Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation

New regulations concerning developments around waterways are now in effect. To review the “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation” please select the link (right), call the Lakehead Region Conservation Authority 344-5857 or visit our office at 130 Conservation Road in Thunder Bay.

Ontario Regulation 180/06, under O. Reg. 97/04, established under the Conservation Authorities Act (RSO 1980) and administered by the Lakehead Region Conservation Authority (LRCA), may affect you if your land is in a regulated area. Your land may be regulated if it meets one of the following criteria:

  • THERE IS A WATERCOURSE, LAKE SHORELINE or PROVINCIALLY SIGNIFICANT WETLAND ON YOUR PROPERTY
  • YOUR PROPERTY BACKS ONTO A RIVER VALLEY OR RAVINE
  • ALL OR PART OF YUR PROPERTY IS ZONED "HAZARD LAND" OR "USE LIMITATION."

Ontario Regulation 180/06 may prohibit the placement of fill within a regulated area, the construction and renovation of structures within a floodplain (land situated on either side of a watercourse which is subject to overflow flooding) and the alteration of a watercourse, shoreline or wetland. The intent of the regulation is to prevent the loss of life or property damage from the hazards of flooding and erosion.

Construction Near River
NEW!

NEW Fill Permit Application Form (Acrobat pdf - 186Kb)

View the full NEW Regulations and Schedules

Learn More About The New Regulations (Acrobat pdf - 1Mb)

Why is the Regulation Necessary?

For centuries we have developed our cities and villages in floodplains adjacent to watercourses. Rivers are attractive areas for development because they are a means of transportation, may be harnessed for energy and are a source of food. Our indiscriminate use of watercourses' natural living space is the root of our flooding and erosion problems.

House Surrounded by Flood Waters Unrestricted development within a floodplain can result in flood damage to buildings and threaten public safety. Development can also affect neighbouring properties both upstream and downstream by changing the physical characteristics of the floodplain and the watercourse. Fill placed on a valley slope can aggravate existing erosion problems or create new ones.

The Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation was enacted to prevent the above problems from occurring. The regulation protects the mutual needs of the watercourse and landowners adjacent to it. By complying with the Regulation, landowners will protect themselves by reducing the risk of property damage, personal injury and the loss of life.

What types of construction activity are regulated?

Ontario Regulation 180/06 - The Development, Interference with Wetlands and Alterations to Shorelines and Watercourses restricts the following:

  • THE PLACEMENT OF FILL MATERIAL OF ANY KIND IN ANY HAZARDOUS AREA OF THE WATERSHED OVER WHICH THE AUTHORITY HAS JURISDICTION;
  • THE CONSTRUCTION OF ANY BUILDING OR STRUCTURE IN THE FLOODPLAIN OF A WATERCOURSE OR ON ANY TYPE OF WETLAND IN THE WATERSHED; AND
  • THE STRAIGHTENING, CHANGING, DIVERTING, OR INTERFERING OF THE EXISTING CHANNEL OR WATERCOURSE, SHORELINE OR WETLAND.
If your property is regulated, you will need a permit to do the following:
  • PLACE OR REMOVE FILL
  • UNDERTAKE NEW CONSTRUCTION OF ANY TYPE
  • RENOVATE OR ADD TO AN EXISTING BUILDING
  • DIVERT, DAM, WIDEN, DEEPEN OR IN ANY WAY ALTER A WATERCOURSE (including culvert, boat launch and bridge installations)
All developments within a regulated area must be approved by the Conservation Authority, no matter how small the project. If your property is regulated, you must apply for a permit from the Conservation Authority.

NOTE: This permit is needed in addition to health unit and building permits or other authorization in regulated areas.

Is there a fee for this service?

The Authority charges a fee for applications requiring a formal permit under the Regulation. The fee is determined by the type of work to be undertaken. A penalty fee is levied for applications considered after the work has proceeded. A complete fee schedule is available at the Authority office. In addition, solicitors requesting property status letters are charged a $75 fee.

How can you find out if your property is regulated?

If you live close to a watercourse of any kind you should contact the LRCA Office. The Authority will be able to tell you if your property is affected by Ontario Regulation 180/06 - The Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. Maps of regulated areas are on file at the LRCA office and with municipal governments and building inspectors.

View map of LRCA's Area of Jurisdiction.

How to apply for a permit

If your property is affected by Regulation 180/06 - The Development, Interference with Wetlands and Alterations to Shorelines and Watercourses contact the LRCA Office and supply them with the required information and plans regarding proposed work on your property. It is advisable to discuss proposals with Conservation Authority staff before applications are submitted. The Fill Enforcement Officer may undertake a site examination of the area. The application will then be presented to the Conservation Authority members for their decision.

DOWNLOAD a permit application by right-clicking and using the "Save link as..." feature to save a copy of the Acrobat file below; then open the file in Acrobat Reader and use it to print both pages onto letter-sized paper.

FILL PERMIT APPLICATION FORM (Acrobat pdf - 33K)
Regulation 180/06 is for the protection of the landowner, downstream neighbours and the various watersheds themselves. Attempting construction in a floodplain or other regulated area without a permit may result in prosecution under the Conservation Authorities Act.

The Regulated Floodplain Area

There may be a difference between the floodplain of a watercourse and the regulated floodplain area. The floodplain is the nearly level land adjacent to the watercourse that is subject to overflow flooding. The regulated floodplain area is defined as the area adjacent to a watercourse which would be flooded during a regional storm or as the highest observed flood level in some cases.

Part of a fill line map (illustrated at right) has been coloured to indicate the difference in area of the normal floodplain (blue) and the regulated floodplain (yellow).

Sample of Floodplain Map
Perspective Sketch of Regulated Floodplain Area The cross-section (at left) demonstrates how the floodplain (shown in light blue) is usually thought of as the low land near a watercourse. However, the LRCA uses the regional storm to define the regulated area (shown as yellow). A much broader area is considered to be at risk in the event of such a large storm.

Past development in the floodplain has created problems with flooding and erosion. It has also placed property and people in danger. The Regulations are designed to prevent this from occurring.

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Lakehead Region Conservation Authority
P.O. Box 10427; 130 Conservation Rd.
Thunder Bay, ON  P7B 6T8 (Canada)
Telephone:(807) 344-5857  Fax:(807) 345-9156