WATER PROVISION

Official Community Plan
Zoning Bylaw
Subdivision and Servicing Bylaw
Water Bylaw

Regional Growth Strategy
Official Community Plans
Zoning Bylaws
Subdivision Servicing Bylaws
Local Area Service Bylaws

Restricted to bylaws that regulate the services operated by the Improvement District

FORMS OF REVENUE TO FINANCE WATER

Property taxes
Local service area taxes
Development cost charges
Fees and charges
Reserve funds
Latecomer charges and cost recovery for excess or extended services
Grant programs

Local service area taxes
Development cost charges
Fees and charges
Reserve funds
Latecomer charges and cost recovery for excess or extended services
Grant programs

Taxes on the basis of parcels, values, or areas
User rates and charges
Developer charges (capital expenditure charges)
Reserve funds
Sinking funds
Connection charges
Latecomer charges and cost recovery for excess or extended services

(adapted from the AGLG Perspective Series Booklet)

Note: Regional governments can also indirectly protect source water via the Riparian Areas Protection Regulation (RAPR), although its applicability across watershed levels is limited. The RAPR does not apply to: farming activities; mining; hydro facilities; forestry activities; federal and First Nation lands; parks and parkland; and institutional developments.

How to use this tool

Refer to Table 10 to learn how common local government plans, policies, and bylaws can be used to protect drinking water sources.

If your community already has many of these documents in place, use the information provided to add or improve source water protection measures during updates.

Pro Tip: Check out this database of toolkits and guides that provide more detail on bylaws and regulatory approaches to ecosystem protection available to local governments. Make sure to review the Green Bylaws Toolkit, which presents a series of local government policy and planning tools for ecosystem protection and a collection of sample bylaw wording from around BC that can be used by communities developing their own bylaws.

  

Table 10: Local government plans, policies, and bylaws to support source water protection

Type of plan,
policy or bylaw
How to use for
source water protection

Regional Growth Strategy (RGS)

WHAT IT IS:

  • Directs long-term planning (minimum 20 years) for regional district and municipal official community plans
  • Sets commitments made by a regional district and its member municipalities on social, economic, and environmental goals and priority actions
  • Promotes efficient use of water resources to support and enhance regional sustainability and resilience
  • Supports data collection and mapping

USE IT TO:

  • Include policies related to source water protection in RGS chapters focused on land, water resources, health, climate and ecosystems
  • Designate urban growth boundaries and concentrate a high percentage of development where water is available
  • Coordinate the acquisition and protection of sensitive ecosystems of regional significance
  • Integrate the management of shared watersheds
  • Discourage development in areas where water quantity or quality is insufficient
  • Encourage watershed and aquifer mapping, groundwater and surface water monitoring, and watershed management plans
  • Designate groundwater recharge areas or aquifer protection areas
  • Encourage the adoption of water conservation bylaws and demand management programs
  • Promote rainwater infiltration

STRENGTH:
Promotes consensus and coordination among communities

LIMITATION:
Lacks specificity and enforceability

Official Community Plan (OCP)

WHAT IT IS:

  • Describes the long-term vision of the community
  • Sets a general direction for objectives and policies that guide decisions on planning and land use management

USE IT TO:

  • Map sensitive ecosystems and designate environmentally sensitive areas (ESAs)
  • Provide policies on the areas that impact source waters:
    • Natural environment – describe how the local government will protect existing natural ecosystems, lakes, streams, wetlands, groundwater, and sensitive drainage areas, and restore degraded ecosystems
    • Climate change – describe how to adapt to changes in water quantity and quality
    • Infrastructure – describe stormwater, drinking water, wastewater, water intake zones, flooding, and green infrastructure plans for the community
    • Growth – designate land uses and prescribe densities that concentrate development in areas away from sensitive ecosystems; establish amenity bonus and density policies; and protect green infrastructure
    • Commit to a collaborative and integrated watershed management approach to coordinate action on the community water supply, rainwater management, green infrastructure, and government regulations
    • Specify site design that maintains natural hydrological cycles
    • Require development proposals to conform to BMPs Set out policies for land acquisition
    • Include designations of environmental Development Permit Areas (see below) their justifications and detailed guidelines for development in these areas (e.g., environmental assessment process, riparian setback, erosion and sediment control, vegetation protection, and landscaping requirements)

STRENGTH:
Contains policies with which regulatory bylaws must not be in direct conflict (e.g., an OCP that addresses water protection is a good foundation for bylaws that contain specific and enforceable standards and policies that protect water)

LIMITATION:
Often treated as a policy that does not have direct impact on daily operations; typically, does not apply to Crown lands where many of the headwaters and key areas for source protection are located

Type of plan,
policy or bylaw
How to use for
source water protection

Development Permit Area (DPA)

(designated within Official Community Plans)

WHAT IT IS:

  • Designates area(s) where special guidelines apply through an OCP
  • The Local Government Act enables local governments to designate DPA(s) for one or more of the following purposes that could act to protect source waters:
    • Protection of the natural environment, its ecosystems and biological diversity
    • Protection of farming
    • Protection of development from hazardous condition (e.g., flooding)
    • Establishment of objectives to promote water conservation

USE IT TO:

  • Regulate development around streams, lakes, wetlands, sensitive drainage areas, and groundwater protection zones
  • Prohibit site disturbance before development approval
  • Specify area(s) of land that must remain free of development, except in accordance with any conditions contained in the permit
  • Require construction of works to preserve, protect, restore or enhance natural watercourses or other specific natural features
  • Specify protection measures, including planting or retaining vegetation to conserve, protect, restore or enhance sensitive ecosystems, or control drainage and erosion
  • Require an environmental impact assessment and specialized information before the permit is issued
  • Create guidelines for BMPs

STRENGTH:
Specifies how development can occur on a site, while protecting the natural environment; more fine-grained tool than standard zoning

LIMITATION:
Requires additional staff expertise and time to review applications and set permit conditions

Zoning Bylaw

WHAT IT IS:

  • Regulates the use, density, and development standards of property
  • Sets standards on aspects of development that impact water resources on the site or in the area

USE IT TO:

  • Preserve large lots located outside of designated urban area
  • Set density bonuses for specific zones
  • For each zone, establish the maximum percentage of the land area that impermeable material may cover Include requirements for parks, density bonuses, and clustering of new house sites in rezoning.

STRENGTH:
Provides several ways (e.g., lot sizes, density, setbacks, permitted uses) to direct development away from sensitive ecosystems, including watercourses and aquifers

LIMITATION:
Lacks details to respond to site-specific ecological conditions

Subdivision and Development Servicing Bylaw

WHAT IT IS:

  • Sets the standards and specifications for works and services, and sets out the application procedures in connection with the subdivision and development of land within local government boundaries

USE IT TO:

  • Provide stormwater runoff (drainage and infiltration) requirements: include a rainwater management design and policy manual; require that post-development site runoff match pre-development levels; include standards for erosion and sediment controls; require the inclusion of climate change in projections
  • Include rural landscaping and road design requirements that protect ecosystems: no curbs; shallow drainage swales; narrow pavement; significant revegetation
  • Require wells to be closed when property gets connected to community water system (this can also be done by independent bylaw)
  • Require bonding for future operations and maintenance of larger systems
  • Adopt policy and design manuals focused on rainwater infiltration, low impact development, and green infrastructure

STRENGTH:
Can support water protection by including standards for on-site infiltration, erosion control, low impact development, and water conservation practices and requesting additional information in support of an application (e.g., environmental assessment)

LIMITATION:
Does not respond to site-specific ecological considerations and only triggered when new subdivision or development occurs

Type of plan,
policy or bylaw
How to use for
source water protection

Regulatory Bylaw(s)

WHAT IT IS:

  • Establishes parameters for how a landowner may carry out an activity

USE IT TO:

  • Regulate landscaping, soil deposit and removal, tree protection, watercourse protection, pesticide use, invasive species, well closure, sanitary sewer storm drain, drainage, and flood hazards

STRENGTH:
Are proactive and reactive; can require landowners to obtain permits before carrying out activities that have an environmental impact and can enable staff to enforce the bylaw(s) through ticketing or court action

LIMITATION:
Potential for standards to be too stringent and costly to administer and can be difficult to enforce

Master Plan(s)

WHAT IT IS:

  • Provides a road map of projects and programs for local governments to undertake in the short, medium and long term to make sure a community keeps pace with population growth, delivers adequate services, and protects public health and the environment
  • Examples include water, stormwater and drainage, liquid waste, asset management, and parks and recreation

USE IT TO:

  • Identify and prioritize projects that will help improve water quality and protect sources

STRENGTH:
Gives the community the ability to make informed decisions that uses financial and other resources effectively

LIMITATION:
Can lead to problems if not well conceived or too inflexible

Other Water-Related Plans

Standalone plans such as water conservation plans, rainwater management plans, drought management plans, integrated lake management plans, and floodplain management plans can be used to protect water sources.

Intake Protection Zones

An Intake Protection Zone (IPZ) is developed based on typical water travel times at a specific intake to provide 2 hours of travel time between a potential contaminant and the intake. IPZs were developed as part of Okanagan mainstem lake source assessments at the encouragement of Interior Health. However, gaining legal recognition has been slow. Marinas and hazardous land uses continue to be built within IPZs in the Okanagan. If a Licence of Occupation (LoO) is sought, the Government of British Columbia usually requires that the management of all dock licensing within the LoO also be managed by the municipality. Nonetheless, inclusion in an Official Community Plan and municipal mapping have also been pursued to help guide development and activities within IPZs. For example, the City of Kelowna has included their four IPZs in their 2040 OCP.

Case Studies

Lake Windermere Management Plan

The Lake Windermere Management Plan was initiated by the Regional District of East Kootenay (RDEK) in November 2008 to address concerns that increasing development and use could lead to a…

Go to Case Study

Links

Go to Tool 4 – Education and engagement
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We are all downstream.

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A healthy watershed is central to clean and abundant source water.

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Establishing setbacks, restoring riparian buffer zones along watercourses, and acquiring watershed segments can save money by preventing costly impacts to source water.

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British Columbia legislation related to source water protection is complicated, and the Government of British Columbia does not have a lead water agency.

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Local action supported by stable funding and consistent and coordinated approaches is imperative to maintaining source water quality.

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Funding for this project was provided by the Ministry of Municipal Affairs, Interior Health Authority, City of Kelowna, City of West Kelowna and the Okanagan Basin Water Board. This project was also supported through the Healthy Watersheds Initiative, which is delivered by the Real Estate Foundation of BC and Watersheds BC, with financial support from the Province of British Columbia as part of its $10-billion COVID-19 response.