From the desk of Regional Director Robyn Mawhinney
Hello! Here’s a short interruption in your gardening, beach walking, and sun-drenched busyness: a summer SRD update.
Tyee Plaza Parking
In November 2023 several islanders asked me for information after they received warnings for parking overnight in Tyee Plaza, and the Board supported my request for a staff report on the issue of the Tyee Plaza parking covenant. The report was released in late June.
The report determined that in 1960 a 6.53-acre portion of the Tyee Plaza was reserved as a “free public parking lot” when transferred from the Crown to private interests. It also identified that vehicle parking allowances at Tyee Plaza have a long history and some of the documentation is not readily available.
The parking restrictions/allowances that were included at the time the Tyee Plaza property was originally transferred by Crown grant are believed to still apply to the property. A subsequent title search suggests that there is not a separate covenant in place to deal with parking allowances at this location. Staff advised that further research would be required to verify their conclusion; the Board did not move to continue the investigation at this time.
In summary, it appears overnight parking is permitted. Hopefully this provides clarity to the folks who utilize overnight parking in Tyee Plaza for access to their employment; please let me know if there are further overnight parking warnings. Read the report and view the original certificate of land purchase here: bit.ly/PlazaParking
Aquaculture regulation by local government
In response to constituent correspondence regarding an Evans Bay aquaculture tenure, staff produced a report which responds to the questions asked. These questions include who has jurisdiction over aquaculture sites; who has the authority and responsibility to enforce compliance; and what are the public notification and consultation requirements for aquaculture licensing.
The report also provides clarification on the current status of the aquaculture license held by Island Sea Farms to operate a mussel farm in Evans Bay near Read Island. In May 2022, a renewal for this tenure was referred to the SRD for comment. The SRD responded that support for this renewal was contingent upon a successful application to rezone the tenure area to Aquaculture Two (AQ-2) to bring the existing shellfish farm into compliance with the Desolation Sound Rural Land Use Bylaw. Although an application to rezone this site has not been received by the SRD, staff report the Province renewed this license on June 10, 2023 for ten years. It remains to be determined if the license has conditions.
The SRD is responsible for enforcement of local zoning. However, a recently obtained legal opinion states, “The SRD does not have the jurisdiction to zone aquaculture cultivation below the surface of the water”. This opinion is based on case law stating that aquaculture regulation in BC falls within federal jurisdiction, except for marine/aquatic plants, which are regulated by the Province as part of their authority over agriculture.
In the case of the Island Sea Farms license in question, considering the language within the zoning bylaw, the proposed use would be non-compliant and a rezoning would be required. However, the recent legal opinion shows the limits of local government authority to zone below the surface of the water. Therefore, it’s unlikely the SRD has the authority to regulate the type of aquaculture or activities that occur below the ocean surface. It is suggested that the SRD’s zoning bylaw is more restrictive than it has the authority to be. Read the whole report here: bit.ly/AquacultureAuthority
Short Term Rentals: Bylaw update heads to Public Hearing
The Provincial Short-Term Rental Accommodations Act has mandated that zoning bylaws define & regulate short-term rentals (STRs), and the Quadra Island Zoning Bylaw requires updating to include an STR definition and to specify where they are permitted. The draft bylaw permits STRs in all zones as an accessory to residential use. There’s a Public Hearing scheduled for Wednesday September 11, 6:30pm at the Quadra Community Centre.
BC Ferry Authority Appointment
I’d like to offer congratulations to Quadra Island resident (and former Minister of Transportation and Infrastructure) Claire Trevena on her recent appointment to the BC Ferry Authority Board of Directors. In June the SRD Board received a letter from the Authority, explaining that they carefully considered four submitted nominees and selected Claire Trevena. She will serve as a director for a three-year term, effective April 1, 2024. Claire Trevena was nominated by the qathet Regional District.
Connect
Thank you for reading! You can also find this report with links to the referenced SRD reports at robynmawhinney.ca/directors-reports (and in your inbox if you’re a subscriber). You’re welcome to connect and share your concerns or questions with me, you can email rmawhinney@srd.ca or call 250.203.2468.
Until next time,
Respectfully and sincerely,
Robyn Mawhinney
The photos in this Report are from a recent exploration of Plumper Bay: shoreline view, plump cedar cones, yew tree twigs, and abandoned fishing gear.
Did you know you can report abandoned fishing gear to the Department of Fisheries and Oceans? If you discover abandoned fishing gear, here is the email address to report it (they will want GPS coordinates): DFO.LostandRetrievedGear-EnginsPerdusRecupere.MPO@dfo-mpo.gc.ca (I’ve reported the gear in the photo above). – Robyn Mawhinney