Conservation Authorities Act

Section 28 Regulations

In order to maintain the vitality of our watersheds and protect peoples’ lives and property from natural hazards such as flooding and erosion, the LTVCA administers the Conservation Authorities Act and O.Reg. 152/06: Lower Thames Valley Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses.

Seeking Public Comment and Feedback:

The LTVCA is currently looking for feedback on new wording for our Operational Guideline that has arisen from concerns from applicants within LTVCA regulated flood prone areas.  If you have any issues and/or comments on the following wording, please contact the office at 519-354-7310 ext. 226 or email Valerie.Towsley@ltvca.ca.   Comments are due back by June 13th, 2019.

Staff have had several inquiries about alternatives for flood proofing requirements for new homes.  The current requirements are as follows:

1)               Minimum openings into the proposed dwelling (ex: door sills, basement window sills, and/or crawl space vents) must be at or above the regulatory flood datum (“RFD”).

2)               The ground surface around the proposed dwelling must be at or above the RFD for a minimum distance of two meters around the structure.

Typically, these requests arise from situations where there is a proposed structure on a vacant lot in-between existing residential homes (an infill lot) and the existing neighbouring homes do not meet current flood proofing requirements (historical builds).  This situation results in the new home and the ground around it being set at a substantially higher elevation than the neighbouring lots.  Concerns arise around lot drainage onto the lower neighbouring properties, particularly where the lot size is constrained.

Currently, staff are advising applicants of the existing requirements and that staff cannot approve anything above and beyond what is noted in our Operational Guidelines.  To mitigate lot drainage concerns, staff recommend that applicants should construct retaining walls and drainage swales between the properties.  Staff also inform the applicant that the applicant has a right to request a hearing before the Executive Committee if they do not agree with the approval conditions.

LTVCA staff reached out to our neighbouring CA’s for guidance on what they require in similar situations.  The following wording below was received and reviewed by staff.  As a result, the following motion was approved by the LTVCA’s Executive Committee on May 25, 2019.  We are now putting this wording out to the public to seek comments and feedback.  If you have any issues and/or comments on the following wording, please contact the office at 519-354-7310 ext. 226 or email Valerie.Towsley@ltvca.ca.   Comments are due back by June 13th, 2019.

Moved that the Executive Committee approve the draft wording (noted below) to be incorporated into the LTVCA’s Operational Guidelines; and

That the draft wording be placed on the LTVCA website for public review and comment; and further

That the draft policy be brought to the next Board of Directors meeting for review and approval.

Draft Wording for Guideline:

There are five options to consider when openings (ex:  basement windows/crawl space vents) into the structure are requested below the minimum flood proofing datum:

1)        The sill elevation of the basement windows are raised to the required minimum flood proofing datum;

2)        A basement window sill can be below the regulatory flood datum provided that there is a permanent poured concrete window well set to the elevation of the required minimum flood proofing datum;

3)        Grouted-in glass blocks (water sealed) are used instead of the window if no window well is provided;

4)        The below flood datum windows are removed from the design; or,

5)        A combination of any of the above four noted options.

Please note, the use of metal window wells is a temporary flood proofing measure and are not usually approved unless the existing grade is well above the required minimum provincial flood proofing elevation.

History of Conservation Authorities Act Regulations

The Conservation Authorities Act was created in 1946 in response to erosion and drought concerns, recognizing that these and other resource initiatives are best managed on a watershed basis.

In 1956, in response to the severe economic and human losses associated with Hurricane Hazel, amendments to the Conservation Authorities Act empowered Conservation Authorities to create regulations to prohibit filling in floodplains. These regulations were broadened in 1960 to prohibit or regulate the placing or dumping of fill in defined areas where the control of flooding, pollution or the conservation of land may be affected.

In 1968, amendments to the Conservation Authorities Act further extended the regulations to prohibit or control construction and alteration to waterways, in addition to filling.

In 1998, the Conservation Authorities Act was amended to ensure that regulations under the Act were consistent across the province and complementary to provincial policies. Revisions were made to Section 28, which led to the replacement of the “Fill, Construction and Alteration to Waterways” Regulation with the current “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” Regulation.

Ontario Regulation 97/04 outlines the content that each Conservation Authority’s “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” Regulation would contain. While some Conservation Authorities had been regulating wetlands, shorelines and inter-connecting channels for years, the amendments required all Conservation Authorities (including the LTVCA) to regulate Great Lakes shorelines, interconnecting channels, inland lakes and wetlands in addition to the areas and features each Conservation Authority historically regulated.

On March 4, 2011, Ontario Regulation 97/04 was amended to streamline the permitting process and to support Conservation Authority compliance with the timelines for decisions on permit applications.

Recently, Bill 139 – Building Better Communities and Conserving Watersheds Act, 2017 – received royal assent which will affect the Conservation Authorities Act and its regulations (including O.Reg. 97/04 and O.Reg. 152/06). The bill is meant to modernize the Conservation Authorities Act including protecting public safety from natural hazards and enhancing Conservation Authorities’ compliance and enforcement capabilities.

Current Regulations – What is Regulated?

Conservation Authorities are empowered to regulate development and activities in or adjacent to river or stream valleys, Great Lakes and inland lakes shorelines, watercourses, hazardous lands, and wetlands. Development taking place on these lands may require permission from the LTVCA to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected.

Development is defined in the Conservation Authorities Act as:

• • The construction, reconstruction, erection, or placing of a building or structure of any kind;
  • Any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure, or increasing the number of dwelling units in the building or structure;
  • Site grading; or,
  • The temporary or permanent placing, dumping, or removal of any material, originating on the site or elsewhere.

The LTVCA also regulates the straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream, watercourse or for changing or interfering in any way with a wetland.

Inquiring about a specific property (legal inquiry, prospective purchasers, realtors, etc.)?

To find out if your property is located within a regulated area (river or stream valley, Great Lakes and inland lake shorelines, hazardous lands, watercourses, and wetlands) or for legal inquiries or property specific information, please contact the LTVCA at planning@ltvca.ca or at 519-354-7310 x226.

Is a Permit Required?

To find out if a development activity you wish to undertake is regulated, please contact the LTVCA at permits@ltvca.ca. LTVCA staff can also provide advice about the permit and approval process and are available for pre-consultation purposes. This consultation will help to determine if you need a permit and the information required (such as plans and studies) which may be needed in order for us to assess your permit application.

What is Required within the Permit Application?

A permit application will be considered as being “complete” if it includes the following information:

1. A detailed site plan providing information on the following:

• • General location of the property in relation to roads and other landmarks.
  • Exact location and dimensions of all existing structures on the property in relation to landmarks.
  • Exact location of any watercourse, shoreline, wetland, or steep slope on or near the subject property in relation to landmarks.
  • Exact location of all proposed work including construction, filling / grading / excavation, wetland interference, or watercourse alteration in relation to landmarks.
  • Exact location of the septic system (if applicable) and any other property utilities, wells, etc. in relation to landmarks.

2. Cross-section of the proposed work showing the existing and final grades and structure openings.

3. All technical studies or other documentation (such as geotechnical reports, environmental impact studies, construction drawings, etc.) that have been identified by the LTVCA as being required during the applicant’s pre-consultation.

4. The applicable permit application fee (see the Permit Application Fee Schedule).

View Other Resource Materials:

Guide for Shoreline Landowners

Brochure – CO Section 28 Brochure 2008

Elgin County Shoreline Management Plan 2015-10-13 (8.6 mb) (pdf)

Plan Review and the Regulations Presentation (6.14 mb) (pdf)

Flooding Presentation (4.19 mb) (pdf)

Historic Flood Photos – Chatham-Kent and Area