Before the Flood: Conservation Authorities' Vital Role in Land Use Planning
Background
Conservation authorities are involved in many aspects of land use planning in Ontario. For example, some conservation authorities provide technical and policy advice to municipalities on water quality, environmental impacts, watershed science, hydrogeology and stormwater management. Conservation authorities are also involved as watershed management agencies under the Conservation Authorities Act, as public bodies under the Planning Act, as source protection authorities under the Clean Water Act, 2006 and as landowners. Land developers often view conservation authorities as obstacles in the planning approval and permitting process, slowing down or stalling the pace of development. There is often confusion about the areas of land use planning in which conservation authorities should be involved.
Each conservation authority in Ontario is empowered by its own regulation under section 28 of the Conservation Authorities Act that allows it to issue permits to regulate development and activities in or adjacent to certain areas. These areas include river or stream valleys, the shorelines of the Great Lakes and large inland lakes, watercourses, wetlands and hazardous lands (i.e., lands that could be unsafe for development because of naturally occurring processes associated with flooding, erosion, dynamic beaches or unstable soil or bedrock). Typical activities and/or infrastructure that may require a permit include the construction or reconstruction of buildings, dredging of water bodies, temporary or permanent placement of fill, municipal drains, and stormwater management facilities.
Permission from the conservation authority is required to confirm that the proposed development or activity does not affect the control of flooding, erosion, dynamic beaches, pollution or the conservation of land. Conservation authorities also regulate the straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse, or for changing or interfering in any way with a wetland.
In the past, both conservation authorities and MNR independently reviewed and provided input to municipalities and the Ministry of Municipal Affairs and Housing (MMAH) on natural hazard lands. In 1995, to reduce duplication and overlap, MNR delegated sole responsibility for commenting on development proposals in natural hazard areas to the conservation authorities. Under the delegation agreement:
- MNR is responsible for developing flood, erosion and hazard land management policies, programs and standards;
- MMAH co-ordinates provincial input, review and approval of municipal policy documents, and development proposals and appeals to the Ontario Municipal Board (OMB); and
- Conservation authorities review municipal land use planning policy documents and applications made under the Planning Act (e.g., development applications) to ensure consistency with the natural hazard policies of the Provincial Policy Statement, 2005.
Land Use Plan Review and Permitting Policy
The Conservation Authority Policy is a new chapter in MNR’s Conservation Authorities Policy and Procedures Manual. Overall, the Conservation Authority Policy reflects and supports the current roles, functions and responsibilities of conservation authorities in land use permitting and plan review activities. The majority of the direction provided clarifies how conservation authorities are involved in these processes. However, the document also contains a few new administrative procedures that may initially increase the workload of conservation authority staff (e.g., pre-consultation, confirmation of complete application requirements for permits, and timelines to complete application reviews and appeal processes).
While not required, conservation authorities are encouraged by MNR to: develop conservation authority board-approved policies, procedures and guidelines for their activities in land use planning and for their section 28 permitting; undertake public consultation on these policies; and make them publicly accessible. While some conservation authorities have previously developed such policies, many have not. Furthermore, they may need to amend existing policies, procedures and guidelines to bring them in line with MNR’s Conservation Authority Policy.
The Conservation Authority Policy also encourages conservation authorities to develop watershed and subwatershed plans. The policy states that municipalities can use the information in these plans during the creation and update of official plans and by-laws and during their review of development applications. The policy further states that conservation authorities should ask municipalities to identify natural hazard lands in their official plans and by-laws. This would enable municipalities to direct development away from natural hazard lands.
Where a conservation authority provides technical services to a municipality, the Conservation Authority Policy suggests that the parties establish a formal technical service agreement. This agreement should establish the role a conservation authority will play in various situations, such as during pre-consultation and at OMB hearings.
ECO Comment
Conservation authorities play a significant and valuable land use planning role in Ontario. They ensure that houses are not built on floodplains and that wetlands are not filled in for development. They also act as important local environmental advocates, as watershed management agencies, as source protection authorities and, in some cases, as municipal technical advisors on local natural heritage features and systems. While the Conservation Authority Policy formally confirms what some conservation authorities have been doing for years, it also adds a few new requirements. The ECO is pleased with MNR’s Conservation Authority Policy as it clearly defines the numerous roles and responsibilities of conservation authorities in land use planning and should increase efficiency and consistency among them.
These are challenging times for land use planning in Ontario. Municipalities must adapt to the impacts of climate change (e.g., more frequent and powerful storm events may increase flooding events) and balance environmental protection with growth and development pressures. Among other negative effects, development can significantly change the hydrology of a watershed, leading to flooding, erosion, and water quality and aquatic habitat concerns. During the last 10 to 15 years, stormwater management facilities, which may require a conservation authority permit, have become popular in Ontario to mitigate these impacts from development. Therefore, it will be increasingly important for conservation authorities to be active participants in land use plan review and permitting activities, particularly given their original role in floodplain management.
Generally speaking, flooding is the most significant natural hazard in Ontario. Floodplain maps are important in flood prevention, and conservation authorities and municipalities rely on these maps to direct development away from flood prone areas. Ontario’s Expert Panel on Climate Change Adaptation and Conservation Ontario (the association of conservation authorities) have both stated that floodplain maps in Ontario are out of date and should be reviewed and updated. In addition, the ECO has previously expressed concern that inadequate funding for flood control and prevention measures has created a situation where, due to climate change, Ontario is now vulnerable to significant flooding events. The ECO encourages MNR to continue to support conservation authorities in their plan review and permitting activities and to ensure that conservation authorities are adequately funded so that future development is directed away from natural hazard areas.
| Recommendation 8:
The ECO recommends that MNR, in association with Conservation Ontario, review and update floodplain maps in Ontario in order to adapt them to impacts from climate change. |
For a more detailed review of this decision, please refer to Section 4.12 of the Supplement to this Annual Report. For ministry comments, please see Appendix C.
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| This is an article from the 2010/11 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2011. "Before the Flood: Conservation Authorities' Vital Role in Land Use Planning." Engaging Solutions, ECO Annual Report, 2010/11. Toronto: The Queen's Printer for Ontario. 73-75.
