WP-1: Watershed Protection

What the zone allows

Homes allowed

A dwelling accessory to forestry, mining, conservation or ALR farming on the lot (not to wildland use); how many is unclear, as the zone sets no number, so ask the RDEK. The zone lists no secondary suite

Main uses

Forestry, mineral resource extraction, conservation areas and wildlife sanctuaries, wildland use (with sheds, livestock and picnic shelters and warming huts only); farming only on the part of the lot inside the ALR, with no confined livestock areas

Smallest lot for a subdivision

125 ha

Lot coverage

10%

Height limit

12 m

Setbacks

30 m from every lot line; buildings 100 m from a lake or stream

This zone protects drinking water. Pesticides, herbicides and fuel are stored 200 m from any lake or stream; fuel tanks have secondary spill containment, none below ground, with shear valves locked when unattended and hoses that shut off automatically, and waste oil leaves the watershed. New power lines and pipelines use existing utility corridors unless they serve a subdivision in the zone.

All dwellings stay within one contiguous area of the lot of at most 2 ha.

Wildland use (public outdoor recreation or tenured activities such as trapping, guide-outfitting, heli-skiing and cat skiing) needs a lot of at least 120 ha (s. 1.23).

A warming hut is one storey and at most 30 m², with no overnight stays (s. 1.09(5)).

Farm buildings (s. 1.20): dairy, livestock, fur and poultry buildings 15 m from lot lines (confined livestock areas 30 m) and 30 m from a well or spring; mushroom barns 7.5 m; buildings with boilers or fan walls 15 m; other farm buildings 4.5 m. Livestock and poultry barns, stables, milking buildings, mushroom barns and confined livestock areas stay 15 m from a lake or stream (30 m for confined livestock areas of more than 10 animal units), and manure storage 30 m from wells and springs and 15 m from lakes and streams. Farm buildings have no height limit (s. 1.11(4)).

The bylaw doesn't list vacation or short-term rental, or home based business (which includes bed and breakfasts), as a use in this zone. Ask the RDEK before renting a home short term.

New lots also need at least 1,670 m² of usable land: one piece averaging 15% slope or less, with no land slip, avalanche, rock fall, flooding or high water table hazard (ss. 2.02, 3.3).

Heights are measured from finished grade to halfway between the eaves and the ridge; a flat roof to its top; the walls under a single-pitch roof may reach 1.5 m above the limit (ss. 3.2(6), 1.11(6)).

Every zone also allows parks, public utilities, highways and railways, heritage sites and conservation areas (s. 1.03). Buildings stay 22 m from a controlled access highway unless the lot is on a frontage road (s. 1.06).

Inside the ALR, farm uses and those the Agricultural Land Commission approves are permitted, as is cannabis production under the ALR Use Regulation; the Commission's rules also apply to suites, farm-hand dwellings and dwellings for a relative needing care (ss. 1.14, 1.20, 1.21, 1.25, 1.27).

Floodplain (Schedule B): the floor of any living or business space sits above 772 m (geodetic) beside Wasa Lake, at least 3 m above the high water mark of the Kootenay and Lussier rivers, Skookumchuck Creek, the St. Mary River and Perry Creek, and 1.5 m above any other stream, lake, marsh or pond (on the Lussier River fan mapped in Schedule B1, the highest of 1 m above the ground, 0.6 m above anything that could pond water, or an engineer's level); fill and supports stay 30 m from those five rivers and creeks, 15 m from other streams and 7.5 m from any lake, marsh or pond. On the Argyle Creek hazard area (Schedule B2) the setbacks apply and an engineer assesses the site (Schedule B, Part 3).

Site-specific exceptions listed in the bylaw by legal description can add or change uses for one property, and development permit areas, the ALR and building rules apply on top. Confirm with the RDEK's planning department before you buy or build.

Source: Electoral Area E Zoning and Floodplain Management Bylaw No. 2502, 2014 (summarised in our words); zone map: Open Government Licence – Regional District of East Kootenay.