Purpose of this policy

1   To regulate the use of public and privately owned land adjacent to:

(a) Vedder Canal;

(b) Sumas Drainage Channel;

(c) Sumas River; and

(d) Marshall, Saar, and Arnold Creeks.

Authority

2   Council

Interpretation

3   Schedule “A” contains definitions of terms used in this Policy.

Definitions

4   In this Policy, unless the context otherwise requires:

"City" means the City of Abbotsford.

"Council" means the City Council of the City of Abbotsford.

"Environmental Guidelines for Vegetation Management on Flood Protection Works to Protect Public Safety and the Environment" means the "Environmental Guidelines for Vegetation Management on Flood Protection Works to Protect Public Safety and the Environment", published by the Ministry of Environment, Lands and Parks; and Department of Fisheries and Oceans Canada, as amended or replaced from time to time.

"Freshet" means the rise or overflowing of river caused by heavy rainfall or snowmelt. Historically, freshet in the Fraser River takes place between May to September annually.

"Grazing Plan" means the "Grazing Management Plan", as defined by the Ministry of Agriculture, as amended or replaced from time to time.

"Guidelines for Management of Flood Protection Works in British Columbia" means the "Environmental Guidelines for Vegetation Management on Flood Protection Works to Protect Public Safety and the Environment", published by the Ministry of Environment, Lands and Parks, as amended of replaced from time to time.

"Summer Works Window" means the time frame for work to be done during the summer season, approved by the Department of Fisheries and Oceans, generally between August 1 and September 15 annually.

Vedder Canal

5   (1) The City owns the land on the west side of the Vedder Canal within the boundaries of Abbotsford. This land contains the Vedder Canal dyke which protects the reclaimed Sumas Lake lands from the flood hazard posed by the Freshet of the Fraser River and the winter storm and flood flows of the Chilliwack/Vedder drainage basin. The level and integrity of the dyke will be maintained to the operational and maintenance requirements of the Provincial Inspector of Dykes, as identified in the Guidelines for Management of Flood Protection Works in British Columbia; and the Environmental Guidelines for Vegetation Management on Flood Protection Works to Protect Public Safety and the Environment.

(2) The land will be used for the following purposes:

(a) Land on the water side of the dyke will be maintained for wildlife habitat and public recreational use. Four-wheel drive vehicles and motocross motorbikes are prohibited from using the dykes or the land beside the dykes.

(b) The land adjacent to the inside of the dyke, which is designated to be the stabilization toe berm, will be maintained for flood protection. Recreational use will be permitted where it does not interfere with that function.

(c) The setback dyke and ponding area will be maintained as a wildlife refuge and/or grazing area for adjacent farm use.

(d) Sheep grazing will be encouraged on City lands adjacent to the dyke to minimize the need for maintenance by powered mowing equipment. A lease agreement will be required between the City and the land user, as will submission of a written Grazing Plan.

Sumas Drainage Channel

6   (1) The land owned by the City extends from the Barrowtown Pump Station south to Wells Line Road (8.9 km). The area encompasses 98 acres (39.66 ha). The width of the property varies from a minimum width of 45.7 m (150 feet) at the south end, to a maximum of 91.5 m (300 feet) at the north end.

(2) Small parcels of property along the channel are held privately, or by other governmental agencies.

(3)

(a) The City may permit its lands to be used by the owner of the adjacent lands for agricultural use. Within 20 m of the top of bank, the land may be used for growing baling or silage grass only. No plowing, plowing turn-around, or cropping of vegetables is permitted in that zone. In areas where there are pathways alongside the channel, crops must be kept at least 6m from the pathways. No animals are permitted to graze along the channel right-of-way.

(b) Users are responsible for seeding, other improvements, and general maintenance of the lands, to ensure soil stability adjacent to the main drainage channel.

(c) The City reserves the right to revoke permission for use of these lands at any time, without notice or compensation.

(4) The City defines the right-of-way boundary of the adjacent land by erecting large diameter posts (at least 0.2 m or 8") installed at the property corners.

(5) The City reserves the right to, at any time, enter onto the properties for the purposes of construction, maintenance, or repair of the lands, or channel, without compensating users.

(6) All new private pump houses for irrigation uses located within the City properties and Right-of-Ways, must be installed on skids so they can be moved out of the way for Canal/Channel maintenance purposes.

Sumas River

7   (1) Civic Property

(a) The land along the Sumas River, which is owned by the City of Abbotsford, will be maintained according to the Guidelines for Management of Flood Protection Works in British Columbia.

(b) No construction of permanent buildings are permitted on City-owned lands, unless approved by Council (e.g. Rowing Club building, Park facilities, and Irrigation Pumphouses licensed under the Water Act).

(c) The City will retain, where possible, a buffer zone on City-owned river frontage. Where, and when, necessary, the City will stabilize the river banks, remove blockages, and clean the river channels. Necessary works will be completed during the Summer Works Window.

(d) Non-developed areas will be maintained, except where river maintenance is required.

(e) In recognition of the sensitive environment along this watercourse, the use of powerboats over ten (10) horsepower is discouraged on the Sumas River upstream of the Barrowtown Floodbox, except where necessary for maintenance purposes, or as approved by Council. The speed limit on the river is no more than 10 km/h, with a wake of less than 0.3 m.

(2) Private Property

(a) Private property owners are encouraged to retain buffer zones and naturally vegetated areas along the river frontage.

(b) Where, and when, necessary, the City will stabilize the river banks, remove blockages, and clean the river channels. Necessary works will be completed during the Summer Works Window.

(c) When necessary to enter private land to carry out works, the City will first seek the property owner’s permission.

(d) Private property owners must adhere to setback and elevation requirements for new buildings, as set out in the City's Zoning Bylaw, 1996, as amended or replaced from time to time; and consult with the Building Department during the planning stages for new projects.

Marshall, Saar, and Arnold Creeks

8   (1) When works in, or about, Marshall, Saar and Arnold Creeks are required, the watercourse management policies for the Sumas River, as set out in Section 7 (1) apply. Private property owners are be encouraged to follow the watercourse management policies, as set out in Section 7 (2).