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491 (1) For land within a development permit area designated under section 488(1)(a), a development permit may do one or more of the following:

  • (a) specify areas of land that must remain free of development, except in accordance with any conditions contained in the permit;
  • (b) require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit;
  • (c) require natural water courses to be dedicated;
  • (d) require works to be constructed to preserve, protect, restore or enhance natural water courses or other specified natural features of the environment;
  • (e) require protection measures, including that vegetation or trees be planted or retained in order to
    • (i) preserve, protect, restore or enhance fish habitat or riparian areas,
    • (ii) control drainage, or
    • (iii) control erosion or protect banks.
  • (2) For land within a development permit area designated under section 488(1)(b), a development permit may do one or more of the following:
  • (a) specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under section 488(1)(b), as areas that must remain free of development, except in accordance with any conditions contained in the permit;
  • (b) require, in an area that the permit designates as containing unstable soil or water which is subject to degradation, that no septic tank, drainage and deposit fields or irrigation or water systems be constructed;
  • (c) in relation to wildfire hazard, include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures;
  • (d) in relation to wildfire hazard, establish restrictions on the type and placement of trees and other vegetation in proximity to the development.
  • (3) Conditions and requirements under subsection (2) may vary the use or density of land, but only as they relate to health, safety or protection of property from damage.
  • (4) Before issuing a development permit for land within a development permit area designated under section 488(1)(b), a local government may require the applicant to provide a report to assist the local government in determining what conditions or requirements it will impose under subsection (2) of this section.
  • (5) A report required under subsection (4) must
  • (a) be provided by the applicant at the applicant's expense, and
  • (b) be certified by a professional engineer with experience relevant to the applicable matter.
  • (6) For land within a development permit area designated under section 488 (1)(c), a development permit may include requirements for screening, landscaping, fencing and siting of buildings or other structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land.
  • (7) For land within a development permit area designated under any of the following, a development permit may include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures:
  • (a) section 488(1)(d);
  • (b) section 488(1)(e);
  • (c) section 488(1)(f);
  • (d) section 488(1)(g).
  • (8) For land within a development permit area designated under section 488(1)(f), a development permit may include requirements respecting the character of the development, as referred to in subsection (7) of this section, but only in relation to the general character of the development and not to particulars of the landscaping or of the exterior design and finish of buildings and other structures.
  • (9) For land within a development permit area designated under section 488(1)(h), (i) or (j), a development permit may include requirements respecting the following in order to provide for energy and water conservation and the reduction of greenhouse gas emissions:
  • (a) landscaping;
  • (b) siting of buildings and other structures;
  • (c) form and exterior design of buildings and other structures;
  • (d) specific features in the development;
  • (e) machinery, equipment and systems external to buildings and other structures.
  • (10) For land within a development permit area designated under section 488(1)(h), (i) or (j), a development permit may establish restrictions on the type and placement of trees and other vegetation in proximity to the buildings and other structures in order to provide for energy and water conservation and the reduction of greenhouse gas emissions.

1985-79-8; 1987-14-36; 1993-59-37; 1994-43-73, effective October 14, 1994 (B.C. Reg. 374/94); 1995-23-22, effective April 1, 1996 (B.C. Reg. 70/96); 1997-24-12, effective October 20, 1997 (B.C. Reg. 354/97); 1998-34-198, effective September 23, 1998 (B.C. Reg. 311/98); 1999-38-58, effective December 3, 1999 (B.C. Reg. 406/99); 2000-7-163, effective January 1, 2001 (B.C. Reg. 399/2000); 2003-52-390, effective January 1, 2004 (B.C. Reg. 465/2003); 2007-6-26; 2008-23-24; RSBC 2015-1-491, effective January 1, 2016 (B.C. Reg. 257/2015).