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Part 4: Floodplain, Riparian, & Lakeshore Regulations

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Part 4: Floodplain, Riparian, & Lakeshore Regulations Part 4: Floodplain, Riparian, & Lakeshore Regulations The following additional definitions apply only to Part 4.1 of this Bylaw: DESIGNATED FLOOD means a flood as determined in this Bylaw based on the probability that it may occur in any given year of such magnitude as to equal a flood having a 200-year recurrence interval; OR based on a frequency analysis of historic flood records; OR by regional analysis where no adequate stream flow data is available. DESIGNATED FLOOD LEVEL means the observed or calculated elevation for the designated flood, which is used in the calculation of the flood construction level. FLOOD CONSTRUCTION LEVEL means the designated flood level plus 0.6 metres freeboard; OR where a designated flood level cannot be determined, a specified height above a natural boundary, used to establish the elevation of the underside of a floor system of any area used for habitation, business or storage of goods damageable by floodwaters or in the case of a manufactured home, the ground level or top of the concrete or asphalt pad upon which a manufactured home rests. FLOODPLAIN SETBACK means the required minimum horizontal distance from the natural boundary of a watercourse, lake, or other body of water to any fill or structural support required to elevate a floor system supporting habitable space or pad above the flood construction level, so as to maintain a floodway and allow for potential land erosion. STANDARD DYKE means a dyke built to minimum crest elevation equal to the Flood Construction Level and meeting standards of design and construction approved by the Ministry of Environment and maintained by an ongoing authority such as a local government body. 4.1 Floodplain Regulations 4.1.1 Pursuant to s. 524 of the Local Government Act, land lower in elevation than the flood construction level specified in s.4.1.4 and land within the floodplain setback specified in s.4.1.9 is designated as Floodplain. 4.1.2 The underside of any floor system used for dwelling purposes, business, or the storage of goods susceptible to damage by floodwater or top of pad of a manufactured home must be above the applicable flood construction level specified herein. 4.1.3 By the enactment, administration or enforcement of s.4.1, the TNRD does not represent that any building, including a manufactured home, located, constructed, sited or used in accordance with the provisions of this Bylaw, or in accordance with any advice, information, direction or guidance provided by the TNRD in the administration of this Bylaw, will not be damaged by flooding or erosion. Thompson-Nicola Regional District Zoning Bylaw No. 2400 Consolidated for Convenience Only to November 19, 2020 Page 30 of 118 4.1.4 Flood Construction Level The following elevations are specified as flood construction levels, except that where more than one flood construction level is applicable, the higher elevation is deemed the flood construction level: a) in the case of named lakes (Geodetic Survey of Canada cited G.S.C.): Adams Lake 3 metres above the natural boundary of the lake Bonaparte Lake 3 metres above the natural boundary of the lake Kamloops Lake 346.2 metres G.S.C. datum for land adjacent to the lake Little Shuswap Lake 350.2 metres G.S.C. datum for land adjacent to the lake Nicola Lake 627.9 metres G.S.C. datum for land adjacent to the lake Stump Lake 746.5 metres G.S.C. datum for land adjacent to the lake b) 8 metres above the natural boundary of the Fraser River; c) 1.5 metres above the natural boundary of any other lake, swamp or pond and of any other watercourse not stipulated herein; d) as indicated on Province of British Columbia, Ministry of Environment, Floodplain Mapping in effect at the time or where mapping is not established: Thompson River 6 metres above the natural boundary Clearwater River 3.5 metres above the natural boundary Coldwater River Deadman River (downstream of Criss Creek) Nicola River North Thompson River 3 metres above the natural boundary Danish Creek Siwash Creek Spius Creek Tranquille River Barriere River 2.5 metres above the natural boundary Bonaparte River (downstream of Loon Creek) Blue River Bonaparte River (upstream of Loon Creek) Deadman River (upstream of Criss Creek) East Barriere River Salmon River Big Bar Creek 2 metres above the natural boundary Criss Creek Hat Creek Heffley Creek Guichon Creek (downstream of Mamit Lake) Lemieux Creek Thompson-Nicola Regional District Zoning Bylaw No. 2400 Consolidated for Convenience Only to November 19, 2020 Page 31 of 118 4.1.5 Flood Construction Level Exemptions The following shall be exempt from the flood construction levels specified herein: a) renovation of a dwelling that does not involve additional gross floor area; b) in the case of a dwelling existing prior to March 29, 1985, a onetime addition that increases the floor area by not more than 25% of the total gross floor area; c) the portion of a building used exclusively as a carport, garage or entrance foyer; d) industrial development which is flood-proofed to the flood construction level; e) heavy industry development protected by standard dykes, including but not limited to processing, manufacturing of wood and paper products, metal, heavy electrical, non metallic mineral products, petroleum and coal products, industrial chemicals and by-products and allied products; f) loading facilities associated with water-oriented industry and portable sawmills; and g) farm buildings other than dwelling units and enclosed livestock housing; provided that the main electrical switchgear for any of the preceding is permanently installed above the flood construction level. 4.1.6 The required elevation may be achieved by structural elevation of a habitable, business or storage area or by adequately compacted landfill on which any building is to be constructed, or manufactured home located, or by a combination of both structural elevation and landfill. 4.1.7 Where landfill is used to achieve the required elevation set out in s.4.1.4, the face of the landfill slope shall be adequately protected against erosion from flooding and no portion of the landfill slope shall extend within the applicable floodplain setback specified herein. 4.1.8 No area below the flood construction level shall be used for the installation of furnaces or other fixed equipment susceptible to damage by floodwater. 4.1.9 Floodplain Setback Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved or extended, nor shall any manufactured home be located, within the specified floodplain setbacks as specified below: Kamloops Lake Nicola Lake Stump Lake 15 metres from the natural boundary Little Shuswap Lake Any other lake, swamp or pond 7.5 metres from the natural boundary Fraser River 60 metres from the natural boundary or Thompson River within 45 metres of the top of the bank Spius Creek Nicola River Coldwater River 45 metres from the natural boundary Salmon River Bonaparte River (downstream of Loon Creek) Thompson-Nicola Regional District Zoning Bylaw No. 2400 Consolidated for Convenience Only to November 19, 2020 Page 32 of 118 Barriere River Blue River Bonaparte River (upstream of Loon Creek) Clearwater River East Barriere River Raft River North & South Thompson Rivers 30 metres from the natural boundary Tranquille River Criss Creek Guichon Creek Lemieux Creek Paul Creek Peterson Creek Sinmax Creek McGillivary Creek (downstream of Sun Peaks Resort) Any other watercourse 15 metres from the natural boundary 4.1.10 If more than one floodplain setback is applicable under this Bylaw, the greater distance shall comprise the floodplain setback. 4.1.11 Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved or extended nor shall any manufactured home be located where any watercourse has steep banks and where erosion and/or landslip may occur due to the action of floodwaters, nor within 7.5 metres of the inboard toe of a standard dyke. 4.1.12 Exemptions Under the Local Government Act or a program developed pursuant to the applicable regulations, the TNRD may exempt: a) classes of development; b) specified permitted uses, or c) a building or structure on a given parcel from flood construction levels and floodplain setbacks requirements, if the TNRD has received a certified report from a Professional Engineer or Geoscientist establishing that the land may be safely used for the use intended or if it considers the exemption consistent with the Province of British Columbia “Flood Hazard Area Land Use Management Guidelines, 2004”. 4.1.13 An exemption pursuant to s. 4.1.12 may be subject to terms and conditions the TNRD considers necessary or advisable, including registration of a restrictive covenant against the parcel title under s. 219 of the Land Title Act incorporating any conditions or reports of the Professional Engineer or Geoscientist. 4.2 Lakeshore Development Purpose In 2004, the TNRD established the “Lakeshore Development Guidelines" as Board policy and to guide discretionary decisions of the Approving Officer when considering Thompson-Nicola Regional District Zoning Bylaw No. 2400 Consolidated for Convenience Only to November 19, 2020 Page 33 of 118 applications within one kilometer of the natural boundary of a lake (see illustration under Figure 4.1). While the “Lakeshore Development Guidelines" deal with matters beyond the scope of the zoning regulations set out in this Bylaw, they apply to critical environmental and development matters. 4.2.1 Amendments to this Bylaw for lands within one kilometer of a lake will be considered in due regard to the TNRD “Lakeshore Development Guidelines” and the provisions of any other applicable bylaw and legislation.
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