Goal #3: Planning Tools for Watershed Management (13 pgs) Timeline: 2016 - 2018 (pilot) OUTCOME: Land Use Planning Tools supporting municipal watershed management are widely practiced and developed Reference to RDRWA IWMP Recommendations (box in column - recommendation > actions) - supports #4, #6, #11 Key Messages: Alberta Land Use Framework Complexity, Land Use Planning Tools (Connecting Source to Sink), Market-Based Instruments

Land use planning, while complex and multi-faceted, is Alberta Land Use Framework Complexity critical to consider with respect to Source Water Protection In 2007, a Regulatory Framework for Managing (SWP). When SWP is a goal of municipalities they quickly Environmental Cumulative Effects was proposed as part of understand how land use impacts . A little the movement towards a new system for considering the known fact is that the Red Deer River Watershed (RDRW) environmental implications of development. The new is 80% fed by precipitation. Knowing this, we can appreciate Framework is intended to contribute to and be integrated that land use is the largest contributing factor to water with the measures of the Land Use Framework and the quality; specifically, the impacts of activities causing Non- Water for Life Strategy. Point Source (NPS) and Point Source (PS) Pollution. Conventional land use planning treats precipitation as a The need for the Framework is tied to economic growth and liability instead of an asset (see Goal 4). From the approach the resulting risks to the environment and to the economy. of water quality management (i.e., SWP), the goal of land Given the large number of existing and proposed projects, use planning should be to guide effective land use decisions the government is struggling to keep up with regulatory that align with watershed functions while benefitting reviews and approval processes, and to prevent economic activity for all residents of the watershed. unacceptable environmental consequences of these Innovative economic tools can help municipalities projects. The Framework establishes an integrated, results- incorporate the impact of land use decisions on water based system driven by clear, place-specific objectives for quality into benefit-cost analysis so that true benefits and environmental quality. The way this is supposed to work is costs can be evaluated based on how they complement that under the Framework, regional assessments and natural watershed functions. The establishment of the projections are accompanied by a project approval system Alberta Land Use Framework and eventual Red Deer based on the relation of particular projects to shared Regional Plan as a guiding document means that improved regional objectives. The Framework is accompanied by land use tools for integrated watershed management are legislation enabling the creation of regional or province- needed to support municipal governance in land use wide Environmental Objectives accompanied decisions. These tools must take into account the impacts by Strategies identifying actions and tools and monitoring of watershed management decisions from “source to sink” and assessment plans. Strategies may include regulatory and provide on the ground support for implementation of the requirements, economic instruments, education and Water For Life Strategy. awareness and voluntary agreements. The Proposed

Regulatory Framework has been developed by the Ministry generations. (Alberta’s Integrated Management of Environment and a “systems coordinator” organization is System: Where Are We Now? University of Calgary Faculty to be responsible for its implementation and coordination; of Law, www.ABlawg.ca) processes and roles have yet to be determined. Objectives and Strategies may be drafted by multi-stakeholder Land Use and Watershed Management agencies or by government-appointed advisory Acknowledging that integrated resource management in committees. They will guide the decisions of policy makers land-use planning is complex leads us to realize that land at all levels and will provide industry with clearer use planning and watershed management are intimately expectations and greater flexibility in achieving connected. Protecting water quality then requires that expectations. Leading up to and since the change of multiple stakeholders communicate and complement each provincial government in 2015, this Framework approach to others’ activities. Fortunately, the RDRWA has completed manage cumulative effects has had limited implementation the first phase of its Integrated Watershed Management as originally envisioned but its intent continues to influence Plan (IWMP) and makes key recommendations to all Regional Planning decisions via the Alberta Land watershed stakeholders - including specific ones for Stewardship Act, the legislation that gives life to the Land municipalities - with a focus on maintaining or improving Use Framework. water quality in the Red Deer River basin. Phase two focuses on watershed health from a land use perspective. Water issues such as contamination, insufficient flows and The IWMP is expected to be completed well before the Red reduced health are almost always linked to land Deer Regional Plan (RDRP). That gives municipalities the use practices in both rural and urban environments. With opportunity to be well versed in water quality protection the establishment of the Alberta Land Use Framework under an IRMS framework. Together, this water quality (2008) the management of cumulative effects is being protection action plan and the Integrated Watershed directed towards a system of integrated resource Management Plan provide municipalities the guidance they management (IRMS). This means that a holistic approach need at the local level to be prepared for the development to natural resource management that achieves of the RDRP. environmental, economic, and social outcomes will greatly influence land use decisions for municipalities. Traditionally, the adverse impacts of development on the environment were considered only on a project-by-project basis. By contrast, the IRMS incorporates the management of all including energy, minerals, , agriculture, land, air, water, and biodiversity. This new system aims to examine cumulative impacts of development on the environment and communities as a whole, and to proactively plan for the needs of the current and future

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Land Use Framework 101 land use and development, they generally address the It is important to appreciate that the provincial government protection and conservation of land and water resources. has numerous policies and strategies that affect land use; The development of regional plans is typically led by many developed independently and at different times to government actors with public consultation requirements. address changing circumstances. As a result, existing Their form, purpose, contents, development processes and policies and strategies are not as well integrated as they timeframes are subject to much variation, and they can could be and often do not provide an understanding of generally be divided into two categories: general regional priorities. (Alberta Land Use Framework) The Government development plans, which can be developed in any region of Alberta believes that establishing a formal regional of the province; and targeted regional plans, which address planning system is the most effective way to implement specific land use issues in a select region of the province. In provincial policy that helps municipalities make land use Alberta, a system of all-encompassing regional planning decisions. Further, that a regional approach will establish has been developed under the Alberta Land Stewardship land-use management objectives and determine land-use Act (2009) and according to the Land Use Framework. trade-offs that are best aligned for water (and air) quality Regional plans are to be created for seven government- protection. In Alberta, a provincial Land Use Framework designated land use regions based on watersheds and was finalized in 2008 after a two year development and municipal boundaries. public consultation process. With the overall goal of better balancing economic growth with social and environmental They are to guide all aspects of land use, development, values, the Framework is structured around three desired impact control and conservation, and are to include: a outcomes, which can be summarized as: a healthy vision, objectives, policy statements, thresholds, indicators, economy, healthy and environment, and monitoring requirements, and actions, as well as the people-friendly communities. These broad outcomes are delegation of authority for these activities. Regional plans accompanied by ten “guiding principles”, which include are legislative in nature and can be implemented using sustainability, responsiveness, and respect for private various regulatory tools; they can create new legislation, property rights. Finally, the Framework presents seven prevail over existing legislation, manage land and basic strategies to improve land-use decision making in resources, and manage “whatever is necessary to achieve Alberta. Integrated regional planning, cumulative effects or maintain an objective or policy”, including amending or management, and improved conservation and stewardship annulling existing regulatory permits. Section 17(1) of the programs are among the key strategies developed in the Alberta Land Stewardship Act clearly defines the hierarchy Framework. The Alberta Land Stewardship Act, which was of authority of different types of plans and pieces of passed through Bill 36 in 2009, provides a legislative basis legislation. New and uncommon tools include Conservation for many of the strategies presented in the Framework. Directives and Transfer of Development Credit schemes Regional plans guide land use and development at the sub- which can be established in regional plans. Regional plans provincial and supra-municipal level. While they may focus will be binding on all government and non-government on specific policy issues or discuss all aspects of regional actors. Plans will be developed under the leadership of a

3 provincial-level government Land Use Secretariat with the participation of regional government representatives. Non- governmental Regional Advisory Councils will play an advisory role, and plan development [involves] public and stakeholder consultation. Work has begun on regional plans for the Lower Athabasca and South Saskatchewan Regions.

Challenges of the Red Deer Regional Plan

The Government of Alberta has stated that Red Deer is at the end of the list of provincial priority for completion of a regional plan - (Morris Seiferling, 2008). This puts pressure on municipalities to manage economic development because water allocations in the Red Deer River basin are still available, unlike the Oldman, Bow, and Milk River watersheds to the south. This is problematic understanding the connection between water quality and water quantity (see Water Quality Backgrounder) because 50% of the mean combined annual flow of the South Saskatchewan Watershed (i.e., The Red Deer River and South Saskatchewan River) must flow into Saskatchewan under interprovincial water agreement. Economic development pressure from the “closed” SSW means that more of the unallocated water of the Red Deer River will be counted on to make up the mean combined annual flow into Saskatchewan, making it essentially unavailable for economic development in the Red Deer River watershed. In the absence of a regional plan to govern economic development in the RDRW, municipalities will find it increasingly difficult to protect water quality while facing continued growth pressures both locally and regionally.

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Additional considerations for municipalities in managing discussion document outlines “opportunities” to integrate water quality exist in that the boundaries used for regional with regional planning endeavours. This is laudable in plans (i.e., municipal boundaries) do not exactly overlap theory; however, the legal reality of integration is confronted with those that mark the watershed. The North with the fact that water quantity laws under the Water Act Saskatchewan Regional Plan impacts the “head” of the have legislative supremacy over the contents of a regional RDRW; the Red Deer Regional Plan impacts the “heart” of plan. This in effect makes integration of water quantity and the RDRW; and the South Saskatchewan Regional Plan land use decisions in over-allocated basins (like the SSRB) impacts the “head” and “feet” of the RDRW (see map). minimal at best. The ELC recommends identifying how Essentially, RDRW municipalities need to understand three legislation might be changed to address the disconnect Regional Plans when deliberating land use / watershed between regional planning and water allocation and use management decisions. decisions under the Water Act.”

It is therefore extremely important that municipalities in the The ELC offers additional valuable information in their, RDRW be prepared for the development of the Red Deer “Municipal Powers: Land Use Planning and the Regional Plan as water quality is highly dependent on land Environment”. For example, municipal councils can pass use decisions in the Red Deer River basin. By supporting bylaws to create stronger development requirements to the implementation of the RDRWA’s Integrated Watershed minimize the impact of rural acerage developments or Management Plan and achieving the goals laid out in this sprawling low density urban neighbourhoods. Some items action plan, water quality protection is greatly improved. include requiring stormwater collection systems to maximize retention of water on the land that maximizes groundwater What Can Municipalities Do in the Lead Up to Regional recharge (see Goal 4), and setbacks on sensitive natural Planning areas like creeks and . In spite of the challenges mentioned, municipalities have many actions they can take to protect water quality with And the North Saskatchewan Watershed Alliance has existing land use tools that support integrated watershed developed a very thorough Municipal Guide for Watershed management. However, municipalities need to work within Management that is slated for update since it was created in the existing legal structures and with proven tools in order to 2006. More resources and opportunities are discussed in accomplish this. For example, The Goal 5 of this plan (Streamlining Municipal Culture for Centre (ELC) states, “The Alberta Water Conversations Watershed Management).

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The Land Stewardship Centre offers the following in their Riparian Health refers to the ability of the riparian areas to Green Communities Guide, “To ensure the protection of perform key functions like stream bank stabilization, water water quality, municipalities must look at alternate ways of quality maintenance and provision of habitat and evaluating the overall viability of development - one biodiversity. Although riparian areas change naturally over appropriate method is to judge planning and design time, riparian health is degraded when the changes occur decisions on the basis of whether they are ecologically- too quickly for natural resilience to accommodate. These functional. Ecologically-functional development is that which changes can include fluctuations in the water level, removal protects the ecological processes and functions of the of vegetation, and bank erosion. Many things can adversely landscape, restores them in areas where they have been affect riparian health including development, agriculture, previously lost, or creates them to compensate for the loss recreation, and industrial activities. of ecological functions in other areas. For example, natural water purification processes via wetlands and soil infiltration Current statistics on riparian health are most pronounced protect water quality of surface and groundwater reserves for loss. In Alberta’s settled “white” area (see and put less stress (i.e., costs) on water treatment facilities. diagram) approximately 63% of wetlands have been lost to However, several barriers exist to successful application of agriculture and development. In urban areas, up to 90% this method including, overly restrictive development losses have been measured. These are significant guidelines and standards, lack of understanding about long- numbers and the province is responding with support for term return on investment, lack of resources within municipalities to prevent further loss and restore natural municipal departments, lack of information and awareness, riparian functions. poor understanding of requirements for maintenance and upkeep of non-conventional infrastructure, developers are not proposing green development, lack of case studies to demonstrate successful tools that can be used, and perceptions about safety and attractiveness. (Green Communities Guide).

Riparian Health Arguably, as the Land Stewardship Centre demonstrates, the very best thing municipalities can do is to ensure that nature can perform - as unobstructed as possible - its very basic functions in the riparian areas of the watershed.

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Stepping Back from the Water In practice Source Water Protection and Land Use Planning for Integrated Watershed Management have many, many details. To help address this, the Government of Alberta released “Stepping Back from the Water: a Beneficial Management Practices Guide for New Development Near Water Bodies in Alberta’s Settled Region”.

Its intent is to help developments in Alberta’s settled region (white area) to deal with setbacks adjacent to water bodies (riparian areas). Additional setback distances exist for industrial activities but they are outside the scope of this guide and are handled by industry Codes of Practice. The guide explains, “The importance of working together, and using a broad suite of tools and approaches to manage human impact on our natural environment, cannot be overemphasized” and covers the basics of riparian areas plus a listing of legislation and policies affecting development in or near riparian areas and examples of actions from other jurisdictions.

The Guide’s Appendix, “summarizes Alberta legislation and polices that affect other types of land uses adjacent to water bodies in the Green Area, including agriculture, timber operations, and oil and gas. These are included to explain how different areas of legislation work together to protect water bodies and adjacent riparian areas from the impacts of human activities.” Of the available documents researched for this action plan, Stepping Back From the Water is one of the best for municipalities to use in protecting water quality. A companion document for the Green Areas is under development.

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Market-Based Instruments In addition to the benefits of ecosystem services from identifying the policies, regulations, or reforms needed to healthy, functioning riparian areas and the obvious moral make them regular practices for environmental protection in obligation of environmental protection, we have access to Alberta, like water quality. land use tools that respect the need for a vibrant and healthy economy. A healthy environment and economy are The ELC goes on to say, “Despite the policy direction essentially related but we’re only scratching the surface of provided by the Alberta Land Use Framework and the potential with how we currently manage our watershed legislative mandate provided by ALSA, there are significant resources. The health of the environment and the health of gaps in Alberta’s law and policy which impede the use of the economy tend to be at odds more often than they are in MBIs as conservation and stewardship tools. In particular: concert when it comes to land use decision making. Enter • Guidance for the use of MBIs under ALSA was left to Market Based Instruments (MBIs). future policies and regulations (which are not yet developed) The Alberta Land Stewardship Act (ALSA), which enables • There is a lack of programs and administrative the Land Use Framework, supports the use of Market- agencies to support and assist with the based Instruments (MBIs) for conservation and stewardship implementation of MBI programs purposes. According to the Environmental Law Centre • The other key function of ALSA - regional planning - (ELC), “MBIs use the market and economic variables to creates a level of uncertainty around the use of provide incentives for the reduction or elimination of MBIs. While MBIs can be used to implement negative environmental impacts. The use of MBIs for regional plans, their use is not mandatory. On the environmental protection and management is increasing other hand, MBIs can be used without regional worldwide. While best known for targeting air emissions plans being in place but there is little practical (particularly greenhouse gases), MBIs are and can be used support in this regard. to incentivize conservation and stewardship of land, water and biodiversity.” Consequently, the use of MBIs as conservation and stewardship tools under ALSA has not progressed. While MBIs, though proven effective in other parts of the world there are several MBI initiatives (including pilot projects) have limited practical application in Alberta, in part, underway in Alberta, some are being driven by other because they require collaboration between stakeholders. policies such as the Wetlands Policy and implemented To help municipalities and other stakeholders shorten the through legislation that was not designed to enable MBIs in learning curve and cost of implementation the ELC is the manner of ALSA.”

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INTRO Entry-level experiences for those who are new to water quality and watershed management. It provides the chance to become familiar with basic concepts, terms, and issues related to the goal of Implementing Land Use Tools for Watershed Management.

Key Actions: ● Development of Water Literacy (see Goal 1) ● Reframe Land Use Decisions to align with Source Water Protection ● Ensure familiarity with: ● IWMP Phase 1 - Water Quality ● IWMP Phase 2 - Land Use and Watershed Asset Management ● Municipal Powers: Land Use Planning and the Environment - Understanding the Public’s Role ● Stepping Back From the Water (Alberta Environment) ○ Development tools to conserve and protect the valuable natural assets, such as air, land, water, wildlife, associated with urban and acreage properties ● Green Communities Guide (Land Stewardship Centre) ○ Tools to Help Restore Ecological Processes in Built Environments (Developments) ● Green Acreages Guide (Land Stewardship Centre) ○ Tools to develop and implement stewardship practices that conserve and protect the valuable natural assets, such as air, land, water, wildlife, associated with acreage properties

Key Orgs: AEP, AUMA, AAMDC, UDI, LSC, ELC

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DIP Actions for those familiar with the theory and practice of water quality and watershed management and are prepared to engage in meaningful, capacity-building activity related to the goal of Implementing Land Use Tools for Watershed Management.

Key Actions: ● Ensure familiarity with: ○ Guide to Watershed Management Planning in Alberta (AEP) ○ Alberta Land Use Framework Regional Planning / Integrated Resource Management (CEM > IRMS) ○ IWMP Background Technical Report 2 - Wetlands, Riparian Areas, and Land Use ○ How to Develop Lake Watershed Management Plans (ALMS) ● Creation of a Municipal Environmental Management System Framework ○ Support of Lake Management Plans (specific to municipal geography) ● Engage developers and stakeholders in watershed management BMPs (e.g., use of Stepping Back from the Water) ○ Require watershed management planning in development approvals ○ Establish “ecologically-functional” criteria

Case Studies: Alternative Land Use Services Program (ALUS), Mountain View County / Red Deer County

Key Orgs: AEP, AUMA, AAMDC, UDI, LSC, ELC

Funding Sources: Alberta Community Resiliency Program, Federal (FCM, etc.), Green Bonds (e.g., offset infrastructure costs) ALUS (up to $5,000 for projects like off-site watering, riparian fencing, etc. AND get up to $40/acre on the acres that are affected by projects), Green Acreages Program (up to $2,000 is available for projects benefitting the environment like riparian tree planting, wildlife/pollinator habitat enhancement and much more) Planning Your Riparian Planting Project in Alberta http://www.growingforward.alberta.ca/cs/idcplg?IdcService=GET_FILE&dDocName=AGUCMINT- 516099&RevisionSelectionMethod=LatestReleased

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DIVE Actions for those that are confident and versed on the topic of water quality and watershed management and are taking initiative to develop and implement the essential aspects and best practices related to the goal of Implementing Land Use Tools for Watershed Management.

Key Actions: ● Alignment of Municipal Land Use planning for Source Water Protection and Drinking Water Safety (see Goal 2) ● Management of Municipal Environmental Management System Framework (Integrated Resource Management) ○ Development and Implementation of Market Based Instruments ● Coordinate Wetland and Riparian Restoration projects (incl. Lake Management) ● Embed watershed management BMPs / policy into statutory plans and land use bylaws ● Active involvement in a RDR basin Water Quality Monitoring Program to monitor surface water, groundwater, headwaters and tributaries of the Red Deer River basin

Case Studies: Clearwater County (Clearwater Landcare), Alberta’s Living Laboratory Project (reverse auction)

Key Orgs: AEP, AUMA, AAMDC, UDI, LSC, ELC

Funding Sources: AB Community Resiliency Program, Federal (FCM, etc.), Green Bonds (e.g., offset infrastructure costs)

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