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Model Land Use Bylaw Lakeshore Development

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Model Land Use Bylaw Lakeshore Development MODEL LAND USE BYLAW LAKESHORE DEVELOPMENT PROVISIONS FOR CONSERVATION-20000 m -15000AND m MANAGEMENT-10000 m OF-5000 RIPARIAN m LANDS0 m AND5000 UPLANDS m TO MINIMIZE NUTRIENT LOADING AND POLLUTION OF PIGEON LAKE Wizard Lake 778 616 771 5885000 m 5885000 m 47-1-W5 Sundance Beach 5th MERIDIAN (-114º) Mission Beach Itaska Beach 47-2-W5 LEDUC COUNTY COUNTY OF WETASKIWIN Pigeon Lake LEGEND LEDUC COUNTY Provincial Park 47-27-W4 47-28-W4 780 PLWA-Watershed Boundary Gilwood COUNTY OF WETASKIWIN Beach Golden Days Long Lake Argentia Beach Mulhurst Bay Provincial Park 5880000 m 5880000 m 616 Municipal District and County Sunset Silver Beach Harbour Township Waterbody Pigeon Lake Pigeon Lake Provincial Park Burnt Birch Trailer Park Stream and Flow 800m Buffer Zone Poplar Bay First Nation 5875000 m 5875000 m 771 Pigeon Lake No. 138A Road Grandview Summer Village (Incorporated) 780 MaMeO Beach Village 46-2-W5 46-1-W5 Crystal Springs 46-28-W4 46-27-W4 Battle Lake N Norris Beach Viola Beach 0 >1 km 3TM Projection 13 13 5870000 m 5870000 m Westrose Figure: 1 PLANNING BUFFER (800m) (DRAFT) BENEFICIAL MANAGEMENT PRACTICES DATA SOURCES: MAY, 2013 G.O.A - BASE FEATURES / ADMIN BOUNDARIES 5865000 m 5865000 m PFRA - WATERSHED BOUNDARY SubmittedPIGEON LAKE by: WATERSHED ASSOCIATION -20000 m -15000 m -10000 m -5000 m 0 m 5000 m JUDY STEWART, LL.M. (PhD Student) June 10, 2013 Submitted to: PIGEON LAKEWATERSHED MANAGEMENT PLAN STEERING COMMITTEE MODEL LAND USE BYLAW SUBCOMMITTEE Major financial sponsors Pigeon Lake Model Land Use Bylaw 2 Lakeshore Development Provisions TABLE OF CONTENTS PAGE Disclaimer 3 Acknowledgements 3 List of Acronyms 3 PART 1 1.0 BACKGROUND 4 PART 2 2.0 PURPOSE AND PLANNING PRINCIPLES FOR MODEL LAND USE BYLAW LAKESHORE DEVELOPMENT PROVISIONS 14 PART 3 3.0 POLICY STATEMENTS BY THEME 17 PART 4 4.0 LAKESHORE DEVELOPMENT PROVISIONS 23 PART 5 5.0 RESOURCES 48 PART 6 6.0 APPENDICES 49 APPENDIX 1: Federal and Provincial Laws APPENDIX 2: Map of lands 800 metres from legal bank of Pigeon Lake (Lakeshore Development Area) Pigeon Lake Model Land Use Bylaw 3 Lakeshore Development Provisions MODEL LAND USE BYLAW LAKESHORE DEVELOPMENT PROVISIONS FOR CONSERVATION AND MANAGEMENT OFRIPARIAN LANDS AND UPLANDS TO MINIMIZE NUTRIENT LOADING AND POLLUTION OF PIGEON LAKE DISCLAIMER The following Model Land Use Bylaw Lakeshore Development Provisions are provided to the Pigeon Lake municipalities with lands adjacent to Pigeon Lake within their boundaries as suggestions only, and users are cautioned to seek professional planning and legal advice before incorporating policies and planning regulations into their Municipal Development Plans and Land Use Bylaws. Every municipal bylaw should reflect the shared community values of the citizens who reside within the municipality, and the discretion of local councils to exercise decision-making with respect to planning and development cannot be fettered. ACKNOWLEDGEMENTS The author acknowledges the Area Structure Plan and Concept Plan work done by municipal councils in the Association of Pigeon Lake Municipalities, and the background documents prepared by Jason Unger of the Environmental Law Centre, Jay White of Aquality Environmental Consulting Ltd., and Fiera Biological Consulting that provided expert professional advice and informed this document. The map of Pigeon Lake depicting the proposed 800 metres from the legal bank of Pigeon Lake was provided by Robert Gibbs. LIST OF ACRONYMS APLM Association of Pigeon Lake Municipalities MGA Municipal Government Act PLWA Pigeon Lake Watershed Association PLWMP Pigeon Lake Watershed Management Plan (being drafted) PLWMP Steering Committee Pigeon Lake Watershed Management Plan Steering Committee 2000 APLM Plan Pigeon Lake Watershed Management Plan, 2000 Pigeon Lake Model Land Use Bylaw 4 Lakeshore Development Provisions PART 1 1.0 BACKGROUND 1.01 Pigeon Lake Watershed Management Plan (PLWMP) The emergent Pigeon Lake Watershed Management Plan (PLWMP) 1 addresses “land-based source control (point source and non-point source) practices that together reduce nutrients and other pollutants from entering the lake.” 2 The PLWMP is being developed in accordance with the Framework for Water Management Planning in Alberta.3 The Pigeon Lake Watershed Management Plan Steering Committee (PLWMP Steering Committee), under the leadership of the Pigeon Lake Watershed Association, engages local government and watershed stakeholders in watershed management planning. The development process includes three levels of potential involvement of the watershed community to help ensure that the plan will reflect shared community values and desired outcomes of the stakeholders who have vested interests in managing land use to improve water quality in Pigeon Lake. The PLWMP Steering Committee decided to develop Model Land Use Bylaw provisions that might be adopted by Pigeon Lake municipalities for conserving and managing the natural ecological infrastructure that protects and sustains water quality on private lands adjacent to the lakeshore. Two emergent land use management issues must be addressed on an urgent basis: 1. Sources of human generated nutrients; and 2. Maintenance and enhancement of natural ecological infrastructure (wetlands, riparian and lakeshore systems) that mitigate impacts and absorb nutrients. The Association of Pigeon Lake Municipalities (APLM) consists of 10 summer villages and two counties. One of the purposes of the APLM is to promote water quality in Pigeon Lake through local municipal action. In 2000, the municipalities adopted seven policy statements in the “Pigeon Lake Watershed Management Plan” (APLM Plan 2000). The policy statements from that plan are copied into the majority of APLM member municipal land use bylaws demonstrating political commitment to improving water quality in the lake. Even though that plan includes a “Developer’s Guide” with respect to subdivision and development of lands in the Pigeon Lake watershed, few of the municipalities who signed the APLM Plan 2000 agreement have turned the policy statements into enforceable land use bylaw provisions. Furthermore, the APLM Plan 2000 is now outdated. Subsequent to its adoption, a blue-green algae outbreak at Pigeon Lake affected the local economy and quality of life. Also, new laws have been enacted since the plan was created (1997-2000) that affect most of the policies in the APLM Plan 2000. For example, since 1999 the Water Act and regulations; the Agricultural Operations Practices Act; the Alberta Land Use Framework and Alberta Land Stewardship Act, and changes made to the Public Lands Act and regulations have all been adopted or enacted by the province. 1 Pigeon Lake Watershed Association. 2012. Terms of Reference for Pigeon Lake Watershed Management Plan. 2 Ibid. p.2 3 Government of Alberta, 2001. Framework for Water Management Planning in Alberta. (Alberta Environment: Edmonton). Pigeon Lake Model Land Use Bylaw 5 Lakeshore Development Provisions The Model Land Use Bylaw creates a template of “Lakeshore Development Provisions” for all lands within 800 metres of the legal bank of Pigeon Lake. These provisions reflect that lands located within the Lakeshore Development Area4 in each municipality are influenced or impacted by land uses in the greater Pigeon Lake watershed. County land use activities that affect water quality must be managed on a different scale than land uses in summer villages. The two counties address large “greenfield” development through Area Structure Plans or subdivision Concept Plans. In summer villages much of the land has already been developed by cottagers. Therefore, the Lakeshore Development Provisions are useful to all members of the APLM, but are drafted with the recognition that re- development of lakeshore lands and buildings is of primary concern to summer villages. The provisions are intended to be advisory only as suggested “best management practices.” Municipalities may wish to amend their current Land Use Bylaws to incorporate some or all of the provisions. An alternative would be to repeal an existing Land Use Bylaw and replace with a new version that includes all or some of the Lakeshore Development Provisions. 1.02 Managing Land Use in the “Lakeshore Development Area” Model Land Use Bylaw Lakeshore Development Provisions to regulate and control land use on private property adjacent to the lakeshore, like those proposed, are rarely included in municipal land use bylaws. This may be because municipal councils believe that land use and development of these lands are regulated by the province. True, the bed and shore of lakes and other permanent and naturally occurring water bodies are the property of the province pursuant to section 3 of the Public Lands Act, and the province is responsible for managing land use on the lake bed and shore. On the Alberta Environment and Sustainable Resource Development (AESRD) website, the Province provides advice with respect to describing the “continuum of sensitive lands” and three distinct “management zones,” illustrated in Figure 1 below. The text in bold below effectively describes the lands that need to be conserved and managed through the “Lakeshore Development Provisions”: In Alberta, lakes, rivers, streams and wetlands cover approximately 2.5 percent of the landscape. Associated with each of these water bodies is a continuum of sensitive lands separated into three distinct management zones collectively known as the nearshore area: • Littoral zone A region of shallow submerged lands within a water body where sunlight
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