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Law and Policy Tools

POLICIES, DECISIONS, AND RAINFALL INDUCED FLOODING IN CITIES: “Communication is king. As urban decision making brings in more voices, and climate change becomes less of an abstract future but a present-day reality, it is imperative for policy to understand what the different perspectives are and how to weigh their importance,” stated Charles Axelsson, PhD, Ca’ Foscari University of Venice in the Science and Management of Climate Change (March 2022)


“One of the main takeaways from my doctoral work is there is still a lot of disagreements in communication throughout this decision-making process. Within policy itself, there is a disconnect between the way the problem of stormwater adaptation is framed theoretically versus perceived in reality. Theoretically, there is a large focus on adaptation. However, in my research I found that many of those involved in policy still place a higher importance on the political limitations of policy making and the economic costs of project management.,” stated Charles Axelsson.

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‘DESIGN WITH NATURE” FRAMEWORK FOR GREEN INFRASTRUCTURE: Nationwide document survey by Cary Institute of Ecosystem Studies reveals that the green infrastructure state-of-the-art in the United States is now close to where British Columbia was in 2005


How green infrastructure is defined guides the types of projects that local governments implement, with enduring impacts to people and the urban environment. “Ecology is not really being embedded in any planning practice, This realization turned my attention towards urban planning and this question, how do you embed ecosystem science and principles within landscape planning to conserve landscapes and landscape functioning quality? It resulted from me thinking about how the social processes shaping landscapes are inseparable from people’s relationship with nature,” Dr. Zbigniew Grabowski.

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SHARED RESPONSIBILITY EXPLAINED: “Policy and legal tools can help developers, regulators and designers collaborate to implement green infrastructure solutions and ensure responsible outcomes. Each party in the process has a responsibility,” stated Susan Rutherford, former Legal Counsel with West Coast Environmental Law, during capacity-building presentations delivered under the umbrella of the Water Sustainability Action Plan in the first decade of the 2000s


“If someone says something is not working – that barriers prevent success – then our challenge for them is: Think about what would make it work, and what are you going to do to make that alignment of goals happen? Our theme is ‘imagine’. Once we know what we want our watersheds and neighbourhoods to look like, the next step is to decide what the tools are that will get us there. What this underlines is that we are all interconnected – our actions influence whether others will succeed, and our own achievement of goals is influenced by how we’re supported,” stated Susan Rutherford.

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CREATE SAFE CITIES FOR SALMON: “Inadequate statutory foundations and enforcement of current regulations have only hindered the implementation of nature-based solutions to protect salmon in cities. There must also be increased clarity and communication from the top to ensure these regulatory requirements are understood and effectively implemented,” stated Andrea McDonald, author of the joint research study by the Pacific Water Research Centre and the Salmon-Safe BC team (May 2021)


“Protection of salmon and their habitat from the adverse impacts of urban development is a challenging task that requires an all-of-government response. Findings from this research highlight the variable involvement and guidance provided from the higher levels of government in Canada. As one expert noted, the province must provide more clarity on direct regulatory obligations which have compliance initiatives in place to enforce them,” stated Andrea McDonald. “Providing opportunities for the public to be more engaged and educated on the subject can offer that bottom-up pressure necessary for more rapid-paced change in local governments.”

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INTER-GENERATIONAL COLLABORATION: “In a representative democracy, politicians can only lead where people are prepared to follow,” stated Joan Sawicki, a former Speaker of the BC Legislative Assembly and Minister of Environment, Lands and Parks during the period 1991 through 2001


“Voters often send mixed messages. While it is perfectly legitimate to hold politicians’ “feet to the fire”, there is some justification to do the reverse as well! It is sometimes too convenient to blame politicians for the short term thinking hole that we are in. If we truly want our governments to shift from short-term to longer term thinking, as voters we must then be prepared to support – and re-elect – those politicians who bring in such policies and legislation, even if those initiatives negatively impact us personally today ” stated Joan Sawicki.

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CLIMATE ADAPTATION: “NYC, Vancouver, Sydney, Auckland, Copenhagen and Amsterdam present differing narratives toward pluvial flooding. Vancouver has embraced an image of environmental friendliness and constructs a narrative of rainfall management full of ‘green’ improvements,” stated Charles Axelsson, PhD candidate, University of Venice (January 2021)


“As a geographer researching urban environments, I really enjoy focusing on where scientific environmental research meets urban policy. In developed cities, decades and centuries of urban growth have led to a jigsaw puzzle of urban infrastructure. Storm drainage systems are ageing, built at different times to different standards, and often follow political boundaries not drainage basins. With climate change stressing these systems, it is all the more urgent to understand how to design with nature to prevent rapid runoff,” stated Charles Axelsson.

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GREEN INFRASTRUCTURE IN AUSTRALIA: “We should spend less on freeways – and more on our waterways,” wrote Bruce Lindsay, Environmental Justice Australia


“Contemporary urban planning bolts waterway protections onto new suburbs or the refitting of older ones. Water-sensitive development provides for nice water features in local landscapes. Overwhelmingly, however, waterways remain incidental in the urban landscape, if not simply drains then as local ‘amenity’. Waterways are not viewed at the core of development models. They could provide the base for recovery of biodiversity, or a project of rewilding places – and people. This is what we need,” wrote Bruce Lindsay.

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FLASHBACK TO 2004: City of Courtenay established a precedent when it was the first BC municipality to adopt and implement a ‘Soil Depth Policy’ for rainwater management


The policy was adopted in January 2004 immediately after the City became a founding member of the Water Balance Model Partnership. The requirement was included in the Official Community Plan. “Because the City places importance on the soil sponge as a rainwater management tool, we explored options to ensure that developers and house builders fulfil their obligations to provide and preserve the minimum required depth,” stated Sandy Pridmore.

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The Green Infrastructure Guide: Issues, Implementation Strategies and Success Stories


The Green Infrastructure Guide is an invaluable reference document for those who embrace a ‘design with nature’ philosophy. “The Guide’s purpose is to encourage successful designs, by reporting on what the legal and policy strategies are, what some of the implementation hurdles (and solutions) have been, and how they have been effective in achieving sustainability goals,” wrote Susan Rutherford.

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Sustainable Watershed Systems: New California law recognizes meadows, streams as green infrastructure


“It’s a major shift in the way we think about conservation — nature isn’t just ‘nice to have’ but an absolutely critical piece of our water infrastructure systems,” said Genevieve Bennett. “There are hundreds of communities all over the world who understood that years ago, and started figuring out how to make sure they were protecting their water sources. And now we’re starting to see that concept making its way into higher-level policy.”

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