Mann, Jacqueline L. "A Review of the Institutional System Regulating Erosion and Sedimentation Associated with the Development Process"

The main objectives of this thesis are to identify how erosion and sedimentation associated with the residential development process is regulated in Nova Scotia, and to ascertain whether the planning process could assume a greater role in the regulation of the development process.



A review of the legislation involved in the existing institutional process was undertaken to establish if legislation enables regulation of erosion and sedimentation. Usable legislation was identified in the Planning Act, Environmental Protection Act, Water Act, and Fisheries Act.



A survey of five municipalities was undertaken to establish how the institutional system regulated erosion and sedimentation in practice. Results of this survey indicated that: there is no standard method of regulation used in Nova Scotia; no pro-active regulations were in effect and; enforcement of Provincial and Federal regulation was done in an adhoc manner. Factors contributing to these deficiencies include: a regulatory system that is not attuned to the development process; a lack of emphasis within the regulatory system on pro-active regulation; and a lack of awareness of erosion and sedimentation as a severe form of pollution.



The recommendation of this thesis is that the residential development process should be regulated through planning legislation. Instituting planning regulation would provide pro-active control and promote awareness of the issue. A coordinated regulatory process would emerge as municipal assessment would identify situations exhibiting, a high potential for pollution. This information could also be forwarded to the Department of Environment/Department of Fisheries and Oceans so that they could monitor and regulate potential hazards. Land use planning should assume a regulatory role over environmental issues associated with the development process as the development of that land use is directly related to the environmental conditions of the site.


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