The following is a copy of a
June 20, 2005 presentation to the Squamish-Lillooet Regional District
(SLRD). Below the presentation transcript are selections
from portions of SLRD Bylaw 765 pertaining to the public review of
Bylaw 833. As seen in Bylaw 765, the definition of "Community
Watershed Protection" does not "protect" the public's drinking water,
but conforms to the definition imposed upon provincial water users by
the provincial government that allows for resource development
DISTRICT (SLRD) PUBLIC HEARING
ON BYLAW 833 (to amend By-Law No. 765, 2002)
Rezoning Community Watersheds in Electoral Area “C”
From RR1 (RM) Sub Zone to “Community Watershed Protection” Zone:
D’Arcy, Rogowski (Birkenhead), (part of) Peq (Mt. Currie), McCullock
(Lillooet Lake), Cataline (Lillooet Lake), (part of) Rideau Brook
(Whistler), (part of) 21 Mile (Whistler), (part of) Blackcomb, and
(part of) Whistler Creek Watersheds
A Presentation by Barry Welsh,
D’Arcy, Electoral Area “C”
June 20, 2005.
I want to thank the SLRD for acknowledging the critical value of our
drinking water sources in Electoral Area “C” by finally providing
Regional rezoning of them in the proposed By-Law No. 833 to status of
“Community Watershed Protection” (CWP). By doing so, it is
consistent with and conforms to the current zoning of other community
watersheds within the SLRD (i.e. By-Law No. 765).
As such, I understand from the SLRD’s Planning Department that the
rationale for the SLRD’s status of “Community Watershed Protection” is
to help bring a measure of regional government accountability and
restraint over these Crown lands from provincial government resource
planning of licensed resource activities within them, administered,
primarily through the Forest
Practices Code and the Forest
and Range Acts, and other government legislations. As we
know, these provincial legislations fail to really “protect” our
drinking watershed sources, the reason why the SLRD must accordingly
and obviously zone them with its own protective By-Law.
Given the nature of this Public Hearing on By-Law No. 833 for these
nine drinking watersheds, I have a number of questions and concerns.
1. The origin of “CWP”.
I would like an explanation on when the SLRD’s concept of CWP was first
introduced and what triggered it.
2. The application and
effectiveness of CWP.
What has been the effectiveness of CWP? Could you provide
specific examples of where and how it has been applied.
I fail to understand why all the community watersheds in the SLRD were
not all provided with the same blanket status of CWP at the same
time. Why was Area “C” left without CWP status for so long?
4. Status of community and
How many community and domestic watersheds are there within the SLRD’s
boundaries, and what are their names. Do/will they all have CWP
5. The definition of “CWP” -
does it go far enough?
What is the SLRD’s definition of “protection” in the zoning term
“Community Watershed Protection”?
I see that “community watershed” is defined in the Interpretation
section of By-Law 765 (2002) as what is defined under the Forest
Practices Code of British Columbia Act. However, I do not find a
separate definition of “Community Watershed Protection” in the same
Interpretation section. It should be defined here separately from
the provincial government’s definition and standards for Community
In Section 15.1 (a) of By-Law 765 (page 36), the SLRD apparently
approves of “community watershed management”, but I don’t see a
definition of what “management” actually means. I assume that
definition to be under the provincial government’s Forest Practices
Code, identified in 15.1 (b), the allowance of “timber
harvesting”. From what I have so far discerned, the SLRD’s
“Community Watershed Protection” does not actually mean “complete”
protection, which was my first impression of your By-Law.
6. Land Act Watershed Reserves not
I learned not too long ago by a representative from the B.C. Tap Water
Alliance (www.alternatives.com/bctwa, Watershed Reserves Section) that
some of the community watersheds in the SLRD were provided with
legislation under the Land Act
as Watershed Reserves. I was told that D’Arcy Creek was such a
Reserve in Area “C”, but I don’t see that designation reflected in your
By-Law 833. Could you tell me what this means, and how many other
watersheds in the SLRD have also been provided with designations as
Watershed Reserves. If this legislation is only given to a few of
our watersheds, should they not all be provided with the same
7. The CWP zoning and the
Sea-To-Sky Land and Resource Management Plan.
With the recent planning discussions between the provincial government,
First Nations and the SLRD regarding the Sea-To-Sky LRMP, how are our
community watersheds defined and designated for “protection”?
What is the difference between the provincial government’s definition
of “protection” and the SLRD’s definition?
In contrast to the provincial government, I believe that the SLRD must
take a strong position on the actual “complete protection” of these
valuable public assets. Such a strong and clear position should
be carefully defined in By-Law 833, and redefined in By-Law 765.
This may constitute a separate public forum and discussion for such by
the SLRD in the near future. As a result, I recommend that the
SLRD Board refer By-Law 833 back to the Planning Department and
Committee for appropriate amendments to reflect my concerns.
I would ask the SLRD to provide a full written response to all and each
of my questions and concerns. Thankyou.
Regional District - Electoral Area C Zoning Bylaw No. 765, April 2003
1. This bylaw may be cited as Squamish-Lillooet Regional District
Electoral Area C Zoning Bylaw No. 765, 2002.
2. Schedules A and B, detailed below, are attached to and form part of
Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No.
765, 2002: (a) Schedule A (Zoning Bylaw Text); (b) Schedule B (Zoning
3. The Squamish-Lillooet Regional District Zoning By-law No. 20, 1970
and Squamish-Lillooet Regional District Zoning By-law No. 72, 1975 as
they apply to Electoral Area C, all amendments to Bylaws 20 and 29
pertaining to Electoral Area C and Squamish-Lillooet Regional District
Zoning By-law No. 29, 1972 and all amendments to Bylaw 29, are repealed.
READ A FIRST TIME this 12th day of December, 2002.
READ A SECOND TIME this 24th day of February, 2003.
PUBLIC HEARING HELD on the 17th and 19th day of March, 2003.
READ A THIRD TIME this 28th day of April, 2003.
APPROVED pursuant to Sec. 54(2) of the Highway Act this 5th day of May,
APPROVED BY THE MINISTER OF COMMUNITY, ABORIGINAL and WOMEN’S SERVICES
on the 26th day of May, 2003.
Approval No. 2003074
ADOPTED this 23rd day of June, 2003.
I hereby certify this to be a true and correct copy of
“Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No.
765, 2002” as adopted June 23, 2003.
Paul R. Edgington
Schedule A to Zoning Bylaw No. 765
PART 1 - INTERPRETATION
1.1 In this bylaw:
“Board” means the Regional Board of the Squamish-Lillooet Regional
“community watershed” means all or part of the drainage area above the
most downstream point of diversion for a water use that is for human
consumption and that is licensed under the Water Act for a domestic
purpose or a waterworks purpose as defined under the Forest Practices Code of British Columbia
"farm operation" as defined in the Farm Practices Protection (Right to
Farm) Act means any of the following activities involved in carrying on
a farm business:
(d) applying fertilizers, manure,
pesticides and biological control agents, including by ground and
(e) conducting any other agricultural activity on, in or over
(f) intensively cultivating in plantations, any
(i) specialty wood crops, or
(ii) specialty fibre crops prescribed by the minister;
“livestock” includes cattle, horses, mules, donkeys, sheep, goats,
swine, bison, llamas, alpacas, poultry and rabbits;
“natural boundary” means the visible high-water mark of any lake,
river, stream, or other body of water where the presence and action of
the water are so common and usual, and so long continued in all
ordinary years, as to mark upon the soil of the bed of the lake, river,
stream, or other body of water a character distinct from that of the
banks thereof, in respect to vegetation, as well as in respect to the
nature of the soil itself;
"watercourse" means any natural or man-made depression with a bed 0.6
metres or more below the natural elevation of surrounding land:
(a) serving to give direction to a
current of water at least six months of the year according to records
kept by the province of British Columbia; or
(b) having a drainage area of two square kilometres or more.
PART 4 - GENERAL ZONING PROVISIONS AND
ESTABLISHMENT OF ZONES
4.1 (1) Electoral Area C is divided into the following
zones and sub zones:
RR1 Rural 1
RR1Res Rural 1 - Rural Residential sub zone
RR1Res(sd) Rural 1 – Rural Residential (single
dwelling) sub zone (Amendment By-law 850)
RR1RM Rural 1 - Resource Management sub zone
RR1TA Rural 1 - Tourist Accommodation sub zone
RR1LUC Rural 1 – Land Use Contract sub zone
AGRPF Agriculture – Pemberton Fringe sub zone
MHP Mobile Home Park
C1 Community Commercial
TC1 Tourist Commercial 1 sub zone
TC2 Tourist Commercial 2 sub zone
TC3 Tourist Commercial 3 sub zone
TC4 Tourist Commercial 4 sub zone
TC5 Tourist Commercial 5 sub zone
I1 Light Industrial
I2 Resource Industrial
I3 Independent Power Project
PA1 Public Assembly and Institutional
USES PERMITTED IN ALL ZONES
4.2 (1) The following uses are permitted in all zones except the
Independent Power Project and
Community Watershed Protection
(a) home based business;
(b) bed and breakfast home;
(c) auxiliary uses, buildings and structures;
(d) parks and playgrounds;
(e) community halls, libraries, fire halls, ambulance and first aid
stations and police stations;
(f) licensed community care facilities where the building or structure
to be used by the community care facility will be used
(i) to provide day care for no more
than 8 persons, or
(ii) as a residence for no more than 10 persons, not more than 6 of
whom are persons in care;
(g) horticulture, silviculture and forest management;
(h) buildings, to a maximum floor area of 50 m2, housing
telecommunications equipment, waterworks pump stations, sewer system
lift stations and similar unattended public utility equipment and
machinery; with no exterior storage of any kind.
PART 5 - ZONES
COMMUNITY WATERSHED PROTECTION
15.1 Land, buildings and structures in the CWP zone
shall be used for the following purposes only:
(a) community watershed management for
protection of domestic water supplies;
(b) timber harvesting consistent with community watershed values as
determined by analyses in conjunction with a watershed assessment
procedure under the Forest Practices
(c) unattended public utility buildings to a maximum floor area of 50
m2; with no exterior storage of any kind, and no garage for the repair
and maintenance of equipment.