Under Ontario Regulation 182/06, the following features on the landscape are regulated:
- River, stream, or lake valleys
- Hazardous lands
- Wetlands and other areas where development could interfere with the hydrologic function of a wetland (called "areas of interference").
Development occurring within river or stream valleys, hazardous lands, wetlands and their areas of interference, and/or an activity that would interfere with a wetland and/or watercourse requires written permission from Kawartha Conservation before activities can proceed.
The approximate extent of regulated areas is identified by a "Regulation Limit." Kawartha Conservation's Regulation Limit mapping is available on-line at www.camaps.ca. It is important to recognize that this Regulation Limit is an approximation that is based on the best available information and that, in case of a conflict, the written description of those areas in the Regulation shall prevail over the Regulation Limit illustrated on the maps.
The following subsections describe each feature listed above and their associated regulation limits, as well as where to find feature-specific policies in the Plan Review and Regulation Policies.
Where a regulated area has more than one feature (e.g., lands susceptible to flooding that are also part of a wetland), policies will be applied jointly, and where applicable, the more restrictive policies will apply.
- River, Stream, or Lake Valley
- Hazardous Lands
- Wetlands and Areas of Interference
River, Stream, or Lake Valley
All river, stream, and lake valleys are regulated. They can be recognized by having either a shallow or deep valley which may or may not contain a watercourse. In the Plan Review and Regulation Policies manual, shallow valleys are referred to as "Not Apparent Valleys," whereas deep valleys are referred to as "Apparent Valleys." The regulated area associated with a river, stream, or lake valley is slightly different, depending on which of these valley types are present. It is important to recognize that river, stream, and lake valleys often contain hazardous lands (e.g., flooding and/or erosion hazards).
The regulated area for valley features includes a 15 metre allowance from either the stable top of slope, floodplain, or meander belt, depending on which type of valley is present and which of these limits extends farthest in-land, on both sides. Figures 1 and 2 provide examples of the regulated area associated with both valley types. It is important to remember that the valley concept also applies to lakes and their shorelines.
Figure 1: Regulated feature – Apparent river, stream or lake valley
Figure 2: Regulated feature – Not apparent river, stream or lake valley
Meander belt refers to the areas within which the sideways movement of the watercourse is expected to occur over time, whereas bankfull width refers to the point at which the channel is full of water just prior to flows overtopping the banks and occupying the floodplain. Note that the regulated area includes the watercourse, it's meander belt, as well as a 15 metre (50 foot) allowance beyond the meander belt OR the floodplain limit, whichever is greater.
|Watercourse with Apparent Valley||Watercourse with Not Apparent Valley|
In addition to the general policies in Section 4.3 of the Plan Review and Regulation Policies, the specific policies that apply to development within River, Stream or Lake Valleys are located in Section 4.4.2.
All watercourses that meet the Conservation Authorities Act definition of a watercourse are regulated. Pursuant to the Conservation Authorities Act, a watercourse is defined as an identifiable depression in the ground in which a flow of water regularly or continuously occurs. Watercourses can exhibit flow all year, seasonally, or just after precipitation events. They include all streams, rivers, and lakes regardless of size. Regulated valleys often contain a watercourse.
In addition to the general policies in Section 4.3 of the Plan Review and Regulation Policies, the specific policies that apply to alterations to Watercourses are located in Section 4.7.2.
All hazardous lands are regulated. Hazardous land is defined by the Conservation Authorities Act as land that could be unsafe for development because of naturally-occurring processes associated with flooding, erosion, dynamic beaches, or unstable soil or bedrock.
A flooding hazard area extends over lands adjacent to a watercourse that would be inundated during a major flood event. Figure 1 provides an example.
Figure 1: Regulated Feature – Flooding Hazard
"Regulatory floodplain" refers to the maximum sideways extent of flooding that would be expected to occur after an extreme rain event, the limits of which are based on the greater of the Timmins Flood Event Standard (a large regional storm that occurred in 1961) or the 100 Year Flood Event Standard.
An erosion hazard area extends over lands adjacent to a watercourse (i.e., a watercourse valley) where soil loss is actively occurring or may potentially occur, and/or where development could create soil or slope stability issues. It addresses erosion of the actual watercourse bank, as well as erosion or slope instability issues related to valley walls. Figure 2 provides an example of an erosion hazard area.
Figure 2: Regulated feature – erosion Hazard
The extent of an erosion hazard differs based on if the valley is considered apparent or not apparent (see Section 2.1 of the Plan Review and Regulation Policies manual). For apparent (deep) valleys, the erosion hazard includes an allowance for toe erosion (100 year) and a long term stable slope. For not apparent (shallow) valleys, the erosion hazard includes the watercourse meander belt (see River, Stream, or Lake Valley section). Note that a 15 metre allowance applied to the landward extent of the erosion hazard is included in the regulated area.
Unstable soils or bedrock hazards are areas that may not be able to safely support structures. Unstable soils include peat and other organic soils that have poor drainage and lack soil structure, making them unable to support a structure because they compress easily. Unstable bedrock includes but is not limited to areas identified as containing Karst formations (limestone rock containing cracks/crevices).
In addition to the general policies in Section 4.3 of the Plan Review and Regulation Policies, the specific policies that apply to Flooding Hazards are located in Section 4.5.2, Erosion Hazards located in Section 4.5.3, and Unstable Soil and Bedrock in Section 4.5.4.
Wetlands and Areas of Interference
All wetlands that meet the Conservation Authorities Act definition of a wetland are regulated. Pursuant to the Conservation Authorities Act, wetland means land that:
- Is seasonally or permanently covered by shallow water or has a water table close to or at its surface
- Directly contributes to the hydrological (i.e., water-related) function of a watershed through connection with a surface watercourse
- Has hydric (i.e., wet) soils, the formation of which has been caused by the presence of abundant water
- Has vegetation dominated by hydrophytic (i.e., water-loving) plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water.
The definition of wetland does not include periodically soaked or wet land that is used for agricultural purposes and no longer has hydric soils and hydrophytic plants characteristic of wetlands.
It is important to note that previously cultivated "buffer" areas around wetlands and small isolated wetlands that are not connected to a surface watercourse do not meet the definition of a wetland under the Conservation Authorities Act.
The regulated area associated with a wetland includes all of the land that meets the above definitions, as well as the area surrounding the wetland where activities may interfere with the hydrologic function of that wetland (i.e., the area of interference; see Figure below).
Figure 1: Regulated Feature - Wetland and its Area of Interference
“Area of interference” refers to lands that are 120 metres (400 feet) from the boundaries of Provincially Significant Wetlands and other wetlands greater than or equal to 2 hectares; or 30 metres (50 feet) from smaller, non-provincially significant wetlands that are less than 2 hectares in size. Note that the regulated area includes the wetland itself, as well as its surrounding area of interference.
In addition to the general policies in Section 4.3 of the Plan Review and Regulation Policies, the specific policies that apply to Wetlands and Areas of Interference are located in Section 4.6.2. of the Manual.