Saanich homeowners and scientists should have their say about a controversial bylaw that intends to protect sensitive ecosystems, the municipality’s environment committee says.
The Environmental Development Permit Area bylaw, which affects about 2,000 private properties, requires homeowners to obtain permits for everything from paving to planting new gardens, if the municipality believes it will affect a sensitive ecosystem.
Coun. Vicki Sanders, who chaired the environmental committee that approved the bylaw, said the spirit of the bylaw is to protect ecosystems with high biodiversity or the potential for recovery.
But affected homeowners say the bylaw goes too far, protecting lawns instead of areas of ecological significance, and lowering property values. They also said the municipality didn’t adequately notify them about the bylaw when it came into effect in 2012.
District staff are now looking to clarify interpretations of the bylaw. Proposed amendments were reviewed by the municipality’s environment committee on Tuesday. Councillors recommended that staff conduct public consultation — such as an open house — before recommending any changes to council.
About a dozen spectators squeezed into a small room for the meeting.
“We certainly don’t get that kind of attendance usually, so I think the committee was a little taken aback by the number of people who were interested in it,” said Coun. Dean Murdock, the committee’s chairman.
Adriane Pollard, manager of environmental services, told attendees the changes are intended to clarify the bylaw, which has been misinterpreted.
For example, she said, some homeowners have taken advantage of a clause that allows for minor encroachments that don’t harm the natural environment, by using the exemption every year. One proposed change would close that loophole.
But critics say some of the changes, especially those relating to mapping disputes, would broaden the definition of what’s protected to an unreasonable degree.
In one possible change, staff could ignore provincial standards for what constitutes a “sensitive ecosystem.”
Instead of protecting land with potential for restoration, the municipality should be concerned with identifying and protecting the ecological gems it has now, said Ted Lea, a registered biologist with 40 years of experience mapping sensitive ecosystems.
Saanich made a mistake by using aerial photos to identify sensitive ecosystems without verifying their accuracy on the ground, he said.
But he said an open house would provide residents and scientists an opportunity to weigh in. “I think it’s a big step forward.”
