Conservation Authorities Act – Regulation (Section 28)

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On April 1, 2024, a new provincial regulation and updated legislation go into effect, related to the mandatory role of Conservation Authorities in regulating development in or near natural hazards.

The UTRCA regulatory activities protect people and property from natural hazards and support safe development. Staff will continue to review development proposals that affect the watersheds we live in and regulate development in or near flood plains, valleys, and wetlands.

Anyone planning to undertake development activities in or near a regulated area, including flood plains, valley lands, and wetlands, will still be required to apply for a permit.

Permit applications submitted before April 1 will follow the current process. New permit applications submitted on or after April 1 will follow the processes outlined in the updated Section 28 of the Conservation Authorities Act and the new regulation (Ontario Regulation 41/24).

Some examples of development projects that may require a permit include: placing or excavating fill, building a new home or replacing an existing home, constructing home additions, garages and sheds, decks and pools, or landscaping.

The new regulation provides a list of activities or works that will no longer require a UTRCA permit, where works are carried out in accordance with the regulation. We encourage applicants to confirm exceptions with our planning staff before carrying out the work.

The UTRCA is updating regulatory mapping to reflect the new regulated limits and will share the updated screening maps with watershed municipalities. Staff are working with municipal partners to minimize disruptions to the approval process for development applications.

There are no changes to UTRCA planning services at this time. Conservation authorities continue to provide mandatory programs and services related to reviewing and commenting on applications, proposals, and other matters under other Acts and regulations.

Municipalities must continue to circulate planning applications and other matters, including technical reports, to the UTRCA so that we may review and comment on natural hazards and wetland matters.

What activities are regulated?

Property owners must obtain permission from the UTRCA before beginning any of the following activities in a regulated area:

  • constructing, reconstructing, erecting or placing 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,
  • temporarily or permanently placing, dumping or removing 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.

Download the Application for Consent/UTRCA Permit Application Form.

What areas are regulated?

Generally speaking, regulated areas are those areas affected by flood hazards, erosion hazards, wetlands, and the area of interference surrounding wetlands. The UTRCA develops hazard mapping that identifies the location of hazard areas, to support administration of the regulation. These hazards are defined in text within the regulation. In the event of a conflict with the mapping, the text description prevails.

To find out if your property is located within a regulated area or for legal inquiries or property specific information, please contact the UTRCA. Online screening maps are available to show the approximate limits of the UTRCA Regulated Areas. For more information, e-mail regulations staff.

How to apply for a Section 28 Permit

To find out if your property is located in a regulated area (e.g., river or stream valley, hazardous lands, watercourses and wetlands) or if a development activity you wish to undertake is regulated, please contact the UTRCA. UTRCA staff can also provide advice about the permit and approval process and are available for pre-consultation. This pre-consultation will help to determine if you need a permit and what information may be required to assess your permit application.