Development Permits

Development permits regulate land use to ensure that areas are developed in a manner that aligns with environmental protection and the protection of ecosystems, biodiversity. [^12] Development permits may also be used to protect a development from hazardous conditions. A Development Permit Area (DPA) may restrict development in areas except for any conditions also included in the permit.[^1] A DPA may also identify lands that are prone to coastal hazards so that these hazards can be addressed before the development of the land.[^2] Implementation of a development permit requires the designation of a DPA by the Official Community Plan which includes an amending bylaw and public hearing and approval by the local government.[^3] Challenges can occur if the background studies of hazards and environmentally sensitive areas are not well justified.[^4]

Types of development permit

• Riparian protection development permits are necessary for activities and development located with a riparian area of a wetland or a watercourse with fishes. A riparian area refers to the land or vegetation near a watercourse. [^15]
• Geotechnical hazard development permits are required for development in areas that are susceptible to geotechnical failures, e.g., landslides, and rolling rocks. Geotechnical hazards may be defined based on characteristics such as slope steepness. [^16]
• Floodplain development permits are required for development within a special flood hazard area. The permit is used to ensure that development is undertaken in accordance with a floodplain management ordinance. [^17]
• Shoreline development permits seek to protect the resources and ecology of a shoreline or watercourse. A substantial development permit may be required for construction within 200 feet of a lake, river, or stream where the value of the construction exceed a market value threshold [^18]

✓ Benefits

• Enables the assessment of impacts of a proposed development to identify mitigation or conservation strategies to determine if a discretionary use should be permitted
• Enables municipalities to impose development permit conditions that promote environmentally sustainable development
• Allows the imposition of ongoing conditions, e.g., periodic monitoring requirements that are considered necessary for the protection of the natural environment, public health, and safety. [^13]
• Replaces site-specific planning with a more regional and visionary approach [^14]

✗ Challenges

• Preparing background studies of hazards and environmentally sensitive areas to justify the development permit areas is resource-intensive
• May lead to upzoning, i.e., a development that departs from what conforms to the wishes of the community
• May lead to the removal of third-party rights to consult and appeal but retention of the applicant’s rights to appeal.
• May remove final authority for approval from public representatives and repose such authority in the hands of planning staff [^14]

Citations

<! data-preserve-html-node="true"-- Regular citations --> [^1]: The Arlington Group Planning Architecture Inc., et al. Sea Level Rise Adaptation Primer. pp. 46. https://www2.gov.bc.ca/assets/gov/environment/climate-change/adaptation/resources/slr-primer.pdf [^2]: Ibid, 46. [^3]:
Ibid, 47. [^4]: Ibid, 47. [^5]: California Coastal Commission Sea Level Rise Policy Guidance. 12 Aug. 2015, pp. 98. https://documents.coastal.ca.gov/assets/slr/guidance/August2015/6_Ch6_Adopted_Sea_Level_Rise_Policy_Guidance.pdf. [^6]: Ibid, 98. [^7]: Ibid, 99. [^8]: Ibid, 110. [^9]: Interim Flood Construction Level. Town of Sidney, http://www.sidney.ca/Assets/Development Services/Policies/DV-014 Interim Flood Construction Level.pdf. [^10]:
Ibid. [^11]:
Ibid. [^12]:
Squamish Lillooet (n.d). A GUIDE TO DEVELOPMENT PERMITS https://www.slrd.bc.ca/sites/default/files/planning_guides/Development%20Permit%20Guide.pdf [^13]: Ministry of Municipal Affairs and Housing (2008). Development Permit System: A Handbook for Municipal Implementationhttp://www.mah.gov.on.ca/AssetFactory.aspx?did=6131 [^14]: CORRA. (2014). LAND DEVELOPMENT & PLANNING FORUM (2014). Development Permit System: Breaking the Mold? https://www.woodbull.ca/docs/default-source/publications/development-permit-system---breaking-the-mold-(land-development-planning-forum).pdf?sfvrsn=6 [^15]:
City of Prince George. (2013). Riparian Protection Development Permits A Guide through the Process.https://www.princegeorge.ca/Business%20and%20Development/Documents/Planning%20and%20Development/INFO_Riparian%20DP%20Process%20Guide.pdf [^16]:
Cariboo Regional District. (n.d). DEVELOPMENT PERMITS QUESNEL FRINGE GEOTECHNICAL HAZARD Development Services Guide. https://www.cariboord.ca/uploads/1856/Quesnel_Fringe_Geotechnical_Hazard_Development_Permit_Development_Services_Guide.pdf [^17]:
FEMA. (2020). Permit for Floodplain Development. https://www.fema.gov/glossary/permit-floodplain-development [^18]:
King County. (2020). Shorelines. The Department of Local Services, Permitting Division. https://www.kingcounty.gov/depts/local-services/permits/permits-inspections/land-use-permits/shorelines.aspx