Draft Development Policies (Section 28)

Draft Development Policies (Section 28) - Public Consultation

Background:

On April 1, 2024, the Government of Ontario replaced individual Conservation Authority Regulations under Section 28 of the Conservation Authorities Act, with Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. The goal of this legislative change was to streamline approvals and establish a standardized approach to the regulation of natural hazards, wetlands, watercourses and shorelines across Ontario.

The RVCA has updated its development policies to comply with the new regulation and be more user-friendly by:

Improving transparency of the permit process.
Consolidating all applicable policies into one document.
Maintaining a consistent standard for review and thresholds for approvals.
Enhancing the functionality of the document as a reference tool and technical guide.
Increasing responsiveness of the document by annual updating to address emerging trends, legislative changes, and innovations in natural hazard protection.

The RVCA’s Draft Development Activity Policies and Procedures: Policies and Procedures for Development Activity permit applications made under Section 28.1 of the Conservation Authorities Act is now available for public consultation.

Summary of Changes
Public Consultation

Summary of Changes
Public Consultation

Summary of Changes

Summary of changes:

Below is a summary table highlighting where new policies have been added, existing policies have been modified, and where policies have been removed. This list is not exhaustive but captures substantive changes.

Topic	Existing Policies	New Policies	Effect
Watercourse Setbacks	Requires 30 metres from any watercourse	Removed	Policies are focused on natural hazard mandate.
Pollution and Conservation of Land	Required pollution and/or conservation of land to be considered as part of permit review.	Removed	Pollution and conservation of land were removed from the Act.
Ecological Function	Was a policy consideration.	Removed	Policies are focused on natural hazard mandate.
Additions to Existing Dwellings	Allows 20% up to 20m², or 50% up to 50m² subject to site and design criteria.	Allows 20m² or 50m² based on safe access availability.	Simplifies standard, slightly more permissive, particularly for existing small dwellings.
Roofline Overhangs	Allows 10% overhang, typically only allowed for eavestroughs and doorway awnings.	Allows up to cumulative total of 20m².	Will allow for small unenclosed covered decks or carports.
Safe Access	Allows maximum 0.3 m depth.	Allows safe access based on depth and velocity.	More permissive. Expected to provide more flexibility within the upper watershed.
Areas of Reduced Flood Risk	Allowed for increased development within specific built-up areas within the City of Ottawa where flood protection works were present	Changed name to Area Specific Flooding Hazard Policies and consolidated with other sections. Removed Kingsview Park as applicable area in line with City of Ottawa changes.	Policies ultimately are more aligned with direction related to natural hazards. Removed language contingent on municipal planning.
Placement of Fill	Allowed for minor placement of fill and balanced cut and fill	Limits minor placement of fill to 15 m³. Refines balanced cut and fill policies by establishing technical guidelines. Expands fill placement to support private sewage systems and floodproofing	Policies generally more permissive, however, improves clarity related to current implementation.
Meander Belts	No previous policies	New Erosion Hazard Policies for Meander Belts for Unconfined Valley Systems.	Modernizes policies to include natural hazard type included in Act
Dynamic Beaches	No previous policies	Added policies that will properly apply based on the type of regulated hazards for Petrie Island.	Modernizes policies to include natural hazard type included in Act
Shoreline Protection	Policies were specific to riverfront shorelines	Policies expanded to clarify current implementation, specifically related to beaches, hardscaping. Language expanded to include lake shorelines.	Policies generally the same with how permits have been conducted
Sensitive Marine Clay	No previous policies	Added policies to require hazard to be assessed.	Policies generally promote protecting hazard, will be subject to technical guidance under development.
Bedrock Hazards	No previous polices	Added policies related to bedrock hazards, specifically karst formations	Modernizes policies to include natural hazard type included in Act
Watercourse interference	Was based primarily Hydrotechnical analysis	Policies expanded to include agricultural enclosures, and design requirements for crossings, channelization, realignment, dredging	Slightly more permissive, and provides additional clarity on activity specific requirements
Boat Houses, Boat Ports and Docks	Not permitted on river systems	Allows boat houses with restrictions to limit potential risks.	More permissive, aligns with municipal and federal partners.
Swimming Pools	All pools directed 30 meters back from watercourses Limited location in floodplains	Above ground pools shall be restricted from floodplains and erosion hazards. In-ground pools allowed subject to appropriate design. Setbacks removed.	Policies generally more permissive and focuses on natural hazard.
Wetlands	Only Provincially Significant Wetlands (PSWs) and those in municipal Official Plans / zoning regulated Allowed development between 30 and 120 metres Further limited within 30 meters.	Consultation on updated mapping paused.	Consultation on updated mapping paused.

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