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THE
LAND STEWARDSHIP
CHEST
by
Guy Dauncey
DRAFT
- THIS IS AN INCOMPLETE DOCUMENT
Introduction
The land is
everything. It comes to us from an unspeakably ancient past, with
its myriad inhabitants, its lakes, forests and topsoil; it goes
on into an eternal future. During our short lives, it is ours
to protect, to nourish, and to be nourished by.
If we succeed
in our task of good stewardship, the land will go on to nourish
ten thousand future generations of humans, as well as its other,
more ancient inhabitants. Several thousand years from now a human
teenager will sit by that creek that you love and feel his heart
open to the wonders of life, while the cedars, the kingfishers
and the salmon continue their eternal journey through the present.
In order to
succeed, we need knowledge. In many places across the Earth, past
generations have failed in their task, leaving barren lands where
once their ancestors enjoyed far more. We have a long tradition
of neglect, failure and then forgetfulness, when we even lose
the memory of what was once there.
The knowledge
of good stewardship should be passed on to each one of us, like
a dowry or an inheritance. It is our story, and we need it. Without
it, history is there to remind us that we are most likely to screw
up. All it takes is a little carelessness - building a concrete
edge along a lakeside shore, not understanding how this deprives
the lake's inhabitants of their home; building a home on a site
where the herons have always nested; spilling our wastes into
the creeks and marine waters, not grasping that this poisons the
shellfish.
In our souls,
we may love the forests, the herons and the shellfish; but in
our actions, often out of ignorance, we destroy them. That is
why we need to become good stewards of the land, so that our actions
can mirror the love that exists in our souls.
It is good
to have experts - biologists, ecologists and planners who make
it their business to exercise good stewardship. But without the
knowledge and support of the rest of us, they cannot do their
work. It needs the understanding and the work of all of us to
give the land the protection and stewardship that it needs.
The Land Stewardship
Chest has been created to help us learn. Picture it as a traditional,
old fashioned chest, with twenty drawers - four across, five down,
the kind that your great grandparents might have owned. Think
of it as an ecological dowry we can each inherit when we are born.
Within its drawers are the essential tools that you need to be
a loyal steward of the land, able to guarantee it a sustainable
future.
Each of the
drawers of the Chest contains a bundle of knowledge that is needed
to protect the land where you live against pollution, damage and
insensitive development (not all development - just insensitive
development); and to nurture its mysteries. This particular version
of the chest has been created for British Columbia, Canada, but
it can be adapted for use in other provinces or states without
too much homework. Some of its drawers may contain contents which
do not exist yet in the region where you live. That is to be expected,
since some of its contents do not exist until we create them.
The drawers
may take a little time to sort through, but once you get to know
them and start to use their knowledge, adding local contents of
your own to each drawer, you will be amazed at what is possible.
Many people live as if in a mist, where they cannot see clearly
what is happening. A grove of trees is suddenly cut down. Was
there some vital piece of knowledge that you didn't know ? Some
meeting you were not aware of ? Why were you left in the dark,
to bleed for the trees ? If this rings a bell, it is because you
live in the mist.
Then given
this experience, which is common to so many of us, what do you
do with your feelings ? Do you squash them away, becoming in the
process that little bit more angry or cynical ? Do you withdraw
a bit more from the political process ? These are understandable
reactions when someone feels disempowered, who lacks the knowledge
of how to make a difference.
Using the
contents of the chest, you can get to work - you and everyone
who has access to the chest. Your friends, your neighbours, your
local planners and elected councillors, your local land owners
and developers - you can all become involved, taking on the task
of becoming good stewards of the land.
This chest
has been created out of love. It represents a dowry, a gift to
you from a member of the older generation. May its words speak
to you, and may its contents inspire your heart to action.
Guy
Dauncey,
November
1988
1.
A PASSION FOR NATURE
(Top
Row, 1st Drawer)
In the heart
- that is where it begins. In that creek where you love to wander,
or that stretch of forest. That piece of shoreline where the migrating
geese and seabirds come to gather.
Will they
still be there in a hundred years, long after we have died ? Will
our great grandchildren be able to enjoy them, and turn to them
when they need some solitude, as we do today, to think whatever
thoughts they have in that far distant time ?
"Let
us leave a splendid legacy for our children... let us turn
to them and say 'This you inherit; guard it well, for it is
far more precious than money, and once destroyed, nature's
beauty cannot be repurchased at any price.' "
Ansel
Adams
The drawers
in this chest are full of maps, plans, case studies and the means
you need to preserve what is beautiful, for nature and for the
future. Open the drawers, and learn them well. But when you get
weary of the public hearings and community meetings, come back
to this drawer, and let it remind you of nature, and the places
you love.
And remind
yourself : "This is why we're doing it. This is what it's all
about."
ADDITIONAL
CONTENTS (to be added by the owner) : Favourite poems, photos,
maps, memoirs, guides to hiking trails, list of local natural
history and hiking groups.
2.
PERSONAL STEWARDSHIP
(1st
Row, 2nd Drawer)
Your own
land
Here in British
Columbia, only 6% of the land is privately owned, but that 6%
includes some of the province's most biologically valuable areas,
where the fate of the land depends on the knowledge and skill
of the private landowner. As often as not, that might be you.
The first
step is to get to know your land. Who else lives there ? What
is its history ? Invite a local naturalist to tour your land with
you, to introduce you to the different plants and birds, and other
possible inhabitants. Then start to think about how you can enrich
the local habitat, whether by digging a pond, planting trees,
enriching the soil or re-introducing native wildflowers.
If you have
a forest, invite an ecoforester or woodlot holder to tell you
about the health and the age of the trees, and their likely history,
and to offer some guidelines about restoring a healthy forest.
In time, a second growth forest can regain its oldgrowth characteristics.
If you are
lucky enough to own or rent lakefront or waterfront property,
call your local natural history society and invite an aquatic
biologist to tea; then ask him or her to give you an aquatic habitat
tour of your waterfront, to introduce you to the different creatures
who live there. It's good to learn how your septic field works,
too, if you have one, in case you are unwittingly dumping effluent
into the water. Like spilled oil and leaching fertilizers, these
things are alien to nature, and slowly undermine the health of
the water.
And if you
live on a small lot in the city, as many do, get in touch with
Naturescape BC, the backyard nature project. They'll open your
eyes to the many different ways in which you can enrich and protect
the habitat for birds, butterflies, and the host of insects and
tiny creatures for whom your garden is their home.
If there are
special areas on your property which merit long-term protection,
consider placing a permanent conservation covenant on them. This
is the best way to ensure that a creek, a wetland or piece of
forest will be protected beyond your stewardship of the land.
When you sell, or die, the covenant will ensure that the protection
continues.
To be effective,
a covenant must be held by at least two other parties, one of
which might be a municipal council or regional district, the other
a non-profit conservation organization. A new council might vote
to overturn a covenant at the request of a future owner, twenty
years down the road, but if the covenant is also held by a group
whose fundamental purpose involves land stewardship, there will
be less risk of the covenant being overturned without sound ecological
reason. Your covenant should include its ecological rationale,
so that if there is ever a legal challenge, this rationale will
have to be addressed.
Your neighbours'
land
The best way
to persuade your neighbouring landowners to practise good stewardship
is to set up a land stewardship project. A typical stewardship
project might start with a small group of hand-picked, trained
volunteers, who go out and make initial contact with the chosen
landowners. They develop a relationship, and offer them educational
materials, practical assistance and public recognition in the
form of plaques and gatepost signs if they decide to join the
project. In the Cowichan Valley on Vancouver Island, when the
Cowichan/ Chemainus Stewardship Pilot Project contacted 65 landowners
to promote wetlands conservation in the region, more than two-thirds
subsequently agreed to become conservation stewards. The most
motivated might agree to adopt ecological management practices,
and to place conservation covenants on sensitive areas. A typical
land stewardship project might be sponsored by a partnership between
the local government and a non-profit conservation organization,
such as the Nature Trust of BC.
Covenant
enforcement
Then what
about enforcement ? Who will be there to check to see if a covenant
is upheld ? It is unlikely that local government will ever have
the resources to monitor every covenant, to watch for abuse. The
only group that can hope to keep a successful eye on covenants
is a local conservation or community stewardship group (see below)
whose members know the local territory, and make it their business
to keep an eye on things - which takes us into the next drawer.
ADDITIONAL
CONTENTS (to be added by the owner) :
Sample covenants.
Brochures
from Naturescape BC (1-800-387-9853)
Information
from 'Living by Water' (Salmon Arm)
Information
about local natural history societies.
3.
COMMUNITY STEWARDSHIP
(Top
Row, 3rd Drawer)
Above all
else, it is our local knowledge of the land, its history, and
its creeks, forests, fields and wetlands that is needed to understand,
protect and steward it.
Community
Stewardship implies local knowledge on a level at which people
know their neighbours on a face-to-face basis - maybe as few as
20 to 100 homes. A larger residents association might organize
local community stewardship groups within its territory, but most
rural residents associations cover too large an area to allow
for the degree of local knowledge that is needed. One day, every
resident will possess a map or an aerial photo detailing every
stream, every wood and every sensitive habitat area in the area
where they live (see Drawer 5), enabling them to understand what's
there, and to be knowledgeable enough to protect it.
With television
and the mass media stealing away our time and our imagination,
it is easy to become wrapped up in the unreal world of film stars
and distant world events, becoming distanced from our own localities
and neighbours. Community Stewardship offers us a way back to
sanity, regaining our connection with the flow of the creek, the
nesting of the wrens and the seasons of the land.
No-one can
protect a piece of land as well as someone who lives near it,
year-round. No-one else can keep an eye open for neighbours who
thoughtlessly build a concrete edge onto a pond or lake, or plan
to build too close to an eagle's nest. No-one else can make sure
that ecologically valuable areas in their own home patch are protected
through ecological bylaws (see Drawer 6) or Local Area Plans (see
Drawer 7).
It is through
local community stewardship that we can best protect the land.
There are very few such groups yet, operating on such a local
level, but one day, there will be. Think of it as an Ecological
Watch program, like Neighbourhood Watch, and ponder being the
first in your region to start one. All that you need is a map,
and a few willing neighbours. Meet for coffee, give yourselves
a name, and off you go ! It's as easy as that.
ADDITIONAL
CONTENTS (to be added by the owner) :
Aerial photograph
of your home patch. Available from Ministry of Environment, Lands
& Parks, Geographic Data BC, Customer Support, PO Box 9355,
Stn Prov Govt., Victoria BC V8W 9M2, for around $24. Tel (250)
356-5263, Fax (250) 387-3022. www.env.gov.bc.ca/gdbc
Map of your home patch.
'Returning
the Loon to Prospect Lake : A Guide to Restoring, Protecting and
Enhancing the Prospect Lake / Tod Creek Watershed' (250) 479-1956
'Welcome to
the Wetlands', a brochure from the EPA, Region 9, 75 Hawthorne
St, San Francisco, CA 94105 (415) 744-1020
4.
WATERSHED STEWARDSHIP
(1st
Row, 4th Drawer)
Beyond the
home patch, ecologically speaking, lies the watershed. All water
flows downhill, and all land is part of a watershed which integrates
its functions, and its being.
Watershed
stewardship takes the same concern for stewardship and love for
nature, and applies it to the whole watershed, building a partnership
of stakeholders who understand that it is in their own personal
interest to protect and restore their local watershed.
The practice
of watershed stewardship often starts with mapping the flow of
water across the land, from the mountain springs to the estuary
or river mouth where it joins the sea. Where many small watersheds
combine to create one really big watershed, such as the Fraser
River system, the ultimate partnership needs to be a very powerful
body indeed. In most cases, a smaller partnership is sufficient
to assume stewardship over the local watershed.
Watershed
stewardship is usually a game of partnership, not of a single
non-profit group. There are so many different landowners and players
within most watersheds that it takes everyone working together
to achieve good results. It might mean anything from encouraging
local farmers to fix their fences to stop their cows from trampling
in a stream and muddying up the salmon spawning waters, to educating
householders not to pour oils and paint thinners down the storm
drains which empty into the river and the sea. It might mean campaigning
for an end to clearcut forestry or the felling of trees within
15 metres of a creek, or getting a school class to replant willows
and shrubs along a creek bank to stabilize the earth. It might
mean working with a council or developer to ensure that the riparian
areas (the lands alongside a creek or river) are properly protected,
if development goes ahead.
During the
1990s, watershed stewardship groups began to spring up all over
the place as people started to care about their local environment.
The ultimate goal is that every river and every creek in every
watershed should be named, loved and protected, their long-term
security assured.
Forming a
Watershed Stewardship group can be complex, if you seek to involve
every stakeholder right from the start. An easier way to start
is to find some other people who share your interest, and to start
with small, manageable steps. Mapping the watershed is a good
first step, and then hiking it, so that you get to know it. There
are plenty of good watershed protection resources on the Internet,
and in publications that watershed partnerships have put together.
ADDITIONAL
CONTENTS (to be added by the owner) :
Local watershed
information.
Comox Valley
Watershed Directory, Project Watershed, #3 - 2401 Cliffe Ave,
Box 363, Courtenay, BC V9N 2L5 watershed@mars.ark.com
(250) 334-1621
5.
"1000 FRIENDS OF YOUR REGION"
(2nd
Row, 1st Drawer)
It is a characteristic
of our society today that the balance of power lies with those
who know what they want, and who go after it in an organized way.
Developers and builders are organized; councils and planners are
organized; non-profit groups are organized.
When it comes
to defending the land, with its heritage of forest and farmscape,
rivers and creeks, habitats and wetlands, we need to be organized
- and the best way to do that is as a non-profit group with a
clear mission statement. This is more than an area residents association,
and more than a watershed stewardship group; this is a group whose
members address the long term stewardship of an entire region,
who work to educate people about land stewardship, and defend
progressive long-term planning and growth management policies.
This is what
the '1000 Friends of Oregon' did when it was established as a
nonprofit charitable foundation in 1975, to serve as the citizens'
voice for land use planning that would protect Oregon's quality
of life from the negative effects of growth. These are their goals
:
• To
conserve Oregon's productive farm, forest and range lands
• To
promote compact, livable cities with affordable housing, greenspaces
and transportation alternatives
• To
protect natural resources and scenic areas
• To
defend the opportunities for citizens to participate in planning
decisions that affect Oregonians and their communities.
For over 20
years, 1000 Friends of Oregon's 5000 members have successfully
defended Oregon's progressive land-management legislation, and
upheld their goals through a mixture of advocacy, educational
and research activities.
If you want
to work together as a region to become good stewards of the land,
and to defend the goals of heritage, environment, greenspace,
sustainability, natural habitat and human livability, you need
to organize. Every region needs its own '1000 Friends of Your
Region' group, funded by a mixture of membership fees, donations,
legacies, grants and government support. There is no limit to
what can be achieved once you are well organized in pursuit of
a vision that has public support. Without organization, alas,
those who are better organized usually win the day.
ADDITIONAL
CONTENTS (to be added by the owner) :
Information
from 1,000 Friends of Oregon, 534 Southwest Ave, Suite 300, Portland
OR 97204 (503) 497-1000. www.friends.org
6.
CREATING AN ATLAS OF
ECOLOGICALLY
SENSITIVE AREAS
(2nd
Row, 2nd Drawer)
Let's say
you have formed a Community Stewardship group, a Watershed Stewardship
Council, perhaps even a "1000 Friends" group. One of the biggest
hurdles you will now face, as you begin your work of stewardship,
is most people's fundamental ignorance about the ecology of the
area they live in, made worse by their ignorance of community
planning processes.
One of the
best ways to educate people about their ecological heritage is
with an Atlas of Ecologically Sensitive Areas. This takes a lot
of work to create, but once it exists, it exists for everyone.
An atlas can be created by community effort, gradually mapping
in the region through on-the-ground effort; it can be created
through aerial photos shot at a 1: 2000 scale, small enough to
enable you to see almost every house; or (best of all), it can
be a combination of both. The aerial photos are studied and interpreted
by local biologists and naturalists who map in every creek, stream
and river, noting all the fish habitat, who mark in every riparian
area that needs protection, and who map in every wetland, oldgrowth
forest and other areas of special value.
If you are
a resident of the Comox Valley area of Vancouver Island, of Salmon
Arm or the Regional District of Nanaimo, you may already have
seen one of these, and understand how valuable they are as a land
stewardship tool. Now imagine a future where every resident has
a copy of 'their' page from the atlas framed on their wall, and
uses the photos to become familiar with the local ecology, and
to track what needs protecting locally.
The maps are
expensive to produce, but once created, it's hard to imagine how
we ever coped without them. We need to create a whole new tradition
of community mapping, to illustrate not just the details of local
ecology, but also the history of an area, revealing its settler
past, its native past, its geological past. When it comes to land
stewardship, and protecting nature's heritage for the future,
maps like this are worth their weight in salmon spawn.
ADDITIONAL
CONTENTS (to be added by the owner) :
Copy of a
page from the Comox Valley atlas
Maps of your
region which indicate areas of ecological value.
7.
PROTECTING GREENSPACE
(2nd
Row, 3rd Drawer)
Now we come
to the crunch. It's so often like this, that life has been ambling
peacefully along with its minor everyday dramas, and suddenly
you discover that your favorite area of forest or wetland is about
to be clearcut and turned into a shopping mall or a subdivision.
"They paved paradise, and put up a parking lot" (Joni Mitchell).
How can it be saved ?
With advance
ecological planning, through the careful efforts of ecological
mapping and the knowledge of local hikers, birdwatchers and naturalists,
the question can arise in a less intimidating manner. Either way,
we face the question - "How can we protect this piece of land
?"
There are
seven ways in which a piece of land can be permanently protected,
so it is worth understanding what they are :
A. Public
Purchase
Land can be
purchased by each level of government - federal, provincial, regional
and municipal. At the federal level, the government can kick in
if the land fits with the government's priorities. In B.C., the
main areas where the federal government seems to be active at
present (1998) concern salmon habitat protection and marine parks.
They helped with the purchase of Ayum Creek (Sooke) because of
its fish habitat and its critical position at the ocean doorway
to the Sea-to-Sea Greenbelt; and they are helping with the purchase
of land for parks in and around the Gulf Islands. All this takes
major lobbying, and doing good politics.
The provincial
government can also contribute to a land-purchase where both ecological
and political arguments are strong. The Gowlland-Tod Park on the
east shore of Saanich Inlet on Vancouver Island is a good example,
purchased through a partnership with provincial government involvement
in 1993, after several years of persistent campaigning by a visionary
stewardship group.
Finally, regional
and municipal governments can also contribute. They can use money
from existing park allocation funds; they can impose development
cost charges on new developments (see Drawer 10) to pay for greenspace
protection, and they can raise money for greenspace protection
through public referendum. None of this ever happens, needless
to say, without extensive public effort and campaigning.
B. Land
Trades
If the federal
government (and the provincial government, to a lesser extent)
is involved, it has the ability to use its holdings of crown land
to swap a piece of privately owned land that needs protection
for an equivalent piece of crown land somewhere else.
C. Purchase
through Public Donations
All over B.C.,
local groups achieve miracles in public fundraising, pulling together
the partnerships to purchase critical pieces of land. The Friends
of Jedediah, the Pender Islands Conservancy Association, the Galiano
Conservancy Association, the Habitat Acquisition Trust, The Land
Conservancy of BC, the Quadra Land Conservancy, the MacDonald
Wood Park Society (Comox), the Denman Conservancy, the Society
for the Protection of Ayum Creek (Sooke) - these are just a tiny
selection of the myriad groups which engage in land stewardship
through purchase in B.C..
One mechanism
is by establishing a Land Trust, to receive the land. When it
comes to the legal and the technical aspects of all this, the
Victoria-based Habitat Acquisition Trust has set up a permanent
office in Victoria to give advice and assistance to groups wanting
to protect valuable habitat. The Turtle Island Land Trust offers
a similar service from its base in Salmon Arm.
D. Dedication
of Land during Development.
Another way
of saving smaller sections of ecologically valuable land that
are threatened with development lies with the local council or
regional district. They have the power to negotiate with a developer,
and to make the final approval of a project subject to the protection
of certain areas through dedication. Once a developer or landowner
agrees to set an area aside, they must then decide on the best
way to manage and protect it, as a public park, as an ecological
reserve, or by means of a conservation covenant.
E. Conservation
Covenants
A conservation
covenant is a legal agreement signed by two or more parties which
imposes limits on the types of activity which can happen on a
site. Covenants can be used to impose setbacks, to require the
retention of native vegetation, to protect trees, to require the
fencing of an area for prohibit public access, and so on. As mentioned
above (Drawer 2), it is best if one of the parties to the covenant
is a non-profit nature protection society, so that there is minimum
chance of the covenant being overturned at the request of the
owner on some future occasion.
Enforcement
can be a problem if the covenanted area is on private land, which
nobody but the landowner sees. Local government will never have
the resources to monitor local covenants : the best covenant-keeper
is a local community stewardship group (Drawer 3), which can make
it their business to care for the ecological wellbeing of locally
significant habitat.
F. Negotiated
Settlements
This one is
longer and more complex - so bear with me ! When a landowner wants
to develop a piece of land which will involve the destruction
or degrading of an ecologically or socially valuable area, one
of the commonest ways to protect that area is to put sufficient
political pressure on the owner (or the developer) so that he
or she agrees to come to the table and negotiate a new development
plan. How well this goes depends on which of the three types of
land-owner or developer you are dealing with.
Type A
: The Do-Gooders
Type A landowners
and developers (The Do-Gooders) will usually agree quite readily
to adjust their plans. They are the ones who are already pre-disposed
to do the right thing, and who just need some encouragement, or
having their eyes opened to the social or ecological reasons why
a particular piece of land should be protected. The key to success
with a Type A is personal contact, politeness, persistence, helpfulness,
and ongoing contact. Don't disappear on a Do-Gooder !
Type B
: The Good Dealers
The Type B
landowners and developers (The Good Dealers) look out for their
own interests, and usually respond well to a reasonable incentive,
such as being allowed to develop an increased density on the remaining
area of land (density bonusing - see Drawer 10), being given a
reduced development cost charge (also in Drawer 10), or receiving
a tax receipt for an area of land that is placed under covenant
or donated as a public park. The secret of success here is to
make sure that the relevant local government planning officer
is persuaded of the value of the land, and motivated to work for
a good settlement. So find out who it is, establish a relationship,
and get to work. If the planning officer is a sleep, early retirement
type, you will need to go over his or her head to the Chief of
Planning, and the local councillors or regional district directors,
to win their support for a negotiated deal.
Type C
: The "Over My Dead Body" Type
Then there
is the Type C owner or developer ("Over My Dead Body"). These
are the ones who resent any interference with what they perceive
to be their private property rights, who believe that they should
be allowed to develop whatever they want on their land, and who
may respond to the threat of ecological protection by going in
with a bulldozer and destroying the habitat in question. It's
amazing what you can get away with on private land in B.C.. The
Type C owner/developer may also resort to bullying, bribery and
personal intimidation, and may do whatever it takes to get the
local politicians in his or her pocket.
Once you realize
that you are dealing with a Type C owner/developer, the only way
to win is to confront power with power, by building a strong partnership
of people and groups who support your view, and using their strength
to lobby for protection by means of petitions, letters, phone
calls, emails, faxes, rallies, letters to the editor and whatever
other kinds of persuasive method you can think of.
# Useful
Tip No 1 : If you have five members who are committed, set
up an arrangement to take it in turns to phone the object of your
lobbying - Mark on Mondays, Tina on Tuesdays, Wendy on Wednesdays,
Tom on Thursdays, and so on. The sense that you are part of a
team will help you to keep to your commitments.
(i) If the
decision to approve the development plans requires a rezoning
decision, you will have to persuade the local councillors or regional
directors that they should refuse any rezoning which fails to
protect the ecologically sensitive areas. This is a matter of
persuasive and well-informed lobbying.
# Useful
Tip No 2 : When lobbying politicians for something that you
believe to be in the public interest, remember the 4 Ps : POLITENESS,
PERSISTENCE, PERSUASIVE and PARTNERSHIPS. Your opposition may
resort to lies, slanders, distortions, exaggerations and half-truths,
but you should not. Do your homework; martial your arguments;
inform your supporters; get as many people out to the relevant
meetings; and when you speak, be brief and to the point. Politicians
despair of people who rant and ramble.
# Useful
Tip No 3 : Just like the landowners and developers, there
are three types of politician : (A) The Ego-Boosters, who love
to have their name in the papers, and to receive lots of praise
and attention; (B) The Axe-Grinders, who got elected to pursue
a single issue, such as defending property rights or cracking
down on crime; and (C) The Do-Gooders, who genuinely want to serve
the community and build a better world. Invest your energy with
the Do-Gooders. Ignore the other two categories, at least until
you know that you need their vote.
(ii) If the
development plans do not involve a change to the existing zoning,
the necessary approval requires only the signature of the approving
officer, in accordance with a piece of legislation that's called
the Subdivision and Servicing Standard Bylaw.
If the land
is in an area which has been incorporated as a municipality (a
village, town or city), the approving officer will probably be
the chief planning officer or the municipal engineer. If it seems
that the ecological interests are being ignored, your lobbying
will need to go over his or her head to the politicians, who have
the power to instruct the approving officer to pay more heed to
ecological considerations. This is particularly so if the Official
Community Plan (OCP - see Drawer 9) for the region contains environmental
policies, which the approving officer must then heed. All these
things are so connected !
If the land
is unincorporated (ie it's a rural area), the authority for subdivision
approval lies with the Deputy Minister of Transportation and Highways.
He or she is designated as the approving officer through the Land
Title Act (section 77). This is not an elected position, and neither
is it a good arrangement, since the Ministry of Transport has
a minimal tradition of ecological protection, and is generally
dominated by engineers who are more sensitive to concrete stress
standards than they are to wildflower stress protection. If the
approving officer seems similarly insensitive, your best bets
are to lobby your local MLA, to lobby the Minister of Transport,
requesting that approval be denied until the necessary ecological
protection measures have been put in place, and to go to the Regional
District Board of Directors, to persuade them to get involved
by writing a firm letter to the approving officer, with copies
to various politicians. Once again, if the Regional District's
Official Community Plan contains environmental policies, it will
be easier to persuade the approving officer that the relevant
ecological protection is in the public interest.
The legislation
which gives them the authority is the Land Title Act (see Drawer
8), which is very weak when it comes to ecological protection.
The Act gives the approving officer the authority to consider
matters of public interest, but it is up to the officer to decide
what the 'public interest' involves - this is why it is so important
to have clauses relating to environmental stewardship in your
Official Community Plan (see Drawer 9), to strengthen the case
for this being considered a 'public interest'.
G. Expropriation.
The public
expropriation of land is used by the Ministry of Transportation
and Highways when they want to build a highway (with compensation),
but is very rarely used by municipalities or other arms of government
for the purposes of protecting nature. The most notable exception
concerns greenways (see Drawer 12).
ADDITIONAL
CONTENTS (to be added by the owner) :
Brochures
for Habitat Acquisition Trust, The Land Conservancy, Turtle Island
Earth Stewards.
'Environmental
Stewardship : A synopsis of Local Governments' Powers' (Fraser
River Action Plan, Habitat & Enhancement Branch, Department
of Fisheries and Oceans, #400, 555 West Hastings St, Vancouver
V6B 5G3
Written examples
of covenants.
Booklets on
good lobbying and campaign techniques
List of local
politicians with their home and their work phone numbers.
List of key
municipal and regional planning and engineering staff.
List of approval
staff at the Ministry of Transportation & Highways.
List of local
MLAs, with contact details.
List of Cabinet
Ministers, with contact details.
8.
STEWARDSHIP BYLAWS
(2nd
Row, 4th Drawer)
Thought we
were through with the legal stuff ? No such luck. This stuff might
seem tedious, but these bylaws can mean the difference between
saving or losing a wetland or an area of oldgrowth forest. So
listen up !
There are
several types of bylaw that a municipality or regional district
in B.C. can use to practice good land stewardship. Most municipalities
and regional districts have some of these bylaws on their books,
but many are weak when it comes to protecting nature, and in need
of revision. The booklet 'Stewardship Bylaws : A Guide for Local
Government', part of the Stewardship series published by a provincial/federal
partnership, has all the details that you need to revise a bylaw,
or to create a new one.
(a) Official
Community Plan and Rural Land Use bylaws (see Drawer 9). These
are the big ones, which are really important - so they get a whole
drawer to themselves.
(b) Zoning,
Density Bonus and Development Permit bylaws (see Drawer 10). These
are critical when it comes to any kind of development - so they
get a drawer to themselves, too.
(c) Tree Protection
bylaws and cutting permits. In urban areas, tree protection bylaws
can be used to limit all cutting of trees, or to limit just certain
kinds of cutting. In rural areas, they are best used to protect
trees in sensitive areas such as riparian zones (along river banks),
or to protect all trees within designated environmentally sensitive
areas (ESAs), in order to preserve habitat. The bylaws may also
identify trees which are significant for heritage, landmark or
wildlife values.
(c) Soil Removal
and Deposition bylaws, which can be used to stop builders from
stripping the topsoil and selling it off, leaving a barren lot
that's only good for thistles. They also allow a municipality
or regional district to minimize dangers from sedimentation, flooding
or erosion, both anywhere, and within environmentally sensitive
areas.
(d) Water
Conservation bylaws, which give a municipality or regional district
the means to set standards for stormwater management design, erosion
control and water quality, and the ability to require a permit
for all works on watercourses and wetlands.
(e) Landscape
and Screening bylaws, which can be used to set the standards you
want for landscaping restoration near ESAs, to promote ecological
restoration.
(f) Animal
control bylaws - which can be used to keep dogs out of a nesting
area, for instance.
(g) Integrated
Environmental Protection bylaws - this is a smart way to create
a single package out of all these different bylaws, to make them
easier for the public to comprehend. The District of North Vancouver
pioneered this approach, and showed how valuable it could be.
(h) Subdivision
and Servicing Standards bylaws. These are the standards which
must be followed when a landowner or developer applies to develop
a piece of property, referred to above, in Drawer 8. The key thing
to remember is that in a municipality, the bylaw is managed and
interpreted by the municipality's approving officer, while in
a rural, unincorporated area, it is interpreted by the Deputy
Minister from the Ministry of Transportation and Highways, in
whose hands, they are used to impose whopping wide roads in the
middle of quiet rural areas.
In both cases,
the approving officer is required to heed the public interest,
and the place to define this is your Official Community Plan -
which is why it is important to make sure you have clauses about
environmental protection written into the Plan. The bylaws can
also be used to protect vegetation, to require replanting, to
prevent erosion and to control stormwater flow.
ADDITIONAL
CONTENTS (to be added by the owner) :
'Stewardship
Bylaws : A Guide for Local Government'
Copies of
local municipal and regional district bylaws, with critical clauses
highlighted.
9.
COMMUNITY PLANS
(3rd
Row, 1st Drawer)
There are
four types of community plan in B.C. : Official Community Plans,
Electoral Area Plans, Local Area Plans and Regional Growth Management
Plans. Make no mistake - these plans are very important. They
are not as definitive as the actual zoning bylaws (see Drawer
10), but they set the stage for the entire context within which
planning, development and rezonings take place.
The Official
Community Plan (OCP) is your primary land-use planning tool, which
sets up the overall framework of goals, policies and uses for
your area. In a rural, non-incorporated area, the equivalent document
may be called a 'Rural Land Use Bylaw'. That may sound very dull,
but it is still a vitally important piece of legislation. The
primary purpose of an OCP is to provide a guide for future land
use and community development decisions.
Some OCPs
are good - and some are weak. Some are well written - some are
written in 'plannerese'. Although it is supposed to be a plan,
describing the democratically agreed intentions of residents regarding
their region for the next 20 years, in reality, most OCPs are
simply wish-lists, with no actual plans to implement the contents
of the list. One day, the OCPs and other plans may be written
in such as way that local residents treasure them as visionary
documents, from which they can draw understanding and inspiration.
An OCP describes
a mixture of what is and what could be. A good OCP will set down
the goals and policy intentions for such things as greenways,
open space, riparian protection, habitat protection, urban containment
boundaries (see Drawer 11) and parkland dedication. When it comes
to a dispute over a rural subdivision approval, the right phrase
in the OCP might make the difference between a creek or a greenway
right-of-way being protected, or not.
Your local
OCP will include the guidelines for the issuing of Development
Permits (see Drawer 10) that can be required for development in
ecologically sensitive and other areas. It can lay down the principles
along which Urban Containment Boundaries should be established,
and it can lay down design guidelines for clustered developments
(see Drawer 11). It can also describe your area's goals, objectives
and policies for the development of the local economy, and for
affordable housing. Although it has not yet been done, an OCP
could also lay down goals and policies for renewable energy projects
such as solar orientation, windmills or tidal turbines.
For the most
part, your OCP will describe policies which are within the jurisdiction
of your local regional district. Where it refers to policies and
goals which are beyond the regional district's jurisdiction, they
are defined as 'broad objectives' (Municipal Act Section 878(2)),
and called 'advocacy policies'.
In theory,
an OCP is supposed to be reviewed and revised every five years.
In practice, they sometimes go as long as 20 years without proper
review. By contrast with how it's usually done, the process of
OCP review should be seen as the single most important opportunity
whereby local people can lay down the long-term goals and policies
that will govern the future of their region.
Until 1997,
it was not possible to include clauses concerned with environmental
stewardship in an OCP in British Columbia - doesn't that tell
you something ? Thanks to some citizen activism, this is now possible
(see Drawer 19). This gives you a good excuse to call your local
planning department to ask what their plans are to develop new
clauses on ecological stewardship and protection, or to make a
formal proposal to your local council or regional board to start
such a process.
So call your
local planning department, get yourself a copy of your OCP, and
sit down to read it. While you're reading it, ask yourself how
it could be made more accessible, and easy to understand. How
about a sentence in italics under each clause, for instance, explaining
why that clause is there - "de-constructing" it, as it were ?
The next layers
down from the OCP are the Electoral Area Plan (if you live
in a rural area) and the Local Area Plan. These are similar
to the OCP in structure and design, and legally, they are part
of the OCP - they fall under the same section of the Municipal
Act. The Local Area Plan is the level at which a local community
association can do an actual walk-about with the planners and
local councillors, discussing every street, creek, park and corner
in a hands-on manner.
Beneath these
various plans lie the actual zoning bylaws (see Drawer 10), which
define the land-use as residential, commercial, industrial, or
one of a hundred variations on these themes. The zoning bylaws
are the real bottom line. When the plans differ from the zoning
bylaws, it is the zoning bylaws which have precedence, not the
various plans. Whenever a zoning bylaw is changed, or when a new
one is introduced, there must be four readings of the new zoning
bylaw by the local council or regional board, with a Public Hearing
before the 3rd reading (see Drawer 17). This means that in order
to interpret your OCPs, EAPs or LAPs, you also need the zoning
map, to see how the land is actually defined today - as opposed
to how the various community plans might like it to be defined
in the future. This is a critical distinction, which needs to
be understood.
By the logic
of its scale, the Regional Plan or Regional Growth Management
Plan should come first, before the OCP. In B.C., however,
regional planning was abolished in 1983, leaving a vacuum for
a period of 12 years in which there was no regional planning at
all.
Following
the passage of the Growth Strategies Statutes Amendment Act in
1995, however, regional districts and municipalities are permitted
to develop regional plans, through a co-operative, consensual
process. The process leaves a lot to be desired, but the goals
of the legislation are solid, and where local municipal councillors
and regional directors are willing, it can be used to create a
very progressive long-term regional land-use plan.
The official
purpose of a regional growth strategy is "to promote human settlement
that is socially, economically and environmentally healthy and
that makes efficient use of public facilities and services, land
and other resources". (Municipal Act, 942.11). Among other things,
a growth strategy can work towards :
• Avoiding
urban sprawl;
• Settlement
patterns that minimize the use of automobiles and encourage
walking, bicycling and the efficient use of public transit;
• Protecting
environmentally sensitive areas;
• Preserving,
creating and linking urban and rural open space including parks
and recreation areas;
• Planning
for energy supply and promoting efficient use, conservation
and alternative forms of energy;
• Good
stewardship of land, sites and structures with cultural heritage
value.
Elsewhere
in North America, regional planning is being used to control sprawl,
and protect forests and farmland. In Hawaii, a statewide zoning
system preserves agricultural land and scenic resources. In Maryland,
under the incentive-based Smart Growth program, the state won't
subsidize highways, water lines, sewers, or school construction
outside designated areas. Here in B.C., the true potential of
growth management planning to change the way we live and impact
the land is yet to be seen. The Regional District of Nanaimo has
set a good precedent, with its Growth management Plan of 1997.
Until we change the legislation, to make it stronger, it's the
best we have to work with.
ADDITIONAL
CONTENTS (to be added by the owner) :
Copy of local
OCP, EAP and LAP
Copy of the
Regional Growth Management Plan - or documents from the Regional
District relating to its development.
10.
PLANNING TOOLS
(3rd
Row, 3rd Drawer)
Welcome to
the world of zoning bylaws, development permit areas, density
bonus agreements, amenity bonusing, density transfers, comprehensive
development zones, development variance permits, development cost
charges, environmentally sensitive designations, and so on.
We're getting
deep into planning territory here, so don't forget your self-esteem
booster - the inner reminder you give yourself whenever you begin
to feel overwhelmed. "Don't worry," your booster should tell you.
Take it slowly, one piece at a time. And if in doubt, ask. If
a planner or councillor is worth his or her salary (which you
are paying, as a local taxpayer), they will pause to explain it
to you.
It is only
by giving up that so many people have found themselves outside
the planning loop, feeling disempowered and as often as not, a
little disgruntled. If you persist, you'll soon learn what all
the various terms mean. So lets' start at the top :
(a) Zoning
Bylaws.
These provide
the legal definitions of local land-use. Every piece of land is
zoned for something or other - residential single family, residential
duplex, mobile home park, tourist commercial, highway commercial,
industrial, rural, or whatever. There's a lot of sense in this
- not many people want their children playing next to a noisy
factory, or living next to a pub. The fashionable idea from the
1950s was to achieve a proper separation of the zones. Today,
there is a move back to slightly closer integration, to encourage
mixed-use village and neighbourhood centres, and to get away from
those vast sterile suburbs.
When it comes
to land stewardship, the zoning of the land and its terms are
crucial aspects of its protection. On privately owned land, the
lower the permitted density, the less the likely impact. In addition
to defining the permitted density and the land-use of a particular
parcel or area, a zoning bylaw can include stewardship clauses
designed to protect watercourses, watercourse leave areas (is
the areas around a watercourse), or sensitive terrestrial ecosystem
leave areas within an area - so that even if a landowner has the
zoning to build two houses, he or she will not be permitted to
build them where they would threaten the ecological integrity
of a watercourse or sensitive area.
And remember,
every time a zoning by-law is changed, there must be a Public
Hearing. The system is far from perfect, and when we get to Drawer
No 17, we'll talk about ways in which Public Hearings can be more
effective.
(b) Development
Permit Areas (DPAs)
This is a
very useful planning tool, which allows your councillors or regional
directors to lay down guidelines for the protection or development
of certain areas.
Under the
Municipal Act, a Development Permit Area can be designated for
the following reasons :
(a) To protect
the natural environment, its ecosystems and biological diversity;
(b) To protect
against soil erosion and hazardous conditions;
(c) To establish
guidelines governing the form and character of heritage sites,
and for commercial, industrial or multi-family residential development.
Note that
there's nothing here about single family dwellings, which means
that once a developer has received approval to build a subdivision,
there's nothing that a local council or planning department can
do to stop an invasion of pink stucco clones with double garages,
if that's what a developer decides the public wants - unless you
could persuade a judge to rule that pink stucco was a hazardous
condition.
DPAs can be
very useful - so it's worth finding out more about them. They
can be used to protect watercourses, hazardous areas and ecologically
sensitive areas by the use of setback requirements, restrictive
covenants, shoreline protection, providing buffer strips along
streams, preserving native plants, providing geotechnical reports,
doing ongoing environmental monitoring, posting bonds, etc. Thanks
to this legislation, also, the eagles, herons and other ecologically
sensitive species can receive what is in effect their own special
zoning, to ensure the protection of their nests.
If your municipality
or regional district already has blanket environmental protection
by-laws in place (see Drawer 8), the Development Permit guidelines
can be used to vary the terms of the regulations in certain areas.
If it does not have those blanket by-laws, the permits can be
used to achieve the same effect within the Development Permit
Areas.
The strength
of a development permit depends on the wording of the development
permit guidelines in the OCP. A development permit can be required
in an area only if the OCP (or EAP or LAP) defines the area as
environmentally sensitive. Also, legally, a development permit
is a "may" clause, not a "must" clause. When it comes to the development
of a piece of land where a developer sees exciting opportunities,
there may be a lot at stake - enough to make him reach for his
lawyer if he thinks it will protect his right to do what he wants
with the land. If the definitions in the OCP are not tight enough,
many councils will back down, following advice from their legal
department that the developer might sue them. In Drawer 19, we
learn how to strengthen this kind of legislation.
Note - Development
Permits can be used in Regional District OCP areas, but not in
Regional District Rural Land Use Bylaw Areas, where the lot sizes
are 8 hectares or larger.
(c) Density
Bonus Agreements
This is an
intelligent arrangement which allows a council to twist a developer's
arm, and say "You give us a children's play area, 20% affordable
housing, a greenways right of way, 30% green space, a covenant
protecting the lands by the creek and a network of pedestrian
trails, and we'll allow you 30% increased density on the rest
of the land."
Planners and
councils use bonusing agreements all the time, but Jo and Josephine
Public often don't understand how the system works, or how they
could use density bonusing to argue for additional protection
for a piece of woodland, or for the develop to provide an amenity
such as a village hall.
(d) Density
Transfers
If a developer
has bought twenty acres, zoned as one-acre lots, he might want
to develop it as such to avoid all the hassle of going through
a land-use change, with a public hearing. This is exactly how
rural sprawl gets created, with individual lots that are too large
to garden and too small to farm, in a low density that encourages
everyone to drive, and can never support a bus service (that needs
15 units to the acre).
The density
transfer says "We'll let you transfer all the density on the 20
acres to just two of those acres, creating a neat little cluster
of housing, on condition that the other 18 acres are left as forest,
green space or farmland." In terms both of land stewardship and
of sustainable community design, this makes absolute sense. Individual
people may think that heaven is their own private acre of land,
but when we all start doing it, the result is appalling.
Density Averaging
is a similar tool to a density transfer, which allows you to move
those 20 homes around on your 20 acres, without changing the overall
density of the acreage.
In Suffolk
County, New York, a system called 'transfer of development rights'
allows owners of property in conservation areas to transfer their
development rights to other locations, and sell them to landowners
in non-conservation areas who want to increase the density on
their lands - an interesting concept, which controls the spread
of sprawl without alienating rural landowners.
(e) Comprehensive
Development Zones
In the planners'
world, everything's got to be a zone of some kind or other. A
planner without zones is like a banker without money or a farmer
without fields. But what if you want to design a pedestrian urban
village or a rural ecovillage where people live above their businesses
and the high school takes place in different buildings throughout
the village ? Instead of zoning the land into separate areas,
it often makes more sense to describe the area as a Comprehensive
Development Zone, [MAY NEED MORE ?]
(f) Development
Variance Permits
A Development
Variance Permit is a chameleon, that enables a council or regional
board to vary the terms of a zoning bylaw or setback requirement.
It's both a sensible recognition that human nature and creativity
can't be confined to narrow rules, and a potential foot in the
door for weakening whatever land stewardship requirements may
exist in the zoning.
(g) Development
Cost Charges (DCCs)
Why should
the general tax-payer pay for all the extra costs that a new development
requires - roads, sewers, water, social services ? Why not bill
them back to the developer and the new home-owners? That's what
development cost charges allow, using a formula based on the size
of a development.
In a socially
and ecologically smart world, it makes sense to take the DCC concept
further (10,000 miles further), using them to encourage social
and environmental sustainability. This might or might not require
a change to the Municipal Act (see Drawer 19), depending on which
municipal lawyer you listen to.
The suggestion
is to increase the basic DCC 20-fold, and then to reduce it according
to an agreed menu of social and environmental improvements. Affordable
housing ? 10% off. Traffic calming and designs for pedestrians
? 10% off. Greenways and protected greenspace beyond the normal
5% requirement ? 10% off, and so on until the DCC is down to zero,
reducing the downstream municipal costs while providing a big
incentive for socially and environmentally responsible development.
ADDITIONAL
CONTENTS (to be added by the owner) :
Copy of the
local Zoning Map
Examples of
local Development Cost Charge agreements
11.
HUMAN SETTLEMENTS
(3rd
Row, 3rd Drawer)
Clustered
Greenspace Developments
One of the
biggest threats to the ecological integrity of the land is the
spread of suburban sprawl, pushing its identikit subdivisions
through forest, field and stream like fungus on a rose-bush. Developers
may say "This is what people want", but home-buyers are rarely
given the choice (for instance) of living in a clustered greenspace
development.
Say you have
20 acres you are planning to develop. In a clustered greenspace
development, instead of covering it with 80 1/4 acre lots, you
cluster the houses into pockets of higher density and preserve
the rest of the land as public green space or protected habitat
areas, linked by trails, with a small village centre.
The ideal
density, from a public planning point of view, is 30 units to
the hectare (or more), since this allows cost-effective public
transit. The individual lots may be smaller, but the public amenities
and greenspace are larger, increasing the property value to the
homeowners. Which would you prefer - a house on a larger lot in
a sea of suburban roads, with no trails, no parks, no greenspace
- or a smaller lot next to a beautiful creek or forest ? The market
evidence is beginning to back the clustered option, although some
developers are slow to catch on. The principles of clustered greenspace
development can be written into an OCP, to serve as a guideline
for the council and planners when new developments are proposed.
The best guide to a different way of building on the land is the
book 'Green Development - Integrating Ecology and Real Estate'
(Wiley & Sons).
Transport
What has transport
got to do with land stewardship ? On a global level, the carbon
emissions from our vehicles are contributing to global warming,
which is responsible for a major increase in catastrophic flooding,
drought and forest fires. In ecological terms, global warming
is the greatest challenge that the natural world has faced since
the onset of the last ice age, 25,000 years ago. Among other things,
it is threatening entire species such as the salmon, which cannot
survive the warmer river and ocean temperatures.
From a policy
perspective, ignoring sustainable transport means reverting to
the default assumption that everyone will drive everywhere (and
need to park once they get there), sentencing acre upon acre of
land to the ultimate death sentence - a permanent crop of asphalt.
We have several
tools at our disposal to approach transportation more sustainably
:
(a) Public
Transit. When development approaches 30 units to the hectare,
public transit starts to work, financially. Lower densities require
bigger subsidies to finance the increased cost of stopping more
frequently.
(b) Railways
& LRT. Where a railway line can be restored or revitalized,
or used for a LRT corridor, it makes sense to plan human settlements
along its route.
(c) Pedestrian
and Bicycle Planning. The easier it is for pedestrians and
cyclists to get around, the more they will do so, and the less
they will drive.
(d) Transport
Demand Management (TDM). This is the phrase that planners
use to describe a range of measures that make it easy for people
to travel without cars, such as providing park & ride facilities,
cycling, car-pooling, full-price parking and providing non-car
travel incentives. Where a good TDM policy is in place, there
are sound arguments for reducing the amount of land required for
parking under the usual parking bylaws.
(e) Car
Share Co-operatives. Clustered developments make it easier
to start a local car share co-operative. In western Europe, 150,000
people belong to car share coops, instead of owning private vehicles.
They drive less, and make up the difference by more walking, cycling
and use of public transit. Here in B.C., car sharing has taken
root in both Victoria and Vancouver. (vvv.com/~carshare/)
Sewage
Treatment
The uncontrolled
use of wells and septic systems can pollute and exhaust and the
groundwater, posing a major threat to an area's natural and human
inhabitants. This often brings the call for proper sewage treatment
- but there is a common assumption among some developers and realtors
that as soon as an area goes onto a main sewer, it is ripe for
development. It is a poor reflection of past land-use planning
that something as mundane as sewage treatment should drive development,
instead of the larger goals of sustainability and greenspace protection.
Paradoxically,
the arrival of new tertiary sewage treatment systems (Solar Aquatics,
Hydroxyl, Murray-Hill membrane) allow an isolated area to adopt
the very best in local sewage treatment, without being hooked
into a municipal sewer. Since sewage treatment financing is always
better when there are more houses, the faulty logic of allowing
increased development around a sewage treatment system will still
exist.
Water
The increased
consumption of water can be limited by encouraging the use of
water efficient toilets and fixtures in community plans. Similarly,
the detrimental effects of allowing run-off to escape into storm
drains (and dumped into the local river or lake) can be remedied
by encouraging the use of natural swales, which recharge the land.
In rural areas,
composting toilets and constructed wetlands for greywater can
also be used to lessen water-use, while retaining the natural
rate of groundwater recharge.
To keep track
of overall water use in a region, an aquifer inventory and groundwater
management plan should be made, and built up over time by the
local planning and engineering departments.
EcoVillages
The ecovillage
goes a few steps beyond the concept of a clustered greenspace
community. It's a bit like baking a cake. You start off by designing
the village as a cluster of pedestrian-oriented, solar-designed
houses, so that the village can be car-free, with parking off
to one side. Then you add in energy efficiency, water efficiency,
resource conservation, community allotments, edible landscaping
and ecosystem approaches to sewage and stormwater, to minimize
the village's impact on the environment, while using design and
affordable housing methods to maximize the community's social
wealth. The land that has been protected by the more compact building
can be used for green space, farming or forestry, and also used
to build the village's economy, so that its residents can live
and work locally. It is a very rich concept, whose time has come.
Urban Containment
Boundaries
The concept
is simple - you draw a line around an urban area,, and say "No
further !". Inside the boundary, development can proceed to higher
densities, but outside, it must maintain a low-density, rural
character.
The process
of establishing a boundary sends a crucial message to rural land-owners
and others who have an eye on rural lands for development, saying
"not here". A municipal council can look at its maps, launch a
community process to decide the appropriate boundaries, and then
literally draw a line on the ground, passing a bylaw to disallow
any increase of density outside the line. Such a bylaw should
be accompanied by an amendment to the OCP, to give it greater
strength.
Most of western
Europe takes urban containment boundaries in rural areas for granted.
Those lovely Swiss, Austrian and English villages with their tightly
packed houses surrounded by woodland or farms are simply the result
of good planning, and containment boundaries. Without such a boundary,
every rural lot becomes a potential subdivision, and rural landowners
begin to assume that they are entitled to develop their land as
a source of windfall income.
Whenever an
urban containment boundary is proposed, there is need for a public
interest group to defend the concept, because there will be many
who oppose it, from builders and developers to land-owners. That's
why the contents of Drawer 5 are so important (A 1000 Friends
of Your Region), to provide a voice for the greater needs of the
region as a whole.
In Oregon,
growth-management legislation requires every municipality to develop
a twenty-year urban growth boundary. In the San Francisco Bay
Area, eight communities including San José have adopted
urban growth boundaries promoted by a citizens' group called the
Greenbelt Alliance. And in the Lexington, Kentucky area, urban
growth boundaries protect the Bluegrass horse farms.
Development
Report Cards
When a development
is proposed and brought to council for comment, how are councillors
or regional directors to judge the proposal ? They have no formal
training in the field - and yet they have the power to approve
or deny developments.
If a council
has a social and an environmental planner, the first step is easy
- send it for a Social and Environmental Review. The Municipality
of Saanich does for most of its larger proposals, ensuring that
the councillors receive a careful study of the implications before
they decide what to do.
An second
approach lies with the concept of a Community Report Card - a
100-point questionnaire being developed by the South Island Sustainable
Communities Network, based in Victoria. This allows community
groups, planners and developers to assess a project on ten major
dimensions of sustainable design, giving each a score out of ten
(See Appendix. The ten dimensions are location; density; urban
design; ecology; town/village centre; local economy; getting around;
affordable housing; livable communities; and sewage, water, energy,
waste & building materials.)
ADDITIONAL
CONTENTS (to be added by the owner) :
12.
GREENWAYS
(3rd
Row, 4th Drawer)
The vision
of a local and a regional network of greenways is very powerful
: imagine being able to travel around by bicycle, horse or on
foot on off-road trails, and get where you are going in peace
and safety, passing along beautiful forested and open country
trails.
There is a
lot of support for the general concept of greenways - as long
as the route crosses someone else's land. If there is not an existing
Greenways group or partnership in your region, your best starting
place is to meet with other people in local community and environmental
groups, find other people who are interested, and start mulling
over the maps. It needn't matter if some of your lines pass across
seemingly unbridgeable ravines or weave through pristine suburban
neighbourhoods. Who knows what the future might bring ? A future
fundraising effort or a green-minded government might pay for
a bridge - and a group of future suburbanites might even turn
over parts of their yards to create the greenway. A lot can change
in 20 years.
The initial
vision is one thing : the detailed implementation requires years
of persistence, patience, persuasion, research and hard work.
The key to success lies with building a solid partnership with
the regional district, local municipalities, the province, local
community and environmental groups and large land-owners, especially
in forest and agricultural areas. To make progress, you'll need
a committed non-profit society or greenways partnership with members
who are willing to undertake the detailed work of negotiation,
land purchase, fund-raising, trail-building, etc, and you'll need
good connections with local MLAs, who can pull strings on your
behalf.
As soon as
you can, even if you have no idea where the actual routes of the
greenways will go, it is wise to write greenways goals and policies
into your community plans, verbalizing the vision and expressing
the intention to create the greenways, giving the intention legal
weight. You might want to do this as an amendment to the existing
plans, if it is likely to be some years until a new community
plan is produced.
Luckily for
us all, a superb guide has been written as part of the Stewardship
Series, called 'Community Greenways', published by the Ministry
of Environment. To obtain a (free) copy, call 387-9853 in Victoria,
or 1-800-387-9853 if you are outside Victoria.
ADDITIONAL
CONTENTS (to be added by the owner) :
Copy of the
Community Greenways guide
Maps of local
trails and footpaths
List of local
people who are interested in or pursuing the greenways vision
13.
SUSTAINABLE AGRICULTURE
(4th
Row, 1st Drawer)
Agriculture
are forestry are the two defining planes of British Columbia's
landscape - the yin and the yang that offset and balance each
other. Both must be protected, if we are to protect the land as
a whole.
Legally, we
have the ALR (the Agricultural Land Reserve) and the FLR (the
Forest Land Reserve), which prevent urban development from eating
away at forests and farms. These provide us with an excellent
foundation from which to work.
For agriculture,
these are the main tools which can help you build a sustainable
agricultural sector in your region, which can build the strength
of the local agricultural economy without contributing to soil
erosion, creek pollution or chemical contamination from pesticide
and herbicide drift.
(a) Organic
Farming, ending the use of chemicals on the land, while encouraging
the return of songbirds, snakes and other species and producing
quality organic food for local use.
(b) Brown
Box programs, also known as Community Supported Agriculture,
by which local growers supply their customers with a brown box
full of organically grown fruit and vegetables every week. By
setting up a Brown Box Co-operative, many smaller, part-time and
back-yard urban growers could find a ready market for their crops.
The easier it is for local farmers to earn a living, the greater
the guarantee that the agricultural land-based will remain protected.
(c) Farmers'
Markets, bringing the food direct to the customers, and strengthening
the relationship between the farm folk and the city folk.
(d) Community
Seed Exchanges, getting people back in touch with the tradition
of storing and exchanging non-hybrid and heritage seeds.
(e) Subsidized
Agricultural Water Rates, to ensure that the urban demand
for water does not price out the farmers, a tendency which has
been observed all over the world.
(f) Linking
Land and Future Farmers (LLAFF). Established in Greater Victoria,
LLAFF is a non-profit volunteer-run organization that links people
who want to farm but have no land with people who have land but
do not want to farm. Similar organizations could be established
wherever there is a rural base, and where it is clear that there
are fields sitting idle, for whatever reason.
ADDITIONAL
CONTENTS (to be added by the owner) :
Addresses
of local Brown Box Programs
Addresses
of local Farmers and Organic Farmers Organizations
14.
SUSTAINABLE FORESTRY
(4th
Row, 2nd Drawer)
The forest
is the beginning of everything, here in B.C.. Before there were
people, there was the forest, and the wealth of wildlife which
live in the forest, from deer, bears, cougars and eagles to swamp
cabbages, banana slugs and the humble deer-mouse, whose dung is
so critical to the life-cycle of the tree roots.
To an outsider,
at first glance, it might seem as if all is well in the forest.
There are trees standing, everywhere. The experienced eye sees
more, however. It sees how little of the original oldgrowth forest
is left, even within the parks, with its huge trees, its rotting
nurse logs and standing snags. It sees how dense is much of the
secondary working forest, and how barren it is of wildlife, because
the trees are all of the same age, and growing too close together,
for lack of proper thinning.
This is not
the place to go into the complexities of forest politics. For
those of us who see the need to protect the forest from the perspective
of land stewardship, however, there are some essential tools which
can be used :
(a) Ecologically
Certified Forestry. The biggest risk to our forested lands
lies with the practice of industrial forestry, which often clearcuts
the land, muddies the streams, destroys habitat and leaves us
with a single species apology for a forest. Ecoforestry is forestry
that is practiced according to ecosystem-based principles. It
maintains the multi-generational aspect of the forest, preserves
a percentage of old-growth trees, preserves the soil, protects
wildlife habitat, and over a 200 year period, can yield twice
or even three times as much timber as clearcutting does, and of
a higher quality timber, too.
(b) Community
Forestry. The government's definition of community forestry
is industrial forestry, but controlled by a local municipality
or community forestry corporation. Now imagine it going a step
further down the road, as the Community Forest Committee is doing
on Cortes Island, where some islanders are planning towards a
future where they would establish a community ecoforestry corporation,
raise a major chunk of loan capital, buy the forest off its owner,
MacMillan Bloedel, and manage it according to ecoforestry principles.
If successful, over the long run, they would produce more timber
and generate more permanent jobs than industrial forestry can
ever do, while safeguarding Cortes Island's forest heritage forever.
(c) A Forest
Practices Act for Privately Owned Land. At present, there
are no government controls over how a private landowner can log
his or her land. This is a travesty of everything that land stewardship
stands for, and for communities such as Denman Island, it means
that the islanders must witness their island's forest heritage
being ferried off the island, 20 truckloads a day. There is an
urgent need for a Forest Practices Code which will apply to private
lands, as it does to crown lands - and for the Code to be strengthened,
so that forest stewardship under the Act becomes a meaningful
term.
(d) Wilderness
Preservation. In many areas of B.C., stewardship of the land
means a struggle to protect certain areas of wilderness from logging
altogether, whether it is in Clayoquot Sound, the Stoltzmann Wilderness
or the Great Bear Rainforest. Without these large protected areas,
the particular magic that is British Columbia will disappear.
Scotland, with its barren moors, was once an oldgrowth rainforest
- and we should never be lulled into believing that it cannot
happen here.
ADDITIONAL
CONTENTS (to be added by the owner) :
Literature
from local preservationist groups such as the Sierra Club, Western
Canada Wilderness Committee.
Maps of local
forest lands, with details of ownership
Maps of forest
trails and logging roads through crown lands and private lands
Details of
new government tax-break for privately managed land
15.
SUSTAINABLE INDUSTRY
(4th
Row, 3rd Drawer)
Notes
The need for
employment, and for industrial zoning
The potentials
of industrial ecology, and eco-industrial parks
ADDITIONAL
CONTENTS (to be added by the owner) :
16.
A SUSTAINABLE ECONOMY
(4th
Row, 4th Drawer)
Notes
Local CED
Corporation
Community
currencies
Community
finance/Community Bonds
The need for
jobs, & greater local self-reliance
Green energy
ADDITIONAL
CONTENTS (to be added by the owner) :
17.
PUBLIC INVOLVEMENT
(Bottom
Row, 1st Drawer)
Even in a
perfect world where local councils and planners made perfect decisions,
there would still be need for public involvement, because that
is the only way to bring in local knowledge, and to allow for
a proper democratic process over land-use changes. Where there
is no proper public involvement, you get apathy and powerlessness,
on the one hand, and anger, mistrust, finger-pointing and blame,
on the other.
Many smaller
municipalities and rural areas have no process for public involvement
at all, apart from the Public Hearing (see below). The main tools
at your disposal to increase public involvement in land-use planning
are as follows :
(a) Local
Community Associations, '1000 Friends' groups, land stewardship
and watershed restoration groups (see Drawers 11, 14 &
15). The joy of having your own group is that you can set your
own agenda, and be as imaginative as you want, instead of simply
responding to someone else's agenda. A community association could
use the Report Card from Drawer 11, for instance, to critique
a local development proposal. The sky's the limit.
(b) Public
Advisory Committees. These consist of members of the public,
appointed by council or regional directors from a list of people
who put forward their names in response to public advertising.
It is the council's job to try to ensure that a balance of opinions
is represented.
The practice
whereby advisory committees in rural areas are appointed by the
local electoral representative is a bad one, which runs the danger
of being one-sided. The process whereby people are chosen to sit
on advisory committees should always be transp |