WP-1: Watershed Protection

What the zone allows

Homes allowed

One dwelling, accessory to forestry or farming on the lot; the zone lists no secondary suite

Main uses

Forestry; 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 the high water mark of any 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.

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 and other farm buildings 7.5 m; 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.

While a house is being built or rebuilt under a building permit, one extra dwelling or an RV may be lived in on the lot; it goes, or becomes an unserviced accessory building, once the new house is occupied (s. 1.05).

An RV or park model trailer can't be used as a home (s. 1.04). On a lot of 1,670 m² or more, up to two RVs may be kept or used seasonally while there's no house, one once there is; one on smaller lots. An occupied RV is hooked to approved sewage disposal and meets the zone's setbacks, and none may be occupied in the Rockyview Official Community Plan area (s. 1.19).

New lots also need at least 1,670 m² of usable land (695 m² on a community water system): one piece averaging 15% slope or less, with no land slip, avalanche, rock fall, flooding or high water table hazard (ss. 2.03, 3.3).

Outside the ALR, a lot of at least 4 ha can be split once into two smaller lots to give a relative a home (s. 514 of the Local Government Act; s. 2.06).

Heights are measured from finished grade to halfway between the eaves and the ridge; a flat roof to its top (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 or in Moyie townsite (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 and farm-hand dwellings (ss. 1.20 to 1.22, 1.31).

Floodplain (Schedule B): the floor of any living or business space sits at least 3 m above the high water mark of the Moyie and St. Mary rivers and 1.5 m above any other stream, lake, marsh or pond (in the Special Policy Area mapped on Schedule B2, such as alluvial fans, 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 the Moyie and St. Mary rivers and Lamb and Braunagel creeks, 15 m from other streams, and 7.5 m from Moyie Lake, Monroe Lake and any other lake, marsh or pond.

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 C South Zoning & Floodplain Management Bylaw No. 2913, 2019 (summarised in our words); zone map: Open Government Licence – Regional District of East Kootenay.