Environmental Regulations

Abbotsford’s natural setting is characterized by a wide diversity and beauty of landscapes and natural features.

These ecosystems provide many functions necessary for our community’s health and well-being. The City has committed to protecting and enhancing these ecosystems and the wildlife that depend on them through several mechanisms, including the City’s Streamside Protection Bylaw, the Tree Protection Bylaw, and the Natural Environment Development Permit area.

Slopes

As Abbotsford continues to grow, development may occur in areas with steep slopes where the potential risk of natural hazards such as landslides, erosion, debris flows, etc. present a danger to people and property. As such, the City established the Steep Slope Development Permit area in order to ensure development activity does not create hazardous conditions.

Stream Setbacks

All residential, commercial and industrial development must occur outside of the Streamside Protection and Enhancement Areas (SPEAs), which is established by the City’s Streamside Protection Bylaw. SPEAs are no disturbance areas that range in width from 5m to 30m for streams and 2-10m for ditches, measured from the top-of-bank. The width is dependent on fish presence, stream permanence, and vegetation category.

Please contact an Environmental Coordinator to determine the SPEA for your watercourse. If the watercourse classification is unknown, the property owner can default to the most conservative classification or retain a Qualified Environmental Professional to undertake a Fish Habitat Assessment Report.

All areas of human disturbance (including buildings, structures, paved parking areas, landscaped areas, etc.) that existed prior to the Streamside Protection Bylaw being adopted are grand-parented and can continue to be used as long as the type of disturbance doesn’t change and the area of disturbance is not extended/expanded. However, if new development is proposed, the new development will need to adhere to the setbacks as described above.

If the proposed development cannot avoid impacts to the SPEA, a Development Permit or Development Variance Permit application will be required.

For more information refer to the following:
- Living Near Streams and Ravines handout for information about streamside protection
- Developing Near Streams and Ravines (Appendix A: Technical Information, Appendix B: Setback Comparison Table, Appendix C: Signage, Appendix D: Costing Sheet) information package for developing near streams
The Streamside Protection Bylaw does not apply to agricultural land uses. However, the City’s Zoning Bylaw Floodproofing Provisions (section 140.7.7) dictate the setback of buildings from a watercourse to ensure there are no impacts to the floodway. The Zoning Bylaw does not dictate what land practices occur between the building and the watercourse; rather, the Fisheries Act and Water Sustainability Act govern the removal of riparian vegetation within agricultural land.

In order to avoid contravention of senior government legislation, the City recommends adherence to either the City’s Streamside Protection Bylaw or the provincial Riparian Area Protection Regulation for any vegetation clearing activities, and adherence with the Agricultural Building Setbacks from Watercourses in Farming Areas guidelines for the construction of farm buildings.

Floodplain Setbacks

If a property is located in a designated Floodplain Area or within proximity to a watercourse, it must adhere to the floodproofing provisions under the Abbotsford Zoning Bylaw (Section 140.7.7), which prescribe setbacks for buildings and structures from the natural boundary of a watercourse, waterbody or dyke.

Where landfill is used to achieve any elevation required by the Zoning Bylaw, no portion of the landfill slope shall encroach upon the setback areas, and the face of the landfill slope shall be adequately protected against erosion by floodwaters.

Erosion and Sediment Control

The City’s Erosion and Sediment Control (ESC) Bylaw helps to control the amount of sediment-laden water entering the drainage system by requiring implementation of Best Management Practices. The bylaw applies to all sites where development activities are occurring which may cause sediment-laden water to enter the drainage system. Except where a farm activity is regulated by a City bylaw, (e.g. Building Permit or Soil Removal and Deposit Permit) this bylaw does not apply to development within the Agricultural Land Reserve.

The flow of sediment-laden water off construction sites has impacts on both Abbotsford’s drainage system and local streams. Hundreds of thousands of dollars of the City’s budget is directed to annual maintenance costs for removing sediment accumulations from Abbotsford’s drainage systems.

The ESC Bylaw requires that sites having a developable area greater than 2,000m² must have an ESC Plan prepared by an ESC Supervisor as per the Guidelines for Erosion and Sediment Control Bylaw: For development sites 2,000m² or larger document. The ESC Plan must be submitted along with a completed Erosion and Sediment Control Submission Form and Erosion and Sediment Control Supervisor Letter of Appointment. An ESC Sign must be placed at the entrance to the site.

Sites larger than 2,000m² must be monitored by the ESC Supervisor in accordance with the City document Erosion and Sediment Control (ESC) Bylaw: Responsibilities of the ESC Supervisor.

The City's Flowworks rainfall data is available to determine if a Significant Rainfall Event has occurred.

The City has compiled a list of Erosion and Sediment Control Product Suppliers and Service Providers in order to assist developers and contractors to locate erosion and sediment control products and services.
Where it is confirmed that the developable area of the site is less than 2,000m², the applicant is not required to submit an ESC Plan or monitor the site, but is still required to implement appropriate best management practices to ensure site discharge meets the ESC Bylaw criteria of 25 NTU. For more information see Guidelines for Erosion and Sediment Control Bylaw: For development sites that are exempted from the ESC Submission Requirements.

The City has compiled a list of Erosion and Sediment Control Product Suppliers and Service Providers in order to assist developers and contractors to locate erosion and sediment control products and services.
Individuals working in the development industry are strongly encouraged to complete Erosion and Sediment Control training. Training courses are available locally through:
Information on Best Management Practices can be found on the following sites:

Contaminated Sites in Abbotsford

Toxic substances may exist in the soil vapour, sediment, surface water, and groundwater of current or historic industrial and commercial properties in Abbotsford. Such properties may be deemed contaminated if substances occur at concentrations:

above background (normally occurring) levels and pose or are likely to pose an immediate or long-term hazard to human health or the environment; or
exceeding levels specified in policies and regulations.

Consequently, the Ministry of Environment, under authority of the Environmental Management Act and the Contaminated Sites Regulation, may require a Site Disclosure Statement if a property with a current or historic Schedule 2 use applies for:

subdivision
rezoning
development permit, where soil disturbance is likely
building permit, where soil disturbance is likely

This examination ensures the property is suitable for the proposed use and is safe for human health and the environment.

Visit the Ministry of Environment for more information on the site disclosure process, standards, legislation, and guidance in assessing and remediation of contaminated sites. A number of useful links are found below:

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