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Salmon Arm man gets resolution in dispute with city over wildfire covenant

City says covenant no longer required as it shifts focus to FireSmart education
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Gleneden resident Ken Stewart had been warning neighbours about a former City of Salmon Arm requirement for a Wildfire Interface Covenant triggered by new construction outside the city91裸聊视频檚 urban containment boundary. (File photo)

A Salmon Arm man views the recent outcome of his dispute with the city as a win 91裸聊视频 at least for himself.

In September 2023, Gleneden resident Ken Stewart began taking action against a City of Salmon Arm requirement he encountered after applying for a permit to build a garage on his property. The permit triggered a the need of a Section 219 Wildfire Interface Covenant Stewart was told would have to be registered on the title of his property prior to occupancy. Stewart was concerned with the cost of doing this (he said between $600 and $900), as well as language in the covenant that protects the city from legal action.

At that time, city planning and community services director Gary Buxton explained the covenant requirement had been in place since at least 2011, and is included in section . He referred to the covenant as a risk management that applies only to new development or construction outside the city91裸聊视频檚 urban containment boundary.

91裸聊视频淚t notifies the owner that we91裸聊视频檙e all acknowledging a heightened risk of wildfires in these areas outside the urban containment boundary,91裸聊视频 explained Buxton. 91裸聊视频淢ostly because of tree cover and in many cases lack of hydrant coverage. It requires the owner to manage that risk and to manage vegetation on their property. And it also indemnifies the city in case there is an event 91裸聊视频 we all agree that we91裸聊视频檙e not going to sue each other.91裸聊视频

91裸聊视频淚91裸聊视频檓 not going to sue 91裸聊视频 what are the chances of this being anything other than an act of God, and you can91裸聊视频檛 sue for that,91裸聊视频 commented Stewart who, reluctant to pay for the covenant, took his concerns to the BC Office of the Ombudsperson. Investigating the matter, Ombudsperson Officer Pei-Shing Wang contacted city staff and the city91裸聊视频檚 lawyer, and was advised the city had changed its position subsequent to Stewart91裸聊视频檚 complaint, and a 91裸聊视频渞estrictive covenant is no longer required as part of the permitting process.91裸聊视频

On March 19, Stewart received a letter from city chief administrative officer Erin Jackson confirming this.

91裸聊视频淭he city has received notice of your complaint to the Office of the Ombudsperson concerning its historical practice of requiring wildfire interface covenants within identified wildfire hazard areas as a consideration of issuing building permits,91裸聊视频 said Jackson. 91裸聊视频淲e confirm that the city revised its practices subsequent to receipt of your September 7 permit application, and you are no longer required to grant a wildfire covenant.91裸聊视频

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Asked for further information about the change in practice, Jackson explained via email that the city is shifting focus to FireSmart education and awareness as the 91裸聊视频渇irst tool in the wildfire mitigation tool kit.91裸聊视频

91裸聊视频淲ildfire mitigation is the responsibility of all citizens, not just those with covenant,91裸聊视频 said Jackson.

Stewart said he was surprised by the turnabout, and is grateful for the work done by the Office of the Ombudsperson.

91裸聊视频淭he Ombudsperson has contacted me a couple of times just to confirm it91裸聊视频檚 all there, it91裸聊视频檚 real 91裸聊视频 Erin Jackson has as well,91裸聊视频 said Stewart, noting he told people in the area not to do anything until 91裸聊视频渨e get this thing settled 91裸聊视频 so I saved them money.91裸聊视频

However, Stewart wonders about those with wildfire covenants wanting them removed.

91裸聊视频淚 doubt people are going to get their $600 to $900 they had to pay their attorneys or notaries to get that covenant put on,91裸聊视频 said Stewart.

Jackson said people who have the covenants, if they 91裸聊视频渨ish to discuss them with staff, they are certainly welcome to.91裸聊视频

For all Salmon Arm homeowners, Jackson stressed the importance of taking measures to protect their properties.

91裸聊视频淚 would91裸聊视频 like to emphasize that in light of the devastating fires in very close proximity to Salmon Arm in 2023, and the dry conditions we are currently seeing, it is vitally important that homeowners take proactive measures to protect their homes from potential fire hazards,91裸聊视频 said Jackson.

For more information about the City91裸聊视频檚 FireSmart program or to schedule a home assessment, homeowners should contact the Salmon Arm Fire Department at 250-803-4065.



Lachlan Labere

About the Author: Lachlan Labere

Editor, Salmon Arm Observer
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