Council heard more about a new watercourse bylaw that would determine how close new developments could be to freshwater systems during a District of Squamish council strategy session Tuesday (June 10). Environmental co-ordinator Peter Woods and community development coordinator Mick Gottardi unpacked the new matrix-based bylaw, which would be less strict but just as protective as current streamside rules.Following a matrix with three categories for different types of neighbourhoods would give landowners a clearer idea on what level of protection their property demands."The landowners are very happy with that level of predictability," said Woods. The bylaw is unique from those in other municipalities because properties in need of a variance are assessed from a rivershed view."If there's encroachment into a riparian area that is high quality that contributes to critical habitat, for example spawning habitat for salmon, then probably the environmental review committee would have stricter standards," said Woods. The different categories determine whether and how a lot can be subdivided. Projects on a natural watercourse bearing fish in existing neighbourhoods would require a 15-metre buffer from the water.When a piece of land can be subdivided into more than three lots, the rules become a bit stricter on the same watercourse with the minimum buffer getting a "simple assessment" of 30 metres unless the developer can demonstrate hardship, "than the simple assessment would simply prevail," said Gottardi.District staff are still ironing out how to define hardship."The provincial definition means the lot is undevelopable - I think that description of hardship is too restrictive," said Gottardi, adding that a developer who had to trim his plan down from six lots into four would not qualify for a variance under this definition.If a developer could prove they are able to improve the buffer strip by taking an environmentally friendly action such as planting trees, then the buffer width may be adjusted, he said.When a developer applies for a variance to make the 30-metre buffer smaller, an environmental review committee made up of Qualified Environmental Professionals (QEP) assess whether one is warranted and makes recommendations to council. This group would include experts from Department of Fisheries and Ocean, the district and the proponent.Coun. Greg Gardner found this arrangement problematic, adding that it is unusual to have a proponent on an advisory panel."I have a concern that we're putting the consultant in direct conflict," he said.Gottardi said the QEP would not be making the final decision, only helping in the problem solving process. This didn't quell Gardner's concerns."I'm actually more concerned about the consultant than the outcome really," he said, noting that they would be put in a difficult position pitting their own expertise against the proponents they represent.Gottardi said he hopes to have first and second reading for the bylaw done by July with a public hearing scheduled for September.
