If your property is located within a regulated area, you will need to obtain a permit from the Conservation Authority as a requirement to securing your building permit from your municipality.

Working Around Water?

Understanding the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation

Ontario's Conservation Authorities are responsible for the administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 167/06) under Section 28 of the Conservation Authorities Act. The regulation is designed to protect life and property from natural hazards such as flooding, erosion and pollution.

Throughout the watershed, lands located along features such as streams, rivers and lakes, lands with steep or unstable slopes, and wetland areas have been identified as regulated areas by Otonabee Conservation. Special attention is required when considering development within a regulated area to prevent flood and erosion damage, prevent pollution of local water resources, protect the natural functions of wetlands and ensure safe access to and from development.

If you are proposing development within a regulated area, Otonabee Conservation staff will guide you through the permitting process of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation
(Ontario Regulation 167/06).

The Floodplain is a Regulated Area

Floods are natural events and occur when the volume and flow of water exceeds the natural capacity of the waterway to contain the water. The land which may flood under such conditions is known as the floodplain. The risks of living in the floodplain include flooding, erosion, property damage, threat to personal safety, and pollution of water. Special attention is required when considering development within the floodplain and other regulated areas. Under current Provincial policy, new residential development is not permitted within floodplain areas.

Before you Begin - Call Otonabee Conservation first

Call Otonabee Conservation before you proceed with any proposed development work located around or near water. The call may save you time and money and
avoid unnecesary delays.

DEVELOPMENT

The placement of fill and alteration (raising/lowering) of existing grades within a regulated area requires a permit. Fill, such as sand, gravel or topsoil, either brought onto the site or moved within the property boundaries, is subject to the Regulation and requires a permit. The placement of fill, or the conservation of land, must not negatively affect the flood storage function within the regulated area, including upstream, downstream and cumulative impacts.

Construction and exterior and/or interior renovation activities on property located within a regulated area may require a permit. Personal and public safety, safe access to structures, protection from flooding as well as the prevention of erosion and property damage are concerns to be addressed when applying for a permit.

INTERFERENCE WITH WETLANDS

Wetlands protect our drinking water supply, function as water storage and recharge areas and protect valuable natural habitat.

Development activity in a provincially significant wetland is strictly prohibited. Development proposals affecting all other wetlands and adjacent lands will be considered through the permit application process.

ALTERATIONS TO SHORELINES AND WATERCOURSES

Under Ontario Regulation 167/06 a permit is required for works affecting any channel (lake, river, creek, pond connected to a watercourse, wetland) which carries water from one area to a receiving waterway. Alteration may include installing a culvert, cleaning out or straightening of the channel and diversion of flows. The proposed work must not result in increased flooding, erosion, sedimentation or contamination of the water resource or have an adverse impact on the resource, either upstream, downstream nor any cumulative impacts.

Obtaining Approvals - Information Requirements

When applying for a permit under the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation, you will be asked to provide specific information about your proposed work. This information will form the basis of the approval, therefore, always be sure to include the following information in your application to avoid delays:

Property owner's name, mailing address, telephone number.
If the applicant is an agent acting on behalf of the property owner, Otonabee Conservation requires written confirmation that the applicant is acting in this capacity. The Permit is issued to the Owner of the property.
Applicant name, mailing address, municipal address, telephone number(s)
A map/sketch to your location including Lot/Concession/Ward/Township, and location of proposed work
A dated site map, survey plan or detailed sketch indicating location of buildings, property lines, grade elevation above current water level and watercourse/lake/wetland location on or near the property
A detailed description, intended location and dimensions of proposed fill, construction or watercourse alteration
A cross-section of the proposed work showing existing grade and final grade and any building openings

Once your application, and processing fee, have been received, the Regulations Officer will begin the review, which may include a visit to your property.

Failure to obtain a permit prior to undertaking development, interfering with a wetland or altering a shoreline or watercoure within a scheduled area is a violation of the Conservation Authorities Act. The violation carries a fine up to $10,000. You may also be required to restore and rehabilitate the disturbed area or remove the illegal structure.

Other Permits you may Require...

Before you build be sure to contact your municipal Building Inspector. If you are located within a regulated area you will require a permit from Otonabee Conservation in order to receive your municipal building permit.

Municipalities are responsible for protecting residents from natural hazards in accordance with the Planning Act policies. Under certain instances, offical plan or zoning bylaw amendments may be required.

Otonabee Conservation has an agreement with the Ontario Ministry of Natural Resources to review permit applications under the Lakes and Rivers Improvement Act.

Depending on the location and the type of work proposed, you may be required to obtain a permit from one or more of the following agencies:

Trent-Severn Waterway 705-742-9644
Ministry of Natural Resources 705-755-2001
Peterborough County-City Health Unit 705-743-1000
Ministry of the Environment 705-755-4300

A Word About Fish Habitat...

Otonabee Conservation works in partnership with Fisheries and Oceans Canada (DFO) to ensure the protection of fish habitat in the watershed region (Section 35 of the Fisheries Act). When reviewing your permit application, Otonabee Conservation staff will consider the effect your proposed work may have on fish habitat and provide advice on minimizing any impacts. Where impacts on fish or fish habitat cannot be mitigated, Otonabee Conservation is required to forward your file to DFO for consideration.