It was a legislative move that raised many eyebrows and infused a vein of concern among Columbia Valley property and business owners.

Almost eight years ago, many observers saw the Regional District of East Kootenay’s (RDEK) back zoning of Lot 48, then owned by Fairmont Hot Springs Resort, as a draconian move that told property owners zoning bylaws held little sway in the grand scheme of things.

Then Electoral Area F director Martin Cullen led the charge to drag Lot 48 away from tourism/resort development zoning. Regional First Nations hailed the move, citing thousands of years of cultural ties and importance to the east side of Columbia Lake, and environmentalists also hailed the move, noting it would preserve the untouched side of the lake.

Today, the preservation of Lot 48 is viewed by people on all the edges of the societal spectrum as a victory for the region, evidenced by a non-partisan celebration on the property last summer.

On July 23 the Nature Conservancy of Canada (NCC) and its funding and project partners celebrated the completion of their bid to conserve the ecologically and culturally important property.

The NCC had to dig deep and go far and wide in order to secure the property, with Teck Resources providing a $2 million boost to push them over the top – bringing their $7.2 million target within range.

Other major support for Lot 48’s purchase came from Columbia Basin Trust, Fish and Wildlife Compensation Program (FWCP), Habitat Conservation Trust Foundation, the BC Government, the Government of Canada through the Natural Areas Conservation Program, as well as many other groups and individuals, and the RDEK.

On May 3, the RDEK board of directors unanimously agreed to scrap Bylaws No. 1880 and 1881 – Fairmont Hot Springs Area Official Community Plan Amendment (District Lot 48) and Upper Columbia Valley Zoning Bylaw Amendment (Fairmont / District Lot 48).

The move paves the way for the property, now owned by the NCC, to be zoned as park and open space.

“The Nature Conservancy of Canada has purchased the property and a series of bylaw amendments are expected to come forward for first reading at the June Board Meeting to recognize, designate and zone Lot 48 as natural, open space,” said RDEK Board Chair and Electoral Area C director Rob Gay.

“The effort to save Lot 48 from inappropriate development began in 2005 when the board introduced Bylaws 1880 and 1881 that would have seen Lot 48 re-designated from Resort Development to Rural Resource,” explained Gay. “Although many years have passed, those bylaws were still pending in our system. At our board meeting on Friday, in anticipation of the new bylaw amendments coming forward in June, we officially rescinded Bylaws 1880 and 1881.”

In 2006, the board was set to hold a second public hearing on the bylaws, which if adopted, would have formally rezoned the land. The board postponed consideration of the bylaws to allow more time to see if the parties involved could reach a negotiated settlement for the long-term protection of the land.

Over the past seven years, the board has continued to defer scheduling the second public hearing as ownership of the property changed and efforts to secure the preservation of the property continued, including attempts at a land swap to compensate the property owner and allow them to proceed with resort development plans. An agreeable swap of land was never nailed down.

“Though many things have changed over the years, one thing we as a board have always recognized is the important cultural and environmental values of Lot 48. I am thankful we did not rush this issue. The delayed decision was the right decision and it will be fantastic to see this land permanently protected,” Gay stated.

Electoral Area F director Wendy Booth said she is pleased the long-running, controversial issue is coming to a close.

“I look forward to bringing new bylaws forward that will reflect the board’s current place,” she said.

Village of Canal Flats Mayor and RDEK board member Ute Juras agreed, noting, “That is a piece of property that’s very important to the east side of the lake. I think the (back zoning) we would have picked wouldn’t have been right.”

District of Invermere Mayor and RDEK representative Gerry Taft added, “I am glad to see this resolved.”

Ian Cobb/e-KNOW

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