Sea Level Rise Primer

Transcription

1 Sea Level Primer Sea Level Rise Primer Why a Sea Level Rise Adaptation Primer? Sea level rise is a new challenge facing coastal communities in Canada. Uncertainty around how much sea levels will rise, when what impacts may occur, all make adaptation a challenge. How can coastal managers respond to this new challenge? Fortunately local governments have a wide variety of existing tools to enable adaptation to sea level rise build resilience. The Primer identifies 21 such tools a broad array of applications. Who should read the Primer? Any level of local government with responsibility for coastal management, including staff, consultants any other authorities organizations with an interest in coastal zone management. How is the Primer Organized? Background This section of the Primer briefly explores both historic projected changes in sea level rise globally along Canada s southern coasts. In addition, some of the more destructive coastal hazards associated with sea level rise are briefly discussed. Study Area The Primer addresses Canada s southern coasts, more specifically the coastlines of British Columbia, Quebec, the Atlantic provinces of New Brunswick, Nova Scotia, Prince Edward Isl Newfoundl Labrador. A general description of the physical features of each provincial coastline is given an indication of the population living on or near the coast as well as how sea level rise is being approached by each province. Framework for Decision Making A Sea Level Rise Adaptation Framework is introduced consisting of four interactive elements: Information Gathering, Public Education Community Engagement, Adaptation Tools, Monitoring Evaluation. The figure at right shows this constantly evolving relationship. This section also discusses four strategies for adaptation to sea level rise: Information Gathering Monitoring & Evaluation Public Education & Community Engagement Adaptation Tools Adaptation Tools For the most part, the tools reviewed are already used by local government. They are organized into Planning, Regulatory, L Use Change or Restriction, Structural Non-Structural tools as shown at right. Planning Tools Objectives & Policies Coastal Hazard Mapping Risk Management Emergency Planning Preparedness For each of the tools, a description, an outline of its application illustrative examples are provided. The advantages disadvantages of each tool are summarized along with economic, environmental social considerations. Different tools are often used in combination. This may include tools within the same group or between different groups. Hybrid Techniques Regulatory Tools Regulations of L Use Subdivision Regulation Development Permit Building Regulation L Use Tools L Acquisition Transfer of Development Potential Easements Covenants L Trusts Foreshore Tenure Structural Tools Scour Protection Structural Elevation Dikes Other Hard Protection Wet Floodproofing Non-Structural Tools Coastal Wetl Creation Dune Building Beach Nourishment The integration of structural non-structural protection methods is sometimes referred to as hybrid shoreline protection systems. At first glance, structural non-structural adaptation tools may appear to represent polar opposites; however, they are often used in combination to reduce costs or to meet environmental objectives. Protect Accomodate Retreat Avoid

2 Planning Tools Planning Tools Objectives & Policies Objectives policies may be included in comprehensive plans, community plans, neighbourhood plans, strategic plans, growth management strategies may be used as an adaptation tool by all coastal communities. Objectives establish the broad direction for the future of a community. Typical objectives include: Protecting people property by avoiding development or managing risk on ls subject to hazards; Protecting environmentally sensitive areas (e.g. marshes dunes). Policies are more specific reflect the means of implementing or attaining the overall objectives. Local government policies may identify: How coastal hazards such as erosion, storm surge inundation should be addressed; Conditions suitable to accommodate appropriate growth; Where development should be avoided. Communities already have a coordinated comprehensive approach to setting l use planning objectives policies - which can easily incorporate coastal hazards associated with sea level rise. Objectives policies provide a framework for action (e.g. bylaw changes, coastal mapping). The planning process provides opportunities for public involvement education. The degree to which objectives are met policies are implemented can be measured monitored. Local governments may lack the resources to develop implement policies but may rely on interim measures (e.g. increased floodproofing). The addition of policies may be controversial, particularly avoid or retreat policies. In a regional goal setting process such as a regional growth strategy, mediation of different local governments may be required. Set objectives policies to manage l use development in coastal areas potentially impacted by coastal hazards sea level rise Economic considerations include the cost of developing setting objectives policies the cost of implementing them. Restricting development in regions at risk of sea level rise related coastal hazards may also enhance protection of environmentally sensitive features environmental hazards. Objectives policies will need to complement other planning measures designed to manage residential growth other forms of development, recreation open space needs, community facilities other infrastructure needs. The successful implementation of new objectives policies often depends on a strong public education consultation process as they are developed. Powell River, B.C. (Photo: Powell River Blog) - Cabin Number 5: BC Coastal Stories

3 Planning Tools Planning Tools Coastal Hazard Mapping Coastal hazard mapping may be used in all areas at risk of sea level rise to: Identify areas at risk due to the adverse effects of sea level rise associated coastal hazards (i.e. flood erosion areas). Provide a basis for directing new development away from areas at risk. Accommodate development in areas where the risk can be mitigated through floodproofing. Mapping provides valuable information, both for public education planning purposes. Mapping assists with disaster preparedness by identifying critical infrastructure (e.g. generation facilities, firehouses) in hazardous regions. Communities may choose to relocate or better protect this infrastructure. Mapping may encourage hazard zone residents to take their own proactive measures to reduce flood risks. Coastal hazard mapping alone will not cause a reduction in risk. Mapping must be integrated with other adaptation tools before the full benefits can be realized. Coastal hazard maps may increase fear anxiety in some people, as residents become more aware of the risks, but not how to address them. The collection analysis of topographic bathymetric data can be expensive. To identify coastal flood erosion hazards provide the technical basis for l use planning floodplain bylaws in coastal areas at risk Engineering expertise in flood risk modeling. Topographic surveys to provide information on l elevation for the flood risk model (extreme event data such as water levels, wave heights, etc.). Cost of adding or updating coastal hazard mapping. Elements: To effectively map coastal hazards, accurate topographic data is required, ideally with a contour interval of 1 m or less. The traditional method is to conduct field surveys; however, LiDAR (Light Detection Ranging) data, collected from an aircraft using a laser, is increasingly being used. Engineering analysis is then used to map areas at risk, design conditions Flood construction levels. These maps may incorporate assessments of vulnerability (e.g. people, l, buildings infrastructure at risk). May include coastal habitats or sensitive ecosystems. May enable better environmental protection for areas at risk.. Identifying housing, roads, Coastal B.C. (Photo: Pacific Wild) underground services community resources subject to coastal hazards. Visualization of past future coastal changes (3D) can provide a unique learning opportunity to increase public awareness. Public education about coastal hazards what is at risk leading to more informed decision making. Floodplain Hazard Map, District of Hope, B.C.

4 Planning Tools Planning Tools Risk Management Risk management with respect to sea level rise associated coastal hazards generally has two components: 1. The identification, measurement, prioritization of risks from sea level rise (risk assessment). Coastal hazards due to sea level rise may include the risk of a major disaster such as a dike failure, or gradual changes such as increasing salinization of groundwater. The measurement process may be quantitative, such as calculating the probability of an inundation in excess of current linear protection or qualitative, such as documenting increasing vulnerability reduced resilience or determining how much risk a community is prepared to accept. 2. Selecting the most appropriate strategy adaptation tools to respond to the risk assessment. Four adaptation strategies have been identified in the Sea Level Rise Primer: avoid, protect, accommodate retreat. Charlottetown Waterfront Flood Risk Zone, P.E.I. (Photo: D. Forbes) Knowing what is at risk is likely to lead to more informed decision making. Requires a long-term perspective but this can involve interim measures. Can involve a rigorous analytic approach. Can be an essential tool to help determine the most appropriate response to coastal hazards. The risk management approach to sea level rise adaptation will shape the overall strategy employed which tool or combination of tools will most effectively allow the risk to be managed within acceptable levels. Cost-benefit other analytical studies may have significant costs. Costs must be measured against the risk may represent a small cost for a large project or where the stakes are high. The absence of detailed studies should not prevent the use of interim measures to reduce risk (e.g. minimum setback elevation from the natural boundary). A process widely used to identify manage the adverse impacts of a change in conditions. A rigorous process in comparing selecting the appropriate tools strategy. Committing the capital maintenance costs required to implement the risk management plan. Can be compared to the cost of doing nothing. A cost-benefit analysis can determine how well, or how poorly, a planned action will likely turn out. To provide an objective basis for comparing different options sound decision-making Can address environmental assets species at risk due to sea level rise. Protection of wetls is of particular importance due to historic losses, as are intertidal areas, due to their high productivity. Loss of habitat in coastal areas can lead to additional stress on species at risk or species in decline. Determining the level of acceptable risk. What community assets will be protected, establishment of priorities. Example: storm damage to a local industry can be devastating to a small community. In BC, Provincial Guidelines are based on an Annual Exceedence Probability (AEP) of 0.5% (also referred to as a 1 in 200 year flood). In 2011 these guidelines were updated to allow for sea level rise of 1 metre by 2100 as well as a revised assessment of storm surges wave effects based on a study by Ausenco Swell. Atlantic Canada typically uses an AEP of 1%. CN Line at Halifax, N.S. (Photo: D. Forbes) When, or if, a different strategy should be adopted to respond to the longterm consequences of sea level rise, (i.e. protect, accommodate, retreat, or avoid). Coastal B.C. (Photo: Eagle Wing Tours, Victoria Area B.C.)

5 Planning Tools Planning Tools Emergency Planning & Preparedness Emergency planning preparedness refers to measures undertaken in advance of a disaster or to mitigate the risks of a disaster. Local authorities across Canada have primary responsibility for responding to local emergencies must have an emergency plan in place to address flood events maintain public safety. Provincial governments provide support to local authorities for emergency planning preparedness. If a disaster exceeds the capacity of a local government, provincial federal government support are available. For example, in B.C. local authorities: must prepare a local Emergency Plan; must establish maintain an Emergency Management Organization; may cause the plan to be implemented; may declare a state of local emergency; may do all acts implement all procedures considered necessary to prevent, respond to or alleviate the effects of an emergency or disaster. Local governments are responsible for emergency planning. sea level rise storm surges represent additional risks to be addressed within a well established framework. Proactive planning can reduce the risk to people buildings in the event of a disaster. The local government has the authority to declare a local emergency. A collaborative process involving other agencies the province. Starts from the ground up involves teamwork with other agencies the Province. Demonstrates that hazards are real, particularly when public education is included. The quality effectiveness of emergency management plans may vary depending on local priorities available resources. Plans must be updated regularly to remain current. Monitoring enforcement of emergency response plans requires a commitment of time resources. Measures undertaken in advance of or to mitigate the risk of a disaster. Costs resources for preparing emergency plans, coordinating with other agencies obtaining resources for plan implementation. Not designed to address environmental issues. Lays the groundwork to prepare respond to a possible emergency. An engaged citizenry is better able assist in the event of an emergency such as a flood including the implementation of emergency response plans. Cape Road, North Lake, P.E.I. Closed due to coastal erosion (Photo: D. Jardine) Flooding on Lower Malpeque Rd at Ellen s Creek P.E.I. (Photo: D. Jardine)

6 Regulatory Tools Subdivision Regulation This tool applies to the subdivision of l at risk of coastal hazards due to sea level rise can be utilized in conjunction with zoning. Regulates the conditions under which the subdivision of l can proceed. Should not be undertaken ad hoc or without supporting guiding policy or a strategy in place. A growth management tool used to regulate the conditions for the subdivision of l Regulatory Tools Subdivision refers to the process of developing a new legal title for property by creating new additional lots, changing existing lot boundaries, l dedication, or consolidating existing lots. This can involve a fee simple property, bare l strata lot, or a strata unit (e.g., townhouse, row house, or condominium unit in an apartment building). May include an environmental impact assessment or report from a professional engineer or a geoscientist concerning mitigation measures. Without the identification of potential coastal hazard areas, particularly areas at risk of flooding erosion, it is difficult for the Approving Officer to decline to approve a subdivision. including l at risk. Any proposed subdivision must go through a review process, which culminates in the approval (including approval with conditions) or refusal of the proposed subdivision. Where an area is at risk from flooding or other coastal hazards, the Approving Officer can decline the subdivision on grounds of public safety unless appropriate mitigation is provided. Vancouver Isl, B.C. (Photo: Lamont L) Costs associated with subdivisions l considered at risk are generally borne by the property owner/developer (i.e. until all approval conditions have been met). In the event of a disaster such as a flood, disaster financial assistance costs will be incurred by senior governments according to their policies. If subdivision regulation does not address sea level rise, taxpayers may become responsible for avoidable disaster financial assistance costs in the future. Implementation of subdivision regulation has some challenges namely: Reliance on accurate information resources, including coastal hazard mapping, to give grounds for the approval or refusal of a subdivision Subdivision development will need to comply with the Official Community Plan or equivalent growth management objectives policies Cap Bimet, Gr Barachois, N.B. (Photo: D. Jardine) May include the impact the subdivision will have on the natural environment due to sea level rise (i.e. suitability of l use). How the public interest is affected by the approval or refusal to approve a subdivision. Guidance shall be provided as to the suitability of subdivision, particularly for residential use in areas at risk.

7 Regulatory Tools Regulatory Tools Building Regulation Building Regulation APPLICATION ADVANTAGES DISADVANTAGES The ability of a building inspector to The ability of a build require a geotechnical report to inspector ensure that to a requir building geotechnical can be safely repor used for ensure its intended that a buildin purpose. be safely used for intended purpose This The tool applies regulation to the of subdivision building construction The ability to The withhold ability building to withhold building Use of permit this tool comes Use late of in this the tool comes late in the development This can be process. a This can be a con- of l in Canada at risk of coastal generally hazards follows due the National permit approval approval until the until hazard the hazard risk development has been process. to sea Building level rise Code, can with be utilized provincial variations risk has been addressed to to the the satisfaction concern of the if a property cern owner if a is property not owner is not aware conjunction local with zoning. additions where applicable. satisfaction of building the building inspector. inspector. aware of any potential of any risk potential only risk only finds out Subdivision While the refers Building to the process Code of does not have finds out after a building after a permit building permit application is developing specific a new design legal requirements title for property to protect Site specific Site measures specific can be measures can application be incor-iporated as an integral as an part integral of the part of the de- submitted. submitted. by creating buildings new additional from coastal lots, changing hazards, local incorporated existing building lot boundaries, bylaws can l include dedication, this additional requirement existing lots. require This can a building inspection function. If design construction sign construction of a building. of a building. Not all local governments Not all undertake local governments undertake or consolidating a report from a building inspection function. If there While a local government may have involve an a appropriately fee simple property, qualified bare there is no building inspector no professional limited resources While to a address local coastal government may have is no building inspector no regulation of building activity, this tool will l stating strata lot, that or a building strata unit can (e.g., regulation of building activity, this be safely used. hazards, a building limited inspector resources can put to address coastal townhouse, row house, or condominium tool will not be available. the onus on hazards, a qualified a professional building inspector can put not be available. unit in an apartment building). This tool is applicable to all building construction. proposed subdivision The use must of this go tool is the last provide the necessary skills. regulation can be significant Administrative costs of building Requires regu- a qualified professional to take responsibility for the safe to provide the necessary onus on skills. a qualified professional Administrative to costs of building Any through opportunity a review process, to avoid which exposure to Can haz-prevenards, including the approval coastal (including hazards prior one to property Can owner prevent to another transfer of in risk cost from recovery mit Letters fees of will assist in cost recovery Nominal cost to the public. the transfer of risk from although permit fees lation will assist can be significant although construction per- use of a building. ECONOMIC culminates approval the construction with conditions) of or a refusal building. of unknowing one purchaser. property Registration owner to another Assurance unknowing purchaser. Registration ensure of compliance a can for engineering Owner s costs may vary considerably due to the wide variety of or Undertaking Letters can of Assurance or Undertaking Requires a qualified professional to take responsibility for the safe construction use of a building. the proposed subdivision. of a covenant on title ensures that ensure compliance for engineering architectural services. Nominal cost to the public. any future owner or prospective architectural services. circumstances that may apply. covenant on title ensures that any future owner or prospective purchaser Owner s costs may vary considerably due to the Where an area is at risk from flooding purchaser is aware of the sitespecific building requirements. or other coastal hazards, the Approving Provincial Variations Officer can decline the subdivision is aware of the site-specific building wide variety of circumstances that may apply. Addresses natural hazards such as erosion flooding. on grounds A municipal of public building safety unless inspector in B.C. requirements. appropriate is authorized mitigation is to provided. withhold the issuance of a building permit until satis- ENVIRONMEN This tool has limited applicability to environmental criteria. fied the l can be safely used for its Provincial intended purpose. Variations A building inspector can building require inspector a geotechnical in B.C. is report authorized if to withhold Intent is to ensure that the occupants of a building are not subject flooding. to Designed to address public safety directly. Addresses natural haz A municipal the issuance construction of a building would permit be on until l satisfied that is the l can be excessive risk. This tool has limited ap safely subject used for to its or intended is likely purpose. to be A subject building to inspector can mental criteria. Use of this tool gives priority to the protection of the public. require hazards a geotechnical such as report flooding if construction or erosion. would be on l Safe use is a responsibility of the property owner. that is subject to or is likely to be subject to hazards such as SOCIAL flooding In the or erosion. Municipality of Beaubassin Est, Designed to address public safety directly. NB, a building permit holder for property for in a property the coastal in the zone coastal must zone produce must produce an building are not subject to excessive risk. In the Municipality of Beaubassin Est, NB, a building permit Intent is to ensure that the occupants of a holder approved an approved survey plan survey to prove plan the to building prove meets the the required Village of Masset, B.C. Use of this tool gives priority to the protection vertical building horizontal meets zoning the required setbacks prior vertical to final approval. (Photo: Village of Masset Website) of the public. horizontal zoning setbacks prior Safe use is a responsibility of the property to final approval. Village of Masset, B.C. Photo Credit: Village of Masset Website owner.

8 Regulatory Tools Regulatory Tools L Use Regulation Zoning regulation can include a wide range of considerations including: different l uses l use densities setbacks siting circumstances servicing stards in different areas of a local government jurisdiction Zoning is the most commonly used form of l use regulation but, whether direct or indirect, it can occur in other forms including: neighbourhood plans character guidelines capital works plans strategic plans growth management plans The key elements of l use regulation pertaining to sea level rise coastal hazards consist of: Minimum building setbacks from coastal hazards Structural protection from coastal hazards Minimum elevation of habitable buildings in areas subject to flood risk Limitation of l uses density to manage risk This tool can also be used to create a new composite zone, such as a Sea Level Rise Planning Area or Coastal Climate Change Adaptation Area, with respect to adaptive measures for coastal areas at risk. Zoning or floodplain related bylaws allow the restriction of l uses based on identified risks within a specified area (e.g., floodplain). Gives a local government great flexibility in addressing different conditions needs within its physical boundaries. Is well suited to public education involvement, as the establishment of bylaws requires public engagement. Can identify areas for further study (e.g. development information area in B.C.) Beaubassin East Rural Community Zoning Map, N.B. Local government cannot impose zoning that will render the l sterile (i.e., unable to be used) but it can restrict the way in which l buildings are used so that risks can be addressed. Detailed technical requirements to assess coastal flood hazards may be expensive (e.g. floodplain mapping, design briefs, updated flood risk assessment), as will implementation measures to adapt to or reduce flood risk. However interim measures can have modest costs (e.g. sea level rise study area, development restrictions if less than X metres above high water mark or natural boundary.) The establishment of appropriate zoning for areas subject to coastal hazards. Zoning by its nature confers a set of development rights, accordingly different zones have different values. L use regulation can direct development away from areas at risk from sea level rise other coastal hazards. L use regulation can be expensive to implement monitor. Identification zoning of environmentally sensitive areas or at risk to sea level rise the management of environmental hazards. The public interest should give priority consideration to the protection of human life. Direct growth away from high risk areas. Reduce risk for redevelopment of existing areas subject to sea level rise. Protect infrastructure from hazards. Locate essential services in low risk areas. Tofino B.C. (Photo: West Coast Environmental Law)

9 Regulatory Tools Regulatory Tools Development Permit A Development Permit can be used to regulate development for a variety of purposes, two of which are applicable to sea level rise: Protection of the natural environment, its ecosystems biological diversity, which may specify areas of l that must remain free of development or require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit. Protection of development from hazardous conditions, which may specify areas of l that may be subject to flooding, mud flows, or torrents of debris. For each of these purposes, specified objectives must be met prior to the development approval. Enables l use planning objectives to be addressed prior to a development proceeding. Provides for an independent professional to address risk (i.e., professional engineer with relevant expertise) at the applicant s expense. Development affected by a hazard is broadly defined, as it includes a subdivision, building construction (whether or not a building permit is required) alteration of l (e.g., re-grading, soil removal or soil deposition). No change in existing legislation is needed to create a Sea Level Rise DPA or Coastal Hazard DPA. After a permit has been issued, a notice must be filed in the L Title Office. Through this process, any future purchaser is deemed to be notified. Hazardous areas must be documented identified prior to their designation as a DPA. Smaller jurisdictions may lack the necessary planning or technical resources. Use of a Development Permit is an additional procedural requirement cost for a developer or lowner. However, the additional time by itself can be as little as four weeks a Development Permit can be processed concurrently with a rezoning or subdivision application. DPA objectives guidelines need to be well crafted. A Development Permit cannot be turned down by the local government if the specified objectives guidelines are met. This can be an advantage as well as a disadvantage. A form of site specific l use regulation distinctive to B.C. The creation of Development Permit Areas the granting or refusal of applications involves an additional step in the development permitting process. The onus is on the applicant to demonstrate that the l can be safely developed; significant investment may be required to prove this. One of the few tools where the primary focus can be on the protection of the natural environment biodiversity. This could include protection of s dunes, coastal bluffs beaches. Also provides protection from natural hazards, such as sea level rise. Is well suited to an avoid strategy. Establishment of a DPA requires a public approval process. A notice on title is required after a Development Permit has been issued. In B.C., implementation of a Development Permit Area (DPA) requires an amendment to the Official Community Plan or zoning bylaw. Once a DPA is in place, the approval of a Development Permit requires a resolution from the local government. (Photo: City of Salmon Arm)

10 L Use Change or Restriction Tools L Use Change or Restriction Tools L Acquisition L can be acquired for a variety of public purposes including: Structural protection works (i.e., a dike or other hard protection) related requirements, such as vehicular access setbacks for public safety. To prevent high-risk development. For public benefit (i.e. environmental protection purposes or to avoid repeat Disaster Financial Assistance claims). L acquisition can be combined with other adaptation tools such as structural protection, to provide public open space, or buffer areas for the lward migration of endangered coastal habitats. Expropriation is a form of l acquisition may also be referred to as a compulsory acquisition, compulsory purchase or eminent domain. Houses in Bound Brook, New Jersey were acquired following Hurricane Irene in 2011, (Photo: FEMA). The police chief, who also coordinates emergency management, commented: I see so much repetitive loss. If we can get people out of these areas for a fair price, let them get on with their lives, I think that s a great thing. Can be an important tool for implementing linear protection measures, such as dikes, where existing l ownership boundaries do not allow cost effective shoreline management. May be used in combination with other tools to reduce the cost of flood protection. Acquisition of coastal l can provide a buffer against sea level rise associated area coastal hazards. Can be a key element in a managed retreat strategy. Where necessary, expropriation will enable property acquisition if a voluntary purchase is not possible. FEMA Buyouts In the U.S., the Federal Emergency Management Agency (FEMA) has funded 75% of the cost of acquiring over 20,000 properties since The primary purpose of property acquisition is for hazard mitigation by permanently eliminating buildings in harm s way. The program is administered by state local governments. Priorities are determined by states with input from local communities. All buyouts are voluntary with fair market value determined by an appraiser based on the pre-disaster value. After the private property is acquired, buildings are removed. The l must remain as permanent public open space cannot be sold or developed. An equivalent program does not exist in Canada. May include a high purchase cost, (i.e. the cost of acquiring demolishing existing building improvements). This would typically apply to the acquisition of highly valued coastal property, which has a finite supply. Involves use of scarce financial resources. Local senior governments may be reluctant to set aside funds for l acquisition unless it is part of a capital improvement project. Expropriation is seen as an option of last resort by government is not typically viewed favourably by the general public or l owners. Case Study In 2010 in the Bas St. Laurent of Quebec, 100 homes were destroyed due to a storm event which eroded 7 metres of shoreline. In response, the province offered to compensate homeowners for relocation, the properties were then offered for sale to the municipality for $1.00. The role of the province in this case allowed the municipality to acquire the l at risk prevent future development. The purchase (including expropriation) of l by local government for the primary purpose of addressing public safety concerns. Potentially expensive to buy l, especially highly valued coastal properties. Ongoing costs liability associated with ownership once l has been acquired. Loss of tax revenue for l in public ownership. Can provide foreshore protection for environmentally sensitive l or where development is not advisable. May also be used to provide for public open space, subject to restrictions on improvements. Flooded House in Atlantic Canada, (Photo: CTV News, Atlantic Canada under snow, water following intenses winter storm) The acquisition of private l to protect the public interest. Acquisition of public open space for conservation protection, including public access along a dike.

11 L Use Change or Restriction Tools Transfer L Use Change of Development or Restriction Tools Potential APPLICATION Transfer of Development ADVANTAGES Potential This tool can be used to direct development away from the area at risk by designating the donor or sending area This tool can be used to direct development away from the area at risk allocating by designating it to an appropriate the donor or receiving sending area where area development allocating it to an or appropriate increased density receiving can be area safely where development accommodated (may also or increased be referred density to can as Density be safely Transfer). Application accommodated in Canada (may also be may referred be limited. to as Density Transfer). Application in Canada may be limited. Can be Can used be used in in association association with with zoning zoning where where the development the development potential potential is is measurable measurable (e.g. the (e.g. number the number of of dwellings units or units floor or floor space ratio), typically applied to applied residential to residential uses. uses. Development Development Potential Potential (Density) (Density) D E C R E A S E I N C R E A S E An Official Sending Community Site Plan Receiving or other Site policy document is needed to determine both areas at risk areas where additional density is deemed suitable. An Official Community Plan or other policy document is needed to determine both areas Density at risk transfer areas could where also occur additional by density setting is deemed up a density suitable. bank in which a specific density is removed from the Density sending transfer site could without also the occur need to by setting up identify a density a receiving bank site. in Density which transfer a specific density is removed from the send- relies on an administrative process to regulate exchanges a market to ing site without the need to identify a determine value. Density transfer would receiving be best site. used Density in conjunction transfer with relies a on an administrative strategic plan process where managed to regulate retreat exchanges objective. a market to determine val- is ue. Density transfer would be best used in conjunction with a strategic plan where managed retreat is an objective. D E C R E A S E Sending Site I N C R E A S E Receiving Site DISADVANTAGES The transfer of development potential Limited potential for small communities or ones with a static or declining can occur within the normal local government transfer powers of development of zoning. Limited potential population, for small where there is little or no The potential can occur within the normal communities market or ones for development with a static or or increased local May government provide a powers less of costly zoning. alternative declining density. population, where there is to l acquisition (whether voluntary little or no market for development May provide a less costly alternative or through expropriation). or increased Owners density. of coastal properties may resent l use restrictions or down- to l acquisition (whether voluntary or through expropriation). Owners of coastal properties may Could be combined with l acquisition be in combined which the with local l government down-zoning risk. if they perceive no resent l zoning use restrictions if they perceive or no imminent Could acquisition acquires in ownership which the local of the l imminent risk. government transfers acquires the development ownership potential May not prevent the development of of to the the l former transfers owner the elsewhere in the May not areas prevent at the risk development from coastal of hazards as development same local potential jurisdiction. to the former areas at risk this from tool coastal is a voluntary hazards as undertaking. owner elsewhere in the same local this tool is a voluntary undertaking. jurisdiction. Dalvay, P.E.I. (Photo: Dalvay-By-The-Sea.com) Dalvay, P.E.I. Photo Credit: Dalvay-By-The-Sea.com Primarily a voluntary, market-based concept Primarily a voluntary, in which the market-based concept in which the development area potential or potentially is transferred from a hazard area or area potentially not at risk. hazardous areas to an area not at risk. development potential is transferred from a hazard hazardous areas to an This tool assigns an economic value to a property s development This tool assigns an economic value to a property s development potential. ECONOMIC Development potential is transferable from areas at risk to areas suitable for increased density. potential. Requires a market-based mechanism to determine the value of the Development potential is transferable from areas at risk to areas density transfer based on market dem. for increased density. Requires a market-based mechanism to determine the value of t density transfer based on market dem. Can be used to protect sensitive coastal areas at risk from development. Can increase coastal wetls or green space. ENVIRONMENTAL SOCIAL Primary use would be to reduce the development or redevelopment potential of l Can in be areas used at risk to from protect sea level sensitive rise associated Primary coastal use would be hazards. coastal areas at risk from development. Can increase coastal wetls or green space. the development or red ment potential of l at risk from sea level ris associated coastal haz

12 L Use Change or Restriction Tools L Use Change or Restriction Tools Easements Covenants ment, statutory right-of-way to be enforceable, the legal registered on the certificate SOCIAL A legal agreement in which one lowner grants the use of some ements Covenants real property rights An easement is a legal agreement in which Can restrict the use of l Annual compensation or a lump sum one lowner grants the use of some real permanently or for a specified time. payment may be required to secure property rights to another for a specific A legal agreement to another in for a Can include provisions preventing the easement or statutory right of purpose. It represents an interest in l LICATION ADVANTAGES building on the l or subdivision. way process or servitude. but not the right of exclusive possession. DISADVANTAGES which specific one lowner purpose(s). nt is a legal This agreement can be used to in allow access Can restrict over, use the use May of require l permanently or one for a specified preserved, time. Can conserved, in- maintained, payment may be services required may to be secure required. l be protected, Annual compensation Legal, or l a lump survey sum appraisal owner grants of or other limitation use of that benefits roperty rights piece to of another l for burdens clude another provisions without preventing enhanced, building restored or kept the in easement its or statutory right of way grants the use of some real rpose. It represents resulting in an a change interut not the A right statutory of exclusive right-of-way is May a form require of l be with protected, the covenant pre-conditions. Legal, l survey affected appraisal property ser- owners may be property rights to of ownership. on the l or subdivision. natural or existing state in process accordance servitude. Securing an agreement between the This can be easement used to allow available ac-tse of or other other limitation public agencies that in B.C. hanced, restored or kept Owner in is its able natural to retain ownership Securing of an agreement between the governments served, conserved, maintained, envices may be required. challenging. Cost of restricting l use to reduce the risk of flooding in the future. piece of l burdens or existing state in the accordance property with may be affected able to use property owners may be another Save Harmless provision for can a be used to protect a local government from A covenant is a written agreement out resulting in a change of the covenant conditions. areas considered not at risk. challenging. financial damages in the event of future flooding. between two or more parties to limit the use of the l or require its use specific purpose(s). A statutory right-of-way is a Owner is able to retain ownership of Cost will depend on applicable conditions (e.g. appraisals commonly ement available to governther public agencies in B.C. areas considered not right-of-way at risk. is typically much less the property may Cost be for able a covenant to use or statutory used to determine value). in a particular way. Examples include maintenance of coastal wetls, LEGISLATION Compensation to the owner could be a lump sum or an annual payment Cost for a covenant or than statutory fee simple rightof-way is typically much less than fee In common law jurisdictions in Cana- ECONOMIC acquisition. minimum building elevations, based on a percentage of market value. is a written agreement ber more parties to limit the use simple acquisition. May be used in conjunction da (every with province but Quebec), ease- limitations of use. A local government may be able to issue a tax receipt for a conservation Legislation For an easement, statutory May right-of-way be used in conjunction other tools with such other as subdivision, Cost of restricting l use to reduce the risk of flooding in the future. r require its use in a particumples include maintenance by either common law or statute. A ments covenants are authorized easement if it is classified as a charitable gift by the Canada Revenue In B.C. P.E.I., a covenant can be or covenant to be enforceable, tools the such legal as subdivision, building building or l use or regulation. Save Harmless provision can be used to protect a local government from Agency. a positive or negative nature requiring In common law jurisdictions in financial damages in the event of future flooding. etls, minimum instrument an undertaking building is registered by a lowner. on the use certificate regulation. servitude is a comparable Canada (every legal province provision in Quebec. easements covenants are but Quebec), May be negotiated as part of the Cost will depend applicable conditions (e.g. appraisals commonly used nd limitations of Examples title of use. of the of property positive undertakings the May applicable be negotiated as part of the development remains trees or on the approval process with no authorized by either common law or development approval process to determine value). provincial are requirements l registry. to plant It with no direct cost to the local Compensation to the Well owner suited could to conservation be a lump sum purposes. or an annual Part/All payment of the l may be l is automatically transferred direct cost from to the local government. nd P.E.I., a covenant to maintain can privately owned flood statute. A servitude is a comparable government. based on a percentage restricted of market for habitat value. conservation. ositive or negative one protection owner nature to works. another Examples if the l of is sold. legal provision in Quebec. A local government may Covenant be able may to also issue be a used tax receipt to require for an a conservation easement if it is classified enhancement as a purposes. charitable gift by the Canada Revenue undertaking for environment an undertaking restrictive by a lxamples of positive include under- a limitation on development Agency. or negative requirements re requirements for flood to protection plant purposes, maintain privately prevention owned of building construction or Provides an alternative to l acquisition that meets the needs both ection works. the Examples use of fill. of ENVIRONMENTAL of the lowner the local government can include limited or negative requirements limitation on development Well suited to conservation development purposes. or no Part/All development of the l on l may subject be restricted for habitat conservation. Offers flexibility without necessitating a change in ownership or to coastal hazards. protection purposes, pref building construction or Covenant may also be requiring used to subdivision. require an undertaking for environment f fill. enhancement purposes. Clayoquot Isl Covenant, B.C. (Photo: The L Conservancy of B.C.) Provides an alternative to l acquisition that meets the needs both of

13 L Use Change or Restriction Tools L Use Change or Restriction Tools L Trust Trust While there are many l trust Primary focus is on environmental organizations with varied purposes, their APPLICATION protection enhancement. This general objective is to acquire ecologically ADVANTAGES distinguishes the approach of a l hile there are significant, many l often trust threatened, organizans with varied through purposes, purchase, donation, their general covenant or protection environmental enhancement. protection is rarely This l Primary trust focus from a is local on government environmental as jective is to lease. acquire L trusts ecologically consist of signifint, often threatened, nationally or distinguishes a primary the objective approach for the of latter, a l provincially based l organizations, through purase, donation, covenant or lease. L ronmental to be protection restricted. is rarely a prima- typically trust from particularly a local if government human access as needs envi- non-profit societies with the ability to offer tax deductible charitable receipts. National usts consist of nationally or provincially ry objective for the latter, particularly if organizations include Ducks Unlimited sed organizations, typically non-profit human Many access l needs trusts have to be an restricted. Canada the Nature Conservancy cieties with extensive exemplary record of of Canada. the ability Provincial to offer organizations tax dectible charitable Many l trusts have an extensive environmental stewardship. include the receipts. Nature Conservancy National of British exemplary record of environmental stewardship. ganizations Columbia, include The Ducks L Conservancy Unlimited of B.C., Fundraising for privately managed anada Nature the Nature Action Quebec, Conservancy the Nature of Trust of Fundraising l acquisition for privately by a l managed trust anada. Provincial New Brunswick, organizations the Isl include Trust P.E.I, l acquisition offers opportunities by a l that trust may offers not be e Nature Conservancy the Nova Scotia of Nature British Trust. Columa, The L Conservancy of B.C., Naable if government is involved. opportunities available that if government may not is be involved. avail- L trusts work with individual donors, re Action Quebec, the Nature Trust of Local Local governments can work with with foundations, corporations, all levels ew Brunswick, the Isl Trust in P.E.I, l trusts l trusts to achieve to achieve a common a purpose. purpose. A local A government local government may may iden- of government to acquire maintain d the Nova Scotia Nature Trust. l for environmental conservation identify potentially environmentally purposes. L trusts may: tify potentially environmentally sensitive l sensitive or habitat l or but habitat may but lack may the nd trusts work with individual donors, accept gifts of l from private donors undations, corporations, all levels means lack to the acquire means the to acquire l. For the some l. undertake fundraising to acquire l l owners, For some the l idea owners, of having the idea government to acquire maintain a conservation based non-governmental to prevent the loss of environmentally of having a conservation based nd for environmental conservation purses. L trusts may: organization as the guardian of their significant values non-governmental organization as the guardian of their l holds accept gifts manage of l l from in public private ownership donors protect enhance its habitat to l holds strong appeal. strong appeal. undertake fundraising compensate a to lowner acquire l for to prevent the maintaining loss of environmentally wetls or for taking A conservation agreement is central significant values environmentally sensitive l out of to a l trust. While this does not manage l production. in public ownership to specifically refer to sea level rise protect enhance its habitat adaptation, the conservation objectives compensate a lowner for maintaining wetls or for taking environ- accommodate this aspect, particularly of existing l trusts can easily mentally sensitive l out of production. with habitat creation or enhancements such as coastal wetl s dune creation, or rehabilitation. Cost considerations (capital operating) DISADVANTAGES may limit the ability of a l trust to secure, restore Cost manage considerations environmentally (capital operating) significant may l. limit the ability of a l trust to secure, restore manage environmentally The appeal of l significant acquisition l. The varies appeal greatly of depending l acquisition its varies greatly environmental depending significance on its environmental the significance cost of maintaining the or restoring cost of maintaining the l. or restoring the l. Cowichan L Trust, Vancouver Cowichan Isl, B.C. L (Photo: Trust, TLC Vancouver Cowichan Isl, L B.C. Photo Trust ) Credit: TLC Cowichan L Trust Englishman River Estuary on Vancouver Isl, B.C. (Photo: Nature Trust of B.C.) A non-profit private organization created for the purpose of environmental conservation A non-profit or private other similar purpose. Include costs of acquisition, restoration, improvements, organization created for the purpose of environmental conservation or maintenance. A local government could facilitate involvement of a l trust without having other to expend financial similar resources to achieve purpose. the objective of protecting people from coastal hazards. Primary ECONOMIC purpose of a l trust is for long-term environmental protection. Include costs of acquisition, restoration, improvements, maintenance. Is well suited to acquire protect environmentally sensitive l or habitat rehabilitation areas. A local government could facilitate involvement of a l trust without having to expend financial resources to achieve the objective of protecting people from coastal hazards. Can either restrict or enhance public access to environmentally sensitive l or habitat rehabilitation areas. Has wide appeal for those wishing to conserve environmentally sensitive areas in perpetuity. ENVIRONMENTAL Primary purpose of a l trust is for long-term environmental protection. Is well suited to acquire protect environmentally sensitive l or habitat rehabilitation areas. SOCIAL Can either restrict or enhance public access to environmentally sen-