Under current DPA bylaws applications were forward-looking and required a Qualified Environmental Professional (QEP) to assess only proposed development.
Under Bylaw 4632, applications now capture both proposed development and, where applicable, existing site conditions resulting from unauthorized works. This introduces a broader scope of review at the application stage.
Under Bylaw 4485, there was no formal mechanism within the development permit process to address unauthorized works. Applications were limited to proposed development and focused on avoiding or minimizing impacts.
Bylaw 4632 introduces the Condition and Impact Assessment (CIA) as a defined requirement where unauthorized works have occurred. In these cases, the applicant must retain a Qualified Environmental Professional to prepare a report as part of the development permit application.
The CIA report requires more than an assessment of current conditions. It includes reconstruction of pre-disturbance conditions, identification of unauthorized works, and evaluation of impacts to riparian function. Based on this, the report must set out specific remediation measures.
These measures may include removal of structures, regrading, soil management, and re-establishment of vegetation. Where watercourses or wetlands have been altered or buried, they must be restored, including daylighting where applicable.
The CIA process introduces a retrospective component to the development permit system. Approval of new or continued use of the land becomes tied to addressing past works.
The bylaw does not establish a defined look-back period and does not address how changes in ownership are treated. The requirement is tied to the condition of the land at the time of application. And this is not a requirement by the province.
