Notice to Developments – FHALUMG

Notice to Developers
Flood Hazard Area Land Use Management Guidelines

The Provincial Government update to the Flood Hazard Area Land Use Management Guidelines[1] (FHALUMG, 2004) to include guidance on land use and development in areas that will be affected by sea level rise will come into effect on January 1, 2018 to allow a transition period for local governments. This update is based on a technical report commissioned by the Province[2] and published in 2011, which demonstrates how sea level rise will influence setbacks and flood construction levels in coastal areas and recommends incorporating sea level rise into planning and development to ensure a standard of public safety into the future. The Flood Hazard Area Land Use Management Guidelines have been prepared by the provincial government to help local governments, land-use managers, and approving officers develop and implement land-use management plans, and make subdivision approval decisions, in areas subject to flood hazards.

This update represents a significant policy change that will impact land use and development decisions made by local governments in coastal areas. The update amends sections 3.5 (The Sea) and 3.6 (Areas Protected by Standard Dikes) based on a series of technical studies, Climate Change Adaptation Guidelines for Sea Dikes and Coastal Flood Hazard Land Use (Ausenco Sandwell, 2011), as well as discussion with local governments and stakeholders over several years.

A technical working group of local government professional staff[3] was established by the Province to review written submissions on the FHALUMG proposed amendments and make recommendations to the Ministry of Forests, Lands and Natural Resource Operations regarding changes to the draft amendment. 

The Local Government Act:

S. 298 where building regulations are established or under S.305 where the building inspector considers that construction would be subject to flooding and flood proofing conditions are not established in any of the above

S. 488 where a development permit area has been designated under the provisions of Section 488 a development permit may specific areas of land that may be subject to hazardous conditions;

S. 479 can regulate parcel configuration, the density of the land use, siting and standards of buildings and structures;

s. 524 of the Local Government Act to enact either flood construction level or floodplain setback standards.