1. Why do Conservation Authorities administer development regulations?

Effective April 1, 2024, the Rideau Valley Conservation Authority (RVCA) administers Ontario Regulation 41/24 [Prohibited Activities, Exemptions and Permits] (formerly Ontario Regulation 174/06) under Section 28 of the Conservation Authorities Act. All conservation authorities across the province have been given this mandate for the following reasons:

• Minimize the risk to loss of life and property damage as a result of flooding;

• Direct development away from natural hazard prone land (i.e. flood plains, unstable slopes and soils);

• Determine whether or not in the opinion of the Authority, the development proposal will affect the control of flooding, erosion, dynamic beaches, unstable soils and unstable bedrock.

2. Why is this important?

Damage due to flooding is not covered by homeowner insurance and often results in significant public spending for assistance.

Indiscriminate development potentially leads to: higher flood levels and velocities for neighbours both up and downstream, increases erosion to receiving streams due to hardening and/or construction practices adjacent to watercourses, impacts groundwater recharge areas through the filling or destruction of wetlands, reduces storage during floods, decreases base flow in streams in summer and removes or destroys habitat for many aquatic and terrestrial species.  

3. Is the “Prohibited Activities, Exemptions and Permits” regulation a new regulation?

Effective April 1, 2024, a new Minister’s regulation (Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits) replaced the RVCA's existing Ontario Regulation 174/06 under Section 28 of the Conservation Authorities Act. Previously, each Conservation Authority had its own specific regulation under the Act. Moving forward, O. Reg. 41/24 will be used by all Conservation Authorities in an effort to streamline approvals and establish a standardized approach to natural hazard and wetland regulations across the province.

4. What activities are regulated?

The regulation applies to the following activities when taking place on hazard lands such as floodplains, wetlands or steep slopes, or near any watercourse:

• the construction, reconstruction, erection or placing of a building or structure,

• 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,

• the temporary or permanent placing, dumping or removal of any material originating on the site or elsewhere,

• straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse (all watercourses in the watershed),

• changing or interfering with a wetland in any way.

5. What is considered to be development?

Development is defined as the construction, reconstruction, erection of a building or structure; the change to a building or structure which has the effect of altering its use or size; site grading, placing, dumping or removing fill for any purpose.

6. What is a watercourse?

 A watercourse is defined as a defined channel, having a bed and banks or sides, in which a flow of water regularly or continuously occurs. Watercourses that meet the above definition are regulated, regardless of upstream drainage area. 

7. What is a wetland?

 A wetland is defined in the Conservation Authorities Act, as:

1. seasonally or permanently covered by shallow water, or has a water table close to or at its surface;
2. directly contributes to the hydrological function of a watershed through connection with a surface watercourse;
3. has hydric soils, the formation of which has been caused by the presence of abundant water; and,
4. has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water, but does not include periodically soaked or wet land that is used for agricultural purposes and no longer exhibits a wetland characteristic referred to in clause c) or d).

A Provincially Significant Wetland is a Wetland which has been identified by the Province of Ontario (MNR) through the Ontario Wetland Evaluation System as having sufficient social, biological and hydrologic values to score as Provincially Significant.

8. Why are wetlands important?

Just a few of the reasons include:

• Wetlands help prevent flooding by temporarily storing water, allowing it to soak into the ground or evaporate.

• Wetlands are reservoirs for rainwater and runoff that recharges water tables and aquifers.

• Wetlands help to protect water quality by acting as "natural filters." They remove toxins, sediment and other impurities.

• Wetlands provide habitat for a wide variety of birds, amphibians, plants and animals. Some wetland inhabitants are rare or uncommon species.

9. What is a floodplain?

A floodplain is the area adjacent to a watercourse where flooding naturally occurs. In the Rideau Watershed the “regulated or regional storm” floodplain is defined by the 1:100 year flood - the minimum standard used in the Province. The 1:100 year flood is the combination of rainfall and snowmelt which will generate, at a specified point on a watercourse, a flow rate which has a one percent chance of being equaled or exceeded in any one year period (the 1:100 year flood).

10. What is a 1:100 year flood?

A 1:100 year flood is the rainfall or snowmelt, or a combination of rainfall and snowmelt producing at any location in a river, creek, stream or watercourse, a peak flow that has a probability of occurrence of one percent during any given year.

11. What types of lands are affected by the development regulation within the Rideau Valley?

• Flood plains, ravines, valleys, and steep slopes

• Wetland areas evaluated by MNR meeting the definition in the wetlands definition above; including swamps, marshes, bogs and fens

• All lakeshores, rivers, creeks, streams, drains and watercourses within the Rideau Valley Watershed

12. What happens if my property is in a regulated area?

If your property is located in a regulated area, you may need written permission from the Rideau Valley Conservation Authority to undertake any development in the floodplain or on hazard land, or to make any “alteration” to a watercourse or “interfere” with a wetland or lands adjacent thereto.

Under the regulation, development proposals within the regulated area must be reviewed and approved by the RVCA. A permit must be issued by the Authority. The review process ensures that the development will not create a risk to public safety from flooding or erosion hazards.

If you are planning any shoreline, near shore work, filling or dredging in or adjacent to a watercourse or within or near a wetland (i.e.: boathouses, docks, access points, erosion protection) your project is likely subject to the Regulation and you must contact our office for information prior to starting any work.

Conservation Authority approval is also required prior to receiving a municipal building permit (the “other applicable law” provisions of the Ontario Building Code).

13. How do you find out and receive information on whether or not you need approval for your project?

Most of the lands regulated by the Conservation Authority have been mapped in detail. The Regulation Limit mapping, which shows the Authority's Regulated Areas, is available at our office and online. You can request a General Propery Inquiry or you can also review mapping online through the Map A Property tool. Hazards may also be mapped in municipal Official Plans and in zoning by-laws; information on the map schedules to these documents usually comes from the Conservation Authority.

Check before you commence work.

If you live close to a stream, river, lake, watercourse of any kind, a wetland or are on the waterfront of the Rideau River, its tributaries or the Ottawa River, and you wish to determine if your property is affected by Ontario Regulation 41/24 or other RVCA programs, please contact the Conservation Authority. Be prepared with a legal description of your property (e.g. municipal address, lot and concession lines, plan or block number) and a location map. If you want written confirmation and a detailed review of how your property is affected by our regulation, we can also provide a Property File Search (fee applies).

14. How do I apply for permission?

1. Calling the RVCA while you are in the early stages of planning your project may save you time and keep your schedule on track.  Your first point of contact to determine if you require Conservation Authority approval is through our Resource Specialists at 613-692-3571 || 1-800-267-3504 (extension 1132 or 1193) who can provide you with the preliminary information you will require to submit an application.
2. Download a Permit Application Form – print and fill out this form. You may also contact the a Resource Specialist for paper copy or visit our office to pick up a copy.
3. Refer to the Application Fee Schedule to determine the category of works and the application type. Please forward your permit application form and other required information including plans drawn to scale, a survey, elevation information, etc. (see Minimum Application Requirements).  The application fee is paid at the time of filing the application with the RVCA.

Click here for a full list of forms, fees and resources. 

15. Can I receive something in writing regarding site constraints so that my future development plans can take this into account?

To assist owners and potential buyers, the RVCA provides a Property File Search. A nominal fee applies. Current owners, potential buyers, or lawyers and real estate agents acting on behalf of their clients may request information about a particular property. The RVCA will provide a letter outlining the Authority’s regulatory jurisdiction over the property and if there are any known violations on the property. 

16. Who decides if a letter of permission/approval (permit) is to be granted?

Applications which meet the Conservation Authority’s Development Policies can be approved at a staff level. The local policy document has been approved by the Conservation Authority’s Board of Directors for staff approvals. The Board of Directors is the elected body responsible for the day to day running of the Conservation Authority. Authority members are representatives appointed by municipalities throughout the watershed (they may be municipal councilors or citizens appointed by Council).

17. What if my application does not meet the policies?

Staff may only approve applications which meet the RVCA Development Policies. The majority of applicants obtain approval for what they applied for or a negotiated variation thereon.

Where applications do not meet the approved policy an applicant will be provided with reasons in writing as to why a staff approval is not possible. If no middle ground can be found within the framework of the approved policies then a hearing of the application can be scheduled with the Executive Committee of the RVCA. Written notice of the hearing date and location will be provided.

Testimony before the Executive Committee is given under oath or affirmation, pursuant to Ontario’s Statutory Powers Procedure Act. Both Authority staff and the applicant present evidence to the Committee. Every effort is made to conduct the hearing in as informal but orderly manner as possible so that all of the facts presented are considered and a fair decision can be made. Applicants are invited to bring any technical or legal counsel with them to support their application. The Committee has no prior knowledge of the particulars of an application prior to commencement of the hearing. Their decision is based on the facts presented to them at the hearing.

Generally, the Executive Committee will only grant permission if it is satisfied that the proposed work will have no undesirable effects on the control of flooding, pollution or the conservation of land. Where permission cannot be granted written reasons are provided.

18. If applicants are denied permission by the Executvie Commitee, what recourse do they have?

Where an applicant has been refused permission they may appeal the decision to the Minister of Natural Resources and Forestry for Ontario or the Ontario Lands Tribunal. Effective April 1, 2024, the Minister can review and vary the refusal or conditions of a permit, or order the CA to not issue a permit and issue a permit in their stead. The decision of the Minister is final. 

19. What if I proceed without the necessary permission (commonly referred to as build first and ask forgiveness later)?

The Authority monitors development activities throughout the watershed. Monitoring techniques include aerial, land, and water-based surveys. Complaints are also received from the community and from other concerned parties.

Effective April 1, 2024, penalties which may be imposed for individual contraventions of the Regulation include fines of up to $50,000.00 per offence, imprisonment of not more than 3 months, and an additional fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues. Corporations are liable for fines of up to $1,000,000 per offence and an additional fine of not more than $200,000 for each day or part of a day on which the offence occurs or continues.

20. Are other efforts being made to reduce the risk of development within floodplains, nearshore areas and hazard lands?

Yes. The Authority participates actively in the municipal planning process and makes recommendations to local decision makers respecting conformity to provincial policies and the effects of their decisions respecting land use, development and drainage.

The authority participates directly in the provincial Flood Forecasting and Warning System to provide advanced local warning of flood conditions to existing floodplain residents and to municipal officials responsible for coordinating flood contingency plans.

The Conservation Authority also operates an information and education program for the benefit of property owners, prospective purchasers and individual and firms engaged in the land development business and realtors. 

21. Does the Conservation Authority issue approval for septic systems?

Septic systems require approval under Part 8 of the Ontario Building Code and so are subject to the “other applicable law” provisions of the Building Code Act. The Mississippi Valley and Rideau Valley Conservation Authorities administer Part 8 (Sewage systems approvals) of the Ontario Building Code on behalf of several watershed municipalities (Beckwith, Carleton Place, Lanark Highlands, Mississippi Mills, North Grenville, Ottawa, Smiths Falls, Tay Valley and Westport). This means your local conservation authority is responsible for reviewing septic designs and plans, issuing Building Permits for new and replacement sewage systems, and inspecting installations to ensure compliance with provincial regulations. 

Regardless of who approves the septic system, from a hazard management perspective the Conservation Authority’s primary concern is the setback from water and the location relative to the hazard (floodplain, slope or unstable soil). The volume of fill is an associated concern. Typically, fill for a septic system is approved based on maximizing setbacks from water and minimal fill placement within the development area.

In areas affected by the Authority’s development regulations, permission must be obtained from the Conservation Authority in addition and prior to issuance of the municipal building permit. In these cases, every effort is made to provide the applicant with the additional information upfront and to process the applications concurrently. 

22. How does the Conservation Authority review applicatons for erosion protection on residential properties?

All applications are reviewed against the approved Development Policies. Staff will undertake a site visit of the property to determine the existing site conditions and the extent of the proposed works. The intent of the policies and any subsequent approval is to promote the naturalizing of the shoreline and near shore areas of our rivers and creeks by limiting the hardening and sterilizing of shoreline areas. The planting of vegetated riparian buffers of dense, deep rooted, woody vegetation is a preferred approach in conjunction with any watercourse alteration project (website reference). Financial grants may be available for replanting shoreline areas.