Regional District of Nanaimo Building Permits

The Regional District of Nanaimo asked the Islands trust for some feedback on some proposed bylaw changes that pertain to Mudge Island.

Background

Land Use Bylaws are the jurisdiction of Islands Trust, however building permits and building bylaws are the jurisdiction of Regional District of Nanaimo. The complaints and proposed enforcement that led to the creation of MICA two years ago were complaints about land use violations to the Islands Trust.

The Regional District of Nanaimo (RDN) is considering a significant update to the Building Bylaws (Proposed Bylaw No. 1967, 2026). While the current rules date back to 2010 and make no special allowances for remote islands, this new proposal officially recognizes Mudge Island's unique situation.

The most notable change is a proposed Section 5.2 exemption from mandatory building permits.

• The Change: Because Mudge Island lacks a regularly scheduled vehicle ferry, a building permit would no longer be a legal requirement for construction or changing a building's use.

• The Context: RDN data reveals that since 2010, only three building permits were issued for Mudge, with only one onsite inspection ever occurring. The new bylaw essentially formalizes this long-standing "undocumented practice" where permits were rarely sought or enforced due to logistical constraints.

2. Legal Standards Still Apply (Section 5.1)

It is important to note that a permit exemption is not a "free pass" to build without rules.

• BC Building Code: All construction must still legally conform to the BC Building Code.

• Liability: Property owners remain responsible for ensuring that health, safety, and accessibility standards are met. The RDN is removing the paperwork requirement, but the safety standards remain law.

3. The Voluntary Permit Path (Section 5.3)

If an owner wants official RDN oversight, they can still "opt-in."

• Why would an owner choose this? You can pay the standard fees to have a Building Official review your plans but you will pay all associated costs for any required inspections. This can be a strategic choice for residents looking to provide documentation for future home sales, insurance coverage, or bank financing.

MICA conducted a Survey of the Community to understand the communities perspective and provide that input to the RDN and Islands Trust.

As a result of the survey the following letter was sent to Island Trust trustees

Dear Susan,

Once again, I would like to thank you for asking the Mudge Island Community Association (MICA) for input on the Regional District of Nanaimo’s (RDN) proposal to move to optional building permits for remote Islands. As we had not previously addressed the RDN’s permitting practices specifically with our community, we conducted a formal community survey over this past weekend to ensure our feedback was representative.

We distributed the survey to the island's curated mailing list of approximately 300 owners and residents. We received 154 responses, a turnout consistent with our highest engagement levels. To ensure an informed response, we provided participants with the background information from the RDN meeting that you shared with us.

We asked the following question:

“The proposed Regional District of Nanaimo Bylaw (1967) would change building permits for Mudge Island from mandatory to optional. Given that property owners would then assume full legal responsibility for ensuring their construction meets the BC Building Code without RDN oversight, do you support this change?”

The results were as follows:

87% Support: "Yes, I support formalizing the permit exemption and accepting individual responsibility for Code compliance." 3% Oppose: "No, I prefer a mandatory permit system to ensure a consistent standard of safety and documentation across the island." 10% Undecided: "I need more information on how this affects my insurance and future property resale. "The community’s support for the RDN’s proposal is definitive. We would ask that the Local Trust Committee respond to the consultation request in accordance with these results.We wanted to provide this feedback promptly so it can be discussed at the May 21st LTC meeting. A formal letter will follow shortly for the public record. Additionally, we are hosting a Mudge Island Town Hall on Saturday, May 16th at 10:00 am to further discuss this item, provide updates on the Bylaw Review and inform the community of APC appointments. As always, you and the team are more than welcome to attend. Thank you again for consulting with us; it is greatly appreciated.

Sincerely, Mudge Island Community AssociationMICABC@googlegroups.com