Clearing a lot for a new home or commercial project in the East Kootenays is more complex than simply firing up a chainsaw. Between the Regional District of East Kootenay (RDEK) bylaws and federal protections for wildlife, an unpermitted clearing can result in “Stop Work” orders and massive fines.
At Scott Wills Tree Service, we don’t just clear land; we navigate the red tape so your project stays on schedule. Here is what every property owner needs to know before the machines arrive.
Do You Need an RDEK Development Permit?
Not all land in the Kootenays is treated equally. The RDEK has designated specific Environmentally Sensitive Areas (ESAs) and Development Permit Areas (DPAs).
- Riparian Areas: If your land is near a creek, lake, or wetland (even a seasonal one), you likely fall under a Shoreline DPA. Removing vegetation here usually requires a permit and a report from a Qualified Environmental Professional (QEP).
- Wildlife Connectivity Corridors: Certain areas around Cranbrook, Kimberley, and the Columbia Valley are protected to allow for the movement of elk, grizzlies, and badgers.
- Old Growth Preservation: RDEK bylaws specifically encourage the preservation of large-diameter Douglas fir, ponderosa pine, and western larch.
Before clearing, check the RDEK Schedules K1 and K2 to see if your property is within an ESA. If it is, “land alteration” (including tree removal) is prohibited until a permit is in hand.
Migratory Birds Convention Act Compliance
One of the biggest hurdles for land clearing in BC is the Migratory Birds Convention Act. It is a federal offense to disturb an active nest of a migratory bird.
- The Critical Window: In the Northern Rockies (BCR 10), the highest nesting intensity typically occurs between mid-May and late July, though the general period spans from April to mid-August.
- The Raptor Exception: The nests of eagles, ospreys, and herons are protected year-round, whether they are currently occupied or not.
Fire Smart Land Clearing
In the East Kootenays, wildfire isn’t a possibility—it’s a certainty. Modern land clearing must balance the removal of “ladder fuels” with environmental preservation.
Following FireSmart BC standards, we focus on:
- Priority Zone 1 (0-10m from structures): Complete removal of highly combustible conifers (cedar, juniper, pine).
- Spacing: Ensuring tree crowns are at least 3 meters apart to prevent “crowning” fires.
- Pruning: Removing “ladder fuels” up to 2 meters from the ground.
Start with a Site Assessment Don’t risk your investment. We provide comprehensive Lot & Land Clearing assessments that take FireSmart, RDEK bylaws, and nesting seasons into account.