By Sebastian Kanally, Times Chronicle
Clarification is needed from the Okanagan Basin Water Board (OBWB) on grant requirements concerning private sewer systems and accessory dwellings, or it could put $130,000 in grants at risk.
The Regional District of the Okanagan-Similkameen’s (RDOS) planning and development committee is requesting clarification from the OBWB on their recent interpretation of the 1.0 ha Policy, and whether its omission of accessory dwellings was intentional or oversight.
The 1.0 ha Policy is a provincial requirement that says local governments must have bylaws in place that prohibit the creation of lots smaller than one hectare in size unless they are connected to community sewer systems.
This policy is to prevent the creation of small parcels of land depending on on-site septic fields for the disposal of wastewater throughout unincorporated areas or rural sprawl.
The province identified 1.0 ha as the minimum parcel size for a septic field for a single residential use, “as higher densities are likely to lead to septic failure over the long term”, the RDOS report explains.
These prohibitive bylaws are required in order to qualify for grant funding and if not followed further financial assistance could be withheld from any infrastructure scheme to fix the problem.
There has been back and forth between the RDOS and the OBWB for years on the interpretation of this policy in the terms of reference for its Sewerage Facilities Assistance (SFA) Grants Program.
This program provides approximately $130,000 in funding for various infrastructure and educational projects in the RDOS.
Over the last two years, the OBWB has asked for feedback and responded to some RDOS requests for a reinterpretation of some aspects of the policy.
This resulted in the RDOS requesting that prohibiting accessory dwellings on these small parcels not connected to an RDOS-operated sewer system be removed.
The RDOS requested this in May 2024, to “allow detached accessory dwellings on parcels less than 1.0 ha in area when they are connected to the same on-site private sewage system servicing the principal dwelling.”
When the OBWB released its revised version of the SFA terms of reference in September 2024, there was no change to this part of the policy. Currently, accessory dwellings would only be allowed on parcels less than 1.0 ha connected to community sewer systems.
The RDOS notes this is likely to have an adverse impact on communities such as Apex Mountain Resort, Gallagher Lake, Heritage Hills, and parts of “Upper Naramata”, which are all serviced by private sewer systems.
The clarification is to seek “whether that was an oversight or that was done on purpose,” Chris Garrish, planning manager for the RDOS said.
The RDOS requested this restriction be removed because of the “current critical housing shortage”, mandates from the provincial government to increase housing density, including via accessory dwellings, and to protect these RDOS communities.
The RDOS is seeking allowance for accessory dwellings on parcels connected to private sewer systems, not just RDOS-owned ones.
The result seems to be a “chicken and egg situation” when it comes to dealing with the housing shortage explained Adrienne Fedrigo, electoral area “E” director for Naramata.
“The province in the small-scale multi-unit housing (SSMUH) legislation does mandate that we are supposed to have more housing, and then we are limited by the 1.0 ha rule with the OBWB that we can’t have more housing.”
“So, we are kind of in this chicken-egg situation in terms of the province kind of limiting us in two separate ways to try and expand. So how do we try and satisfy the SSMUH while also respecting the limitations put on by the OBWB if there is no give and take on either side?”
Garrish said, “The short answer is the province is okay with secondary sites to achieve more housing.”
“At a staff level, the issue we have always had is what is the difference between that dwelling unit being within the footprint of the principal house as opposed to being detached? As long as it’s tied into the existing septic serving the principal dwelling. And we have discussed that with OBWB staff on multiple occasions, but they see it differently than we do.”
One point that the OBWB did provide in its recent interpretation was an exemption for private sewer systems that serve new parcels created by subdivisions that are less than 1.0 ha. which is separate from the question around accessory dwellings.
This requirement specifically impacts existing RDOS areas treated by private water systems, mainly Gallagher Lake, Apex Mountain Resort, and parts of “Upper Naramata”.
In September 2024 the OBWB provided an additional exemption after receiving concerns from local governments.
This exemption is for “the creation of lots below 1.0 ha that connect to systems created and managed in accordance with the Municipal Wastewater Regulation will not affect a local government’s eligibility for SFA grants.”
