Natural Environment Development Permit

If the proposed development meets a criteria listed under the Exemptions of the Natural Environment Development Permit Guidelines or is able to demonstrate that the proposed development will not impact environmental values on the property, it may be exempt from having to get a Natural Environment Development Permit. In some cases, this may require support from a Qualified Professional. The City must provide confirmation that the proposed development is exempt prior to the development occurring.

If development within a Natural Environment Development Permit (NEDP) area cannot be avoided, the City may require that the property owner retain a Qualified Environmental Professional to undertake an Environmental Assessment in accordance with the City’s Environmental Assessment Report Terms of Reference.

In accordance with NE2 of the NEDP Guidelines, the Environmental Assessment Report must include a detailed assessment of aquatic, riparian, and terrestrial features onsite and should summarize:

1. the proposed development and construction footprint;
2. the results of the aquatic, riparian, and terrestrial assessment;
3. the Streamside Protection and Enhancement Area (SPEA) as per NE1, any proposed modified SPEA, and setback required by the Riparian Areas Protection Regulation;
4. mitigation measures to protect the features, forms, and functions of the SPEA, watercourses, species at risk, and any identified environmentally valuable resources;
5. the proposed restoration and enhancement of the SPEA; and
6. any potential hazards created by the proposed development to natural features, functions, or conditions in the SPEA that support the life processes of protected fish.

Additionally, the Environmental Assessment should also consider implications for wildlife, invasive species, and any other impacts of the proposed development on natural areas.

Please contact an Environmental Coordinator to help determine if an Environmental Assessment Report is required for your proposed development.  It should be noted that the reporting requirements may be similar to but are not necessarily the same Provincial reporting requirements for development within 30m of a stream under the Riparian Areas Protection Regulation: check with an Environmental Coordinator.

A Natural Environment Development Permit may require retaining one or more additional Qualified Professionals to prepare reports to support the application (e.g. Arborist Report, Geotechnical Report, Hydrological Assessment, etc.).

Staff support Development Permits where the applicant demonstrates use of the mitigation hierarchy (1st avoid 2nd mitigate 3rd compensate) and where the NEDP Guidelines are followed.

It is recommended that the Qualified Environmental Professional contact an Environmental Coordinator and follow the guidelines contained in the City’s document Natural Environment Development Permit Application Guide to ensure a successful application review. Appendices A (Environmental Assessment Terms of Reference), B (Signage for Environmentally Sensitive Areas), and C (Costing Sheet for Environmental Securities) of the guide provide additional details and resources for the QEP.

An Arborist Report, prepared by a Certified Arborist, may be required to support a Development Permit application or a Development Permit exemption request. The Arborist Report must include a tree survey, tree condition assessment, and a tree removal/replacement plan. The report must assess all trees that are greater than 10cm diameter at breast height growing in a tree retention area (i.e. SPEA or ESA) located on the subject parcel or on adjacent parcels in areas that may be impacted by development.

If it is suspected that invasive plants listed under the Weed Control Regulation (i.e., noxious weeds) exist on the property, a Qualified Environmental Professional will need to conduct a site survey for invasive plants. If any exist on the property, the Qualified Environmental Professional (QEP) shall develop a strategy for their eradication and submit this strategy to the City for review. In developing the strategy, the QEP shall follow the guidelines contained in the City’s document “Invasive Plant Assessment Report Guidelines”. 

Invasive Plants

Development must comply with the City’s Erosion and Sediment Control (ESC) Bylaw. For the NEDP, an Erosion and Sediment Control Plan must be submitted for the clearing and grading phase of construction. 

For larger developments, a Construction Environmental Management Plan may be required prior to issuance of the Natural Environment Development Permit. The Construction Environmental Management Plan must be developed by the applicant’s Qualified Environmental Professional to advise the developer and contractors on how to proceed in compliance with relevant streamside and wildlife legislation, guidelines, Best Management Practices, etc. The Construction Environmental Management Plan shall address topics such as pre-construction meetings, tree clearing timing, procedures for species salvages, environmental monitoring requirements, spills, emergency contact numbers, and authorities of the environmental monitor.