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HomeMy WebLinkAboutPD-33-93 Ike COR°TIO F 1 1°Oi~/ F' tV~ICAST'L DN: WETLANDS.GPA _ ~ Meeting: General Purpose and Administration Committee Fiie ~-~t~ c 1~ ~ ~-~~ Gate: Monday, February 15, 1993 ~e~° ~ ~ ~ Sy-Law Report gC-3Q? ~iie : pLN ~ Z3 Subject: PROVINCIAL POLICY STATEMENT ON WETLANDS PLN 17.3 occarnrr~ec~at[ I is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-33-93 be received for information; 2. THAT a copy of PD-33-93 be forwarded to the St. Marys Cement Company, Port Darlington Community Association and Waterfront Regeneration Trust for information. 1. HACRGROUND 1.1 This report is prepared in response to two previous resolutions by Council: i) On February 10, 1992, Council reconsidered a previous resolution of January 27, 1992 with respect to municipal comments on the Draft Provincial Policy Statement on Wetlands and referred Report PD-34-92 (Attachment #1) back to staff for preparation of a report. Reconsideration of the resolution stems from a concern that Council's resolution to protect the Westside Creek Marsh from extraction may possibly conflict with a previous Resolution of 1988 to allow St. Marys Cement to increase rate of extraction. ii) On July 13, 1992, Council received notice of Cabinet approval of the Provincial Policy Statement on Wetlands (Attachment #2). Council referred the correspondence to the Director of Planning and Development for the preparation of a report highlighting the changes between the draft and approved policy statement. ~,~P N~ ~ rairneo ~....ecvc~o vnren 1 REPORT NO.: PD-17-93 PAGE 2 2. A SUMMARY OF CHANGES TO THE WETLANDS POLICY STATEMENT 2.1 The basis of the approved Policy Statement on Wetlands remains the same as in the draft policy statement presented in PD-34-92. The goal is to ensure that wetlands are identified and adequately protected through the land use planning process. Specifically, the document attempts to prevent the loss of Provincially Significant Wetlands, (CLASS I, II, III). Wetlands are recognized as significant natural features related to control and storage of surface water,. recharge and discharge of ground water, maintenance and improvement of water quality support, initiate complex food chains, provide important habitat to a wide variety of plant and animal species, act as a contaminant filters and provide substantial economic, social and recreation benefits. 2.2 There are four policies in the document as follows: i) General Policies ii) The Great Lakes-St. Lawrence Region iii) The .Boreal Region _iv) ....Utilities and... Facilities......... For the purpose of the report only those sections pertinent to the Town of Newcastle are discussed. A chart, forms Attachment #3 to this report, highlights the differences between the draft and approved document. . 2.3 The approved Policy Statement is brief and more concise than the previous draft presented in January 1992. A number of definitions remain in the Policy Statement to assist in the understanding of the policies, however, a number of the more ambiguous definitions such. as "compatible land uses" have been eliminated, thus clarifying the Policy Statement. The approved Policy Statement is strengthened by clear requirements for the protection of wetlands. As before, lands adjacent to wetlands (within 120 metres or lands r~nnart~ wail an~l~ i n a ~,,~at.l anr] r~pl E?xl arQ ~uY»Pr_t to a 1 essor level of protection. ~ ~ REPORT NO.: PD-33-93 PAGE 3 The most significant changes are as follows: • All planning jurisdictions shall protect wetlands, not just required to "consider the implications of their actions"; • Official Plans, Zoning By-laws and other development decisions must recognize Provincially Significant Wetlands (new policy); • municipalities are encouraged to protect other wetlands (new policy); • no development shall be permitted within Provincially Significant Wetlands whereas previously compatible land uses or development could be permitted provided an environmental impact study (EIS) was carried out and approved; and • agricultural land uses are permitted in adjacent lands without an environmental impact study (new policy). 2.4 The Implementation Guidelines for the Wetlands Policy Statement were released in December 1992. This document will assist Staff in creation. of policies through the Official Plan Review process. The Guidelines define several options for dealing with Provincially Significant Wetlands and adjacent lands within, the Official Plan. There are three policy options available in creating Official Plan Policies. i) No Development Approach - Provincially Significant Wetlands and adjacent lands are placed in non-development designation. ii) Possible Development Approaches - • Wetland designation with use of flexible interpretation. Provincially Significant Wetlands and adjacent lands are placed in a non-development designation however, a Zoning n.~_1~~,~ n,~cn+ r•an hr~ r.~nai~arPd fnr ac~jacr?nt- land ~j provided it is supported by EIS 1 REPORT NO.: PD-33-93 PAGE 4 • overlay approach - is similar to the above however, development can proceed if EIS shows overlay can be removed iii) Comprehensive Approach -Provincially Significant Wetlands are placed in non-development designation, and adjacent lands can be designated to permit development if supported by EIS subject to defined policies. 2.5 The implications of the Provincial Policy Statement to the Town are as follows: i) The Town. must implement land use policies to protect McLaughlin Bay and the Black/Farewell Creek wetland complex. The Westside Creek Marsh is subject to special consideration outlined in (v) below. ii) The approved Policy Statement also encourages the protection of Regional and Locally Significant Wetlands (Classes 4 to 7). Staff note that there are nine (9) such wetlands in the Town of Newcastle. The Town will need to decide what actions it will take on these wetlands. iii) Municipalities are encouraged to protect wetlands through implementation of the policy statement through the Official Plans and Zoning By-laws. The policy framework will need to be established in the Town Official Plan and the Town's Comprehensive Zoning By-law in accordance with the options outlined in the Guidelines. iv) The Policy Statement Guidelines indicate that it will not be applied retroactively to development applications. Where no further approvals are required under the Planning Act, the policy cannot be applied. However, where conditional approval has been granted (draft approved subdivisions) the application would be reviewed prior to final approval to use best efforts +-.~+ ~+rl.tgn~F- ~hp ~~g~Fl~n~ ~c m~inh ac r~~cc~]_r~ 1-hrnl7cxh n}~iPr outstanding approvals (i.e. zoning).. REPORT NO.: PD-33-93 PAGE 5 v) In addition, the Guidelines state the following: "...the Policy Statement cannot be applied retroactively to legally existing pits and quarries. Legally existing pits and quarries include; lands under licence or permit issued in accordance with the Aggregate Resources Act and, in undesignated areas of the Province, established pits and quarries that are not in contravention of municipal zoning by- laws and include adjacent land under agreement with or owned by the operator to permit continuation of the operation." It would appear than that the Wetlands Policy Statement would not prevent the extraction of the Westside Creek Marsh or alterations to the Bowmanville Third Marsh (Baby Head 1) within the 5t. Marys Cement property. Nevertheless, the Marsh is subject to other legislation, specifically the Lakes and River Improvement Act and the Fisheries Act. 3. WE5TSIDE BEACH MARSH/ST. MARYS CEMENT 3.1 As noted earlier, Council had expressed some concern that there may be conflicting resolutions with respect to the protection of the Marsh and a Resolution of 1988 to allow St. Marys Cement to increase the rate to extraction. In 1988, the Ministry of Natural Resources requested the Town to comment on a request by St. Marys Cement to permit an increase in the license's production limit from 1,814,000 tonnes to 3,000,000 tonnes annually. Council indicated it did not object to the increase in the annual extraction rate. Council's resolution addressed only the condition on the license related to annually tonnage limit. It did not address where materials would be extracted within the licensed area. Reference to Lots 12 to 17, B.F.C. was only to identify the property owned by St. Marys Cement subject to the license. 3.2 Between 1990 and 1992, Staff prepared three reports for Council's consideration, they are as follows: ~ April 1990, "A Green Strategy for the Greater Toronto Waterfront" Discussion Paper on the Royal Commission on the Future of the Toronto Waterfront REPORT NO.: Pn-33-93 PAGE 6 ~ March 1991, Town's submission to the Region of Durham on the 1991 Regional Official Plan ~ May 1992, Town's comment to the Ministry of Municipal Affairs on the 1991 Regional Official Plan The recommendations contained in each of these report noted the significance of the Westside Creek Marsh. On these three occasions, Council has endorsed staffs reports which call for the preservation of the marsh. The submission to the Royal Commission suggest that the Minister of Natural Resources revoke that portion of the licence that covers the wetland. Staff have reviewed each resolution pertaining to the reports, and are of the opinion that these positions taken by Council are not contradictory to Council's resolution of 1988 to permit the increased rate of annual extraction. As a matter of law, Council's most recent resolution takes precedence. - Notwithstanding the -Staff's recommendations- and -Council's resolutions the Implementation Guidelines for the Wetlands Policy Statement states that the Policy is not to be applied retroactively to St. Marys Cement. 3.3 Although the Wetlands Policy Statement offers no protection with respect to the licence to extract in the Westside Creek Marsh, Staff note that in the third phase of extraction, St. Marys intends to divert the Westside Creek around the marsh. Approvals under the Lakes and Rivers Improvements Act must be sought by the company prior to doing so. The Act is administered by the Ministry of Natural Resources. Through the review of the application the Ministry may require application under the federal Fisheries Act if there appears to be destruction of fish habitat. In this situation the Federal Fisheries and Oceans Department may require a review under ine ~nvironmen~ai tissessmeni keview rrocess. -- REPORT NO.: PD-33-93 PAGE 7 3.4 In recent discussions with the Waterfront Regeneration Trust, a staff person has been appointed to investigate all matters surrounding St. Marys Cement operation. To date, Crombie's representative has met with senior officials of St. Marys Cement as well as with area residents. Through Staff Report PD-7-93, regarding St. Marys' application under the Navigable Waters Protection Act for the dock expansion, staff has requested the Regeneration Trust to facilitate discussions with affected parties to resolve outstanding issues surrounding the future plans of St. Marys Cement. 4. SUMMARY Council supported the renewal of the St. Marys Cement plant and also supported amendments to its existing quarry licence which would allow for an increased rate of extraction from its quarry. At that time, the Wetland policy of the Provincial Government was non-existent. On three separate occasions, as recently as May 4, 1992, Council has endorsed staff reports which call for the preservation of the marsh. It has been suggested that the Minister of Natural Resources revoke.. that portion.... of the licence that covers.. the wetland or consider alternatives for the long term requirements of St. Marys Cement. The ultimate fate of the Westside Creek Marsh will be subject to Provincial and/or Federal legislation. Staff hope that the involvement of the Waterfront Regeneration Trust will assist to resolve this issue and other issues related to St. Marys Cement. Respectfully submitted, Recommended for presentation to the Committee ~ ~ ~ Franklin Wu, M.C.I.P. Lawrence E. Kots f Director of Planning Chief Administrative and Development Officer ~ CS*DC*FW*df *Attach 8 February 1993 ga735 REPORT NO.: PD-33-93 PAGE 8 Interested parties to be notified of Council and Committee's decision: Ms. Mavis Carleton Port Darlington Community Association P.O. Box 249 BOWMANVILLE, Ontario L1C 3L1 Mr. Dickson Wood St. Marys Cement Corporation 2200 Yonge Street TORONTO, Ontario M4S 2C6 Waterfront Regeneration Trust 207 Queens Quay West 5th Floor; Suite 580 TORONTO, Ontario M5J lA7 ~j~6 i ,:y'~ ATTACHMENT 1 . ~ ~ THE CORPORATION OF THE TOWN OF NEWCASTLE ` RE~ORT~ - DN: WETLANDS.GPA Meeting: General Purpose and Administration Commitrtee File # DCO3 .a 1 rJ ~ ~1 G. . Res.#~~~qa Date: Monday, January . 2 0 , 19 9 2 - _ . ; : , r~ ~-.: By Law # Report PT-~ ~-p? File vr.rr , ~_,_3 • • ~ ~~,<--' 1 Subject: PROPOSED PROVINCIAL POLICY STATEMENT ON WETLANDS ' Recommendations: ~ ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-34-92 be received; . •_,_2. THAT. the Ministry of Municipal Affairs. and Ministry of Natural, , . > ,- . Resources, be' advised of he Town "of Newcastle ~ s `comments with `the draft Policy Statement on'' Wetlands ~~as~r contained • in •Report'~ PD 34-, 9 2.; , 3. THAT a copy of PD-34-92 and Council's resolution in this matter be forwarded to the Ministry of Municipal Affairs, the Ministry of Natural Resources and Region of Durham. 1 BACKGROUND . ; ~ , ; ' i' 1.1~ In January:', 198.9,` the Minister of Municipal .Affairs'. and the _ ~ Minister, of Natural. Resources ,had issued.a proposed Policy „ . , _ • Statement ~on Wetlands for review and public comments. Staff `prepared PD-127-89'advising Committee and Council of the: draft provincial policy protecting wetlands through the s. ~ ; j` land-use„planning process. Committee and Council offered rio - objection to the proposed Policy Statement ' _ ;;c ; • ~`- 1:2 In September; 1991 Staff were advised by the Minister of~ 3, Municipal Affairs and; the Minister of Natural Resources of a new release of Draft Policy Statement on Wetlands. Both Ministries are now requesting comments on the new Draft Policy Statement from the members of the public and public agencies . - ~C~Q Q ' PEOYCLE~ ~ ascv~c ~f t C.' REPORT NO.: PD-34-92 PAGE 2, 1.3 The Policy Statement on Wetlands is issued under Section 3 of the Planning Act, whereby The Minister of Municipal Affairs and together with any other Minister can issue policy statements on matters relating to municipal planning that, in the opinion of the Minister, are of Provincial Interest. Thereafter, in exercising their authority in any planning matter the Council of a municipality, every local board, minister, board, commission and agency of the government shall have regard to such policy statements. The Wetlands Policy Statement replaces the Guidelines previously issued as the Province's expression of Policy on Wetlands Management. This Policy Statement on Wetlands has equal weight and must be considered in conjunction with other Policy Statements issued under the Act, which may also have an impact on the management and use of wetlands. 1.4 The Ministry of Municipal Affairs and the Ministry of Natural Resources will release "Wetlands Implementation Guidelines" to assist planning authorities with the implementation of the Policy Statement in the near future. 2. A SUMMARY OF THE REVISED WETLANDS POLICY STATEMENT 2.1 Definition Wetland has been defined as: "land that is seasonally or permanently covered by shallow water, as well as land where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants." Swamps, marshes, fens and bogs are all considered wetlands. 2.2 Basis of the Policy Statement A significant number of wetlands have been lost within _~~g - ~-9 _ ~3~ REPORT NO~: PD-34-92 PAGE 3. Southern Ontario due to continuing pressure from competing land uses and other activities such as dredging, filling, drainage and land clearing. Through the Policy Statement the Province intends to protect wetlands as part of its approach to the management of natural resources, specifically to: . sustain intrinsic ecological values . protect heritage values . conserve high quality ground water . manage fish and wildlife habitat . maintain surface water quality and quantity . encourage the maintenance of an adequate supply of both public and private open space 2.3 The Evaluation System In 1984, the Ministry of Natural Resources and Environment Canada introduced "Guidelines for Wetlands Management in Ontario". The Ministry had introduced an evaluation system for identifying and classifying wetlands in order to measure wetlands values. The Policy Statement of 1989, Class I and II were classified as being Provincially Significant Wetland, Class III wetlands as Regionally Significant and Class IV to VII as Locally Significant. . The revised Policy Statement is more stringent in its classification to Provincially Significant Wetlands, which includes the Class I, II and III as Provincially Significant. However, Class IV through VII wetlands have not been defined. 2.4 The Policies 2.4.1 The Policy Statement requires all municipalities, boards and REPORT NO.: PD-34-92 PAGE 4, all other agencies with planning jurisdiction to have regard for wetlands in their decisions affecting ar~y planning matter. In this regard wetlands are to be identified and protected through Official Plans, Zoning-by Laws, and other planning documents. 2.4.2 The Policy Statement applies to the entire Province of Ontario, which has been divided into the Boreal Region and the Great Lakes-St. Lawrence Region, which includes the Greater Toronto Area. The boundaries of these areas are indicated on Figure 1 which forms part of the Policy Statement, noted as Attachment 1 to this report. 2.4.3 The Great Lakes - St.Lawrence Region. a) The Policy Statement prohibits a number of activities within Provincially Significant Wetlands such as the construction and alteration of structures as well as any site grading. However, new land uses are permitted provided it does not result in the loss of the function of wetlands or any wetland area and does not create a negative impact at the time of its implementation or in the future. b) The Policy Statement recognizes a "wetland complex", an area identified as having two or more wetlands that are related in a functional manner. New development and compatible land uses are permitted on lands separating the wetlands provided it does not result in the loss of its functions. c) Within a 120 metres from a Provincially Significant wetland, the Policy Statement permits only development and compatible land uses which do not result in loss of wetland area or its function. ~a.W~ 9 9..._......51 ~ ~- REPORT NO P)1- 3 4 -9 2 PAGE 5 2.4.4 In both Regions the Policy Statement encourages new public utilities/facilities to be located outside•Provincially Significant• wetlands wherever possible. Environment assessment or other approvals shall ensure negative impacts on wetland functions are minimized. 3. WETLANDS IN THE TOWN OF NEWCASTLE 3.1 Three Provincially Significant Wetlands have been identified in the Town of Newcastle. West Side Beach Marsh McLaughlin Bay Black/Farewell Creek Complex The approximate locations of these three wetlands are , indicated on Schedule 1. The West Side Beach Marsh The West Side Beach Marsh is located in within an area currently held under quarry license by St. Marys Cement. The license for extraction was granted in 1970 by the Ministry of Natural Resources and covers more than 600 acres of land. Under the license extraction would be permitted into the Marsh at a significant depth thereby destroying the marsh and any possibility of rehabilitation. As noted earlier, the Wetland Policy Statement has equal • weight and must be considered in conjunction with other Policy Statements. In this regard, reference is made to the Mineral Aggregate Resources Policy Statement (HARPS) jointly issued under Section 3 of the Planning Act. It establishes mineral aggregate resources as a matter of provincial • interest and requires municipalities to identify and protect resources as much possible in the context of other land uses planning objectives. w5~9 ~2_~ , REPORT NO.: PD-34-92 PAGE 6. The two Policy Statements have differing objectives and have been applied to one single property. Staff has discussed the issue of protecting the West Side'Beach Marsh with the Ministry of Natural Resources. Ministry Staff has taken the position that since the approval of St. Marys Cement quarry licence predated both policy Statements, the Ministry is obligated to honour the license. Ministry Staff also indicated that the Wetlands Policy Statement is not intended to apply retroactively to lands previously committed to other uses. The protection of the Marsh has been sited by the Crombie Commission as being of significant ecological value. In Watershed the Commission recommended the protection of the marsh and the creation of a suitable buffer area in relation to continued quarry operations. McLaughlin Bav McLaughlin Bay is part of Darlington Provincial Park, the western the portion of the wetland located in the City of Oshawa is privately owned by General Motors. The 1987 Oshawa Waterfront Development Plan has recommended the area immediately west of the McLaughlin Bay for public acquisition. However General Motors has been managing the Mclaughlin Bay area, preserving and enhancing its natural qualities. The City of Oshawa has no objection to General Motors activities. The Farewell/Black Creek Complex The Farewell/Black Creek Complex is located outside of the Urban Area for Courtice as designated in the 1991 Region of Durham Official Plan and is not threatened by urban development in the near future. The Black/Farewell Creek Complex is located however in the study area for the Connecting Link between the 401 and 407. It should be noted that the exact alignment has not been announced by the Ministry of Transportation. _ F)`t~ i- r, . ~ TMZ- REPORT NO.: PD-34-92 PAGE 7 Other Wetlands Cther wetlands in tre Town of Newcastle are listed below: Darlington Golf Course Wetland, Class 4 Mitchell's Corners, Class 7 . Bowmanville Marsh, Class 6 Raby Head #1, Class 6 Raby Head #2, Class 7 Clarke Lower Wilmot Creek, Class 6 Kendal Complex, Class 6 Clarke's Summit Swamp, Class 6 Newtonville, Class 7 The approximate locations of these wetlands are indicated on Schedule 2. 4. COMMENTS 4.1 The new draft Policy Statement is intended to be brief, more forceful and assertive in dealing development in the vicinity of wetlands, intending to protect the function of wetlands and recognizing their importance to the natural environment. Staff has reviewed the draft Policy Statement and offer the following comments: 4.1.1 The Policy Statement has created a number of definitions to clarify the intend of the policies. Terms such as Compatible Land Uses and Development are specifically defined. The term "new land uses" is not defined. Staff is of the opinion that clarification is required as to what would constitute a "new land use". ~l ~ 5 599 5~.~:~ REPORT NO.: PD-34-92 PAGE 8. 4.1.2 Regional or Locally significant wetlands do not receive any protection under the Wetlands Policy statement. This is a serious and unfortunate omission. Excluded, for example, is the Bowmanville Marsh. Given the limited number of remaining wetlands, the provisions of the Policy Statement should provide a general clause that would encourage Regional and Local municipalities to protect those which may have regional and local significance. 4.1.3 As noted earlier, the Wetlands Policy Statement requires municipalities to have regard for provincially significant wetlands in decision making. The implementation of the policy statement shall be done through their Official Plans and Zoning By-laws. To some extent the policy framework to accomplish this objective is currently in place within the Regional and Town of Newcastle Official Plans as areas designated as environmentally sensitive or hazard lands. The Town's Comprehensive Zoning By-law has identified the majority of wetlands as "Environmental Protection (EP)" The permitted uses in the by-law are generally consistent with the concept of compatible land uses in the Policy Statement. There are a number of wetlands that have yet to be zoned accordingly. McLaughlin Bay wetland is currently zoned as: "Agricultural (A)'. The wetland forms part of the Darlington Provincial Park and for the most part its natural environment and wetland functions are protected by- the passive recreational use of the park. A~change to the current zoning however would ensure its full protection. ~~9~. 55;1 REPORT NO.: PD-34-92 PAGE 9 Westside Beach Marsh, Raby Head #1 & #2, and a portion of the Bowmanville Marsh are zoned !'Extractive Industrial (M3)" and owned by St. Marys. As noted earlier in this report, the Policy Statements related to Mineral Aggregates and the Wetlands Policy appears in conflict as it applies to Westside Beach Marsh. The Ministry should clarify which Provincial Policy Statement is applicable. Given the fact that the Westside Beach Marsh takes up only a small portion of the st. Marys Cement property and recognizing the. ecological significance of the marsh, the Town requests that the Wetlands Policy Statement should be paramount, to ensure that these wetlands are protected from further extraction. If the draft Policy Statement is approved the zoning by law will have to be amended to include the 120 metre setback from the wetland area. 6. CONCLUSIONS 6.1 Staff agree with the general philosophy of the proposed Provincial Policy Statement on Wetlands. However, the policy statement could ,offer further clarification and refinement duly noted in this report. Respectfully submitted, Recommended for presentation to the Committee -I Franklin Wu, M.C.I.P. `T~awre~l E. Kotseff Director of Planning Chief A ministrative and Development Officer CS*DC*FW*df *Attach 13 January 1992 e.. 4 5 ATTACHMENT # 1 THE .,;t PLANNING ACT t , ~ POLICY STATEMENT Ontario an s e A Draft Policy for Consultation under Section 3 of the Planning Act 546 ~ F J ~ ~ j W~s~ ~ `yla - Yx ~ ~ v.S~ 2 - ~ E ~ ~ -:, a'4i, ~ ~ r~ - u S'~''~`Y. t ~ ~1,.~~rl^~ r.*F4 { ~tF+~ ~'Sti-Ti', ~~r~ ~`~v ~ja ~~`k'~'# ~,.4J;~.~,~r s ,e ...~ee`:~~f ~w```,k3u°; 1v ~ i~' ~ ~ Y~ t y e.. ~ fie`- a _ e s~~~te -~~'et~e ~ ,~i~~~h},~ ,.t~~ -r ~ ~f' - C 6 1 ~ ~C~ ~r _Tl~ i'J ' ~ 1~ ~ llli ~ ° ~ : StP • ; O'fJ~ G ~ ,- ~ , c s g F ~ ~ 1~ ~ ~ stt ~ o icy rstatei~~t,r~t~the'~ti~~x"t`ex~s~~a ~ oon~~T ~ith~ Y u h `hn~.~pa~ 'y~yYC"~'~ o~ta~~~ejc~~eial or~th~r o~ «~;«ls old b~~di~ ~ of lei 5ons~a~ ~~,1i~,~ 'C 1~ 5r-!y~ f~ti.~'~r"+f+. ~Y "1 j I L ti 1 ~ F ~ ~,i ~`~~o _S~ e~ , iaa~~~~t~r~st i ~t~z~ pie ~~o~ed_5t tt~n~~iit, ~ ~ n`~.~~ ~z . .t - ~ 4 ti .~:~v. , ~- e ' ~ i ~ t~te7nent s ~ ~~_nd'er~St~bs ~ ri`r,~-„ e ''s^: . ~ ~- o -_ ~ n~ ex -. - ' ~ ~ ~~af1 r ers ~ as lie i e r a a ~ .r~ 5~~/- ~ ac ~"un~~i ahxy~: iat ~~i:e v~ti i~ot~cc,of ~~po~c~~ "tate~c ~unc~er~~~ ~ - - i e~`'~e 1i~,,eta~t~m~,nt ~o~~ ~ _ _ ~ r ~ ~ ~ a i o e` a~ tere's ~ the StaCelll..,it - ~f . ~ ~ ~ ~ i~ ects~~ ` ~a~ i~'p ~ r : e 3' i ~~~~yy~~yy ~y~. pi~'' i.1111~1 ~ - ~ _ ~jytil t4v~~ _ 7. e' ~ ~1D~~11e ~ ll Y ..r I 1 ~ r ~ eCZ t' iS `Cl ll1~Y11, e e~ ' ,~~3~i~ .asp Yr t:. a v ~ ~ 3 QY e« 1 ,~~~1CId~~`fI~ ~ ~ ~ I, ''~xr:. r7~~`~durc;.~ ~ed~u~~so ~fa~r~»i~iing~oi~t~e~luu~b 7 ~ {z ~ ~~p` '<fi- ~.t'~15~~5 4~ t'~7 fir` ~,9rl~r?.a"„3-' r t - ~s.~aK{+ ~r r4 '~r .t,. ~i~ \ ~ ~ rc~~rK ` ~dr~~. L ~ i)+t ~~.~44iJ ~~.6~~'; t',4~va, 2~1j.2 ~f~ ~wii Y f~'G~ _ ~ t;ir . ~2 ~ 5 s j~ ~ i - i i r s *L d ~ t t~'t 1 -~ ~- 7 PURPOSE: ~ . This document is the Province of Ontario's Policy Statement on , planning for the protection of Wetlands. It is issued jointly by the Minister of Municipal Affairs and the Minister of Natural Resources under Section 3 of the Planning Act. INTERPRETATION: This Provincial Policy Statement: replaces the "Guidelines for Wetland Management in Ontario" issued by the Minis- ter of Natural Resources in the Provincial Legislature in April 1984. does not supersede or take priority over other Policy Statements issued under Sec- tion 3 of the Planning Act or any other policy approved by the Lieutenant Governor in Council. The Policy Statement applies to Provincially Significant Wetlands throughout Ontario. In addition, planning jurisdictions, including municipalities and planning boards, may protect other Wetlands. BACKGROUND: Wetlands are essential ecosystems. The Province is committed to the protection of Provincially Significant Wetlands as part of its ecosystem approach to the management , of natural resources. All planning jurisdictions, including municipalities and planning boazds, shaze in the responsibility for wetland protection. This Policy Statement is con- sistent with and an integral part of other efforts of the Province to protect Wetlands and to: sustain intrinsic ecological values protect heritage features ':i~ conserve high quality ground water manage fish and wildlife habitat maintain surface water quality and quantity :f~ encourage the maintenance of an adequate supply of both public and private open space. ~4~ Wetland Benefits Wetlands provide environmental, economic and social benefits that contribute to the quality of life in Ontario. Wetlands throughout the province can contain ecological, hydrological, recreational, agricultural and wildlife/fisheries habitat values. Wetland Loss Over 75% of the original Wetlands in southern Ontario have been lost. This loss is continuing as pressure escalates from competing land uses and other activities such as dredging, filling, drainage and land clearing. In northern Ontario, where Wetlands are relatively abundant, losses aze also becoming significant particularly neaz urban azeas and along the Great Lakes shorelines. Evaluation System Evaluation systems aze used to rate the values of Wetlands and to determine their rela- tive importance by measuring a number of indicative features, such as biological, hydrological, social and special features. In 1984 an evaluation system was developed by the Ministry of Natural Resources and Environment Canada. This system applies generally to the area of Ontario outside the Canadian Shield. This system was used in the 1984 "Wetlands Guidelines" to protect significant Wetlands in Ontario. DEFINITIONS: 'For the purposes of this policy statement: Adjacent Lands are those lands within 120 metres of the boundary of Provincial- ly Signiftcant Wetlands. :f: Boreal Region is the area of Ontario north of the line shown on Figure 3 (see Note 1). =r: Compatible Land Uses or Development aze those which do not: a) result in a loss of Wetlands Functions, and b) create a subsequent demand for measures which will negatively impact on existing Wetlands Functions, and c) conflict with existing site-specific wetland management practices. 549 ~ ; ~ 9 5 3 Development means: a) the construction, erection or p'.acing of a building or structure of any kind; or ' b) the making of an addition or alteration 'to a building or structure that has the effect of changing the size or usability of it; or c) such activities as site grading and the placing or removal of fill. ' f: Environmental Impact Study means a study carried out by a proponent and approved by the Ministry of Natural Resources, to identify and assess the impacts of land uses or Development on Provincially Significant Wetlands. Great Lakes-St.Lawrence Region is that azea of Ontario south of the line shown on Figure 3 (see Note 1). Wetland is land that is seasonally or permanently covered by shallow water, as well as land where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants (See Note 2). Wetland includes Wetland Area and Wetland Complex. There are four main types of Wetlands: swamps, mazshes, fens and bogs. For the purposes of this Policy Statement, lands being used for agricultural purpos- es, that aze periodically "soaked" or "wet", are not considered to be Wetland. Wetland Area means a single, contiguous Wetland which may be composed of one or more Wetland types (see Figure 2). ~ Wetland Complex means 'two or more individual Wetland Areas which are related in a functional manner, and aze grouped within a Wetland Complex (see Figure 2 and Note 3). '.ic Provincially Significant' Wetland means: a) Class I, II and III Wetland in that part of the Great Lakes-St,Lawrence Region below the line ~,r..,~.imating the south edge of the Canadian Shield (see Figure 4), identified in "An Evaluation System for Wetlands of Southern Ontario, South of the Precambrian Shield, Second Edition, 1984", as amended from time to time; and b) those Wetlands identified as Provincially Significant Wetlands by the Ministry of Natural Resources through an evaluation system(s) developed specifically for other azeas of Ontario. Wetland Functions means the biological, hydrological, physical, social/economic interactions that occur in Wetlands. 5 0 . 4 ~ r , fR~ ^ t ~~i a: POLICY 1 ~ ! Y ' ~ It is the policy of the Province of Ontario that: -~='~-' ~ ~ - ~ ~ 1. All planning jur isdictiaas, including municipalities and plan- x ` ning boards, consider the implications of their actions on the protection of Provincially Significant Wetlands. ~ -~ 2. Development is prohibited within Provincially Significant Wetlands in the Great Lakes - St. Lawrence Region. New land uses are prohibited within Provincially Si na scant Wetlands in the Great Lakes - St. Lawrence Re ion unless the do not: ~ 4'` g .f g y ~~r} a) result in a loss of Wetland Functions, and b) create a subsequent demand for measures which will negatively impact on 3 existing Wetland Functions, and 's~;rP ;j c) conflict with existing site specif c wetland management practices, and ~ h ,w 'z` d) result in a loss of area of Wetland. r` 3. New land uses and Development are generally prohibited within Provincially Sig- " nificant Wetlands in the Boreal Region. However, provided that an Environmen- ' tal impact Study is carried out by a proponent and approved by the Ministry of - Natural Resources, new Compatible Land Uses or Development may be permitted. 4. Despite Policy 2, on lands separating Wetland Areas within a Wetland Complex in 4 Provincially Significant Wetlands: a) new Compatible Land Uses or Development may be permitted in the Great Lakes-St.Lawrence Region if they do not result in a loss of area of Wetland. E~"'~ b) new Compatible Land Uses or Development may be permitted in the Boreal s Region, s , S. On Adjacent Lands: - 3~ a) in the Great Lakes-St.Lawrence Region, new Compatible Land Uses or ',:^k`,t Development which do not result in a loss of area of Wetland may be permitted. 4 b) in the Boreal Region; new Compatible Land Uses or Development may be ~~z permitted. ~ i< - -`lz 6. New public utilitieslfacilities be located outside Provincially Signi~eant Wetlands, wherever possible. When proposals to construct transportation, communication, sanitation and other such public utilities/facilities in Provincially Significant Wetlands are being con- sidered under the provisions of the Environmental Assessment Act, the Ontario Energy Board Act and other applicable legislation, the approval authorities shall r have regard to the policies of this Policy Statement and determine what measures are io be auken ~u rreiniiriize rie~uiive inc~ucis urc i'ieilurctl ~uieciivica~. ~ " -~~>- IMPLEMENTATION All planning jurisdictions, including municipalities and planning boards, shall have regard to this Policy Statement in their decisions affecting any planning matter. Ir this way, the Policy Statement will be implemented through official plans, plans of subdi- vision, consents, zoning by-laws, minor•variances and other planning applications. Fill, Construction and Alteration of Waterways Regulations issued by Conservation Authorities under the Conservation Authorities Act will be used to assist in the imple- mentation of this Policy Statement, where Provincially Significant Wetlands are .con- tained in such regulated areas. Existing planning documents shall be revised to reflect this Policy Statement, as evalu- ation information becomes available and at the time of scheduled reviews. The Ministry of Natural Resources (MNR) and the Ministry of Municipal Affairs (MMA) will jointly administer this Policy Statement and explain its content and give advice on its application. MNR is developing an evaluation system(s) for Wetlands for the area of Ontario north of the line approximating the south edge of the Canadian Shield (see Figure 4). Until this has been completed, Wetlands will be evaluated by MNR on a case-by-case basis. The determination of which are Provincially Significant Wetlands will be based on the critical nature of the Wetlands' features. MNR and MMA will issue "Wetlands Implementation Guidelines" to assist planning jurisdictions, including municipalities and planning boards, in implementing this Poli- cy Statement. The guidelines will-contain recommended approaches--for--protecting..... Wetlands in official plans, zoning by-laws and other planning documents. - NOTES 1. The line between the Boreal and the Great Lakes=St.Lawrence Regions approxi- mates the established boundaries between: a) Ecodistricts 22 and 23 within the Chapleau Plains Site Ecoregion, described by Wickware, G.M. and Rubec, C.D.A., 1989. ECOREGIONS OF ONTARIO, Envi- ronment Canada, Ecological Land Classification Series, No.26, 37 pp. b) the Boreal and Great Lakes-St.Lawrence forest regions, described by Rowe, J.S., 1972. FOREST REGIONS OF CANADA, Canadian Forestry Service, Ottawa, Ontario. Publication 1300, 172 pp. ~ ~ - -. - 2. "Hydric soils" are characterized by an abundance of moisture, to the extent that the soils are either inundated or dominated by water-tolerant vegetation. "Hydrophytic plants" (hydrophytes) commonly grow in water or ui water-logged soil and aze water-tolerant. 3. In Wetland Complexes, it is the whole complex that is evaluated and classified, not the• individual Wetland Areas. Additional copies are available from: Publications Ontario, 880 Bay Street, Toronto for personal shopping. Out-of-town cus- tomers write to Publications Ontario, 5th Floor, 880 Bay Street, Toronto M7A 1.N8. Telephone (416) 326-5300. Toll free long distance 1-800-668-9938. Hearing impaired call (416) 325-3408 or toll free 1-800-268-7095. MasterCard and Asa accepted. Cheques and~money orders payable to the Treasurer of Ontario. Prepayment required. ISBN: 0-7729-8812-9 For further information contact any of the following offices: MINISTRY OF NATURAL RESOURCES Doug Hagan, Manager Wildlife Policy Branch 6th Floor, ICI House 90 Sheppard Ave East North York, Ontario M2N 3A1 (416) 314-1051 MINISTRY OF MUlYICIPAL AFFAIRS Municipal Planning Policy Branch plans Administration Branch -North and . 777 Bay Street East 13th Floor 777 Bay Street Toronto, Ontario 14th Floor MSG 2E5 Toronto, Ontario (416) 585-7130 MSG 2E5 (416) 585-6014 Plans Administration Branch -Central and Southwest 777 Bay Street 14th Floor Toronto, Ontario iv13v 2E~ ~ I (416)585-6014 ~-~ 99.h1_.. Figure 1 MAP ILLUSTRATING LOCATION OF THE BOUNDARY BETWEEN KEY REGIONS OF ONTARIO Hudson Bay James Bay Moosonee Kenora ~ Gereldton • • Oryden• Hearst Q • Cochrane • NipiQon :ort Frances • BOREAL REGION Thunder Bay • • Timmins Wnwa • , • Kirkland Lake ~ Chapleau g K e ~o~ GOQima III11 APPROXIMATE NORTHERN i- ~ TemaQ ~ i BOUNDARY OF SOUTHERN ONTARIO WETLAND Sault Sudbury, North eay EVALUATION SYSTEM •Ste.Marie • • Blind RI+ r GREAT LAKES - ST. LAWRENCE ~ r Co REGION ~ c~rret~ Placeal G '-~ erac~ idpe B~crok'`Kemptvill , o •)Alnden~I e~ ckville ~ ~ ~ • Napanee C Ovven Midhurnt Lindsay A Sound • Aurora , ~ • Toronto V Windham ke Ontario L 8 Cambridp~ London ~imcoe ~ Ayimer• ~ Ch. ham v Windwr i g Er K0 ~a N r r11 _ 0 200 'J I i I ~/1 Km ~ ~ L r SCHEDOLE # 1 X55 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 1 I 10 9 8 7 CONCESSION II ROAD .f N Jo 11 ~- - ~ ~p i ii Z on " ° O g~i BLACK/FAREWELL II CREEK COMPLEX ~ to ~u (CLASS IIIi ~ tl ~ z J ZI I ; TAUNTON ROAD I 4 TAUNTON ROAD ~ C~ ~ Z a II 'ti,~~: o z II ~ ;1 ~ N a ~0/~ W II N ~ ~ N a u..~ II o . ?s I N ~ ~ ~ o `14 g II o ~ N o a V i c ~ M r ? y C 0 0 PEffLE3TONE ~ ROAD N p CONC__ ROAD 4 V I ti ~h M o -1 = _ ~ ~ o O I°. N & ~ N W „ ~I N J F I' o V F ~ C r ~ Z NASN ROAD ~ I NASH I ROAD I II CONC. ~?I 'I r~~ ~J m ° N ~ W ~ N tl °a °a N tl & & z , m 111 rI D r~ D o < \ W ~ ~ J ~Wjr Ill C ~ C C i tl / , Z °a ~ o o N I i a rc o ~ tl _ 1 V f1.00R fTREET ~ - ,p -- ~ I < I o - z W ~yGII tl f i C F > J P~ v" Z = I F W i W t ~ C tll ~ O o ? 7 V n ~ zll a ~ ~ ~ Z . p ` m Q. C-~~ IifASELINE ROAD ~ 3 V ~_--~_~ _ _ BASELINE ROAD 1 N V Z SOUTH fER VICE 401 O ROAD ~ V a zn ~ ~ ` m McLAUGHLIN BAY (CL.ASS ITI) WEST SIDE BEACH MARSH ( CLASS II) ~r~0~'I~LL?~ ~I`JI~I~~~~~~~cT L~I`JD~ . 555 ~n r~ f- , , . SCHEDULE # 2 ~i5. 34 33 32 31 30 29 28 27..26 25.24 23.,22 21 ..20 19_.18 17 ,.16 15 ,.14 13 _12 I I 10 9 8 7 CONCESSION II ROAO 6 (I II M JI _ ~ ~-~~~~ II <~I MITCHELL CORNERS ~ ~7 I o a ~ ~IY~ (CLASS V11) a N IL__ N =II W ~-~~ r~i ~ F II of N ~ . z < ZII = M ~ r J ~ ~ u 2 O 3 V TAUNTON I ROAD .I ~ i. i TAUNTON ROAD u ~ i< d' 0 _ ~ Z u Y ~ O & II -~ g Wl II a N o ~ ~ ° a N C C ~ ~ O o GOLF COURSE " o ~ _ ~'r z `g ~ (CLASS I V) " W ~ " e V ~E001E NE ROAD " CONC. ROAD 4 " _ ~ " QI ~ W D " O ~ " K~ „ ~ , . ~ ~ M ~~~Q ~ W J ~ o I o W ~ ~ o V ~ ~ Z l NASH ROAD ~ NASH ROAD I II CONC. I V F 2 y W J ~O/~ p r ~~- C C 2 ~ m , V/ g L~aJ ~ \ ~ ~ ~ I O - D• V OLOOR STREET ~ II ' - p , Z W II W ~ ' 14 a J I I O W, < Q z W 11 0 ~ Z( ° N J p YII W ~ ~ o ZII J ~ J ~ ~ W a ~ =11 a ~ _ , r ~ II ~ Z a Z t ~--u~ ~~j~OASELINE~ `Rr OAD _ ~ BASELINE ROAO 3 sourH ~-~+~ol SE E . ROAD - , D -- _ W W Q ~ BOWMANVILLE MARSH ' ~ (CLASS V ( ) RABY HEAD I (CLASS V I) RABY HEAD 2 (CLASS VII ) 1~Ut i LAr~u~ , ~L~?~~E~ IV" T© ~"I i (TOWNSHIP of DARLINGTON G. , ~ - ~ r h 35 3433323130292827262524232212019 ~ 1716 15 14 1312 it 10 9 8 7 6 5 4 3 2 1 0 _ .de - - _ - _ - 1 b.o a c4 m , i z 1 ~ _ KENDAL COMPLEX U (CLASS V I) g' I, I ~ 6 a~-!~ ~ U s - 4 ~ a ~ - ~ `E N 3 el ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ a r 3 ~ ~ ~ ~ g ° X ti` 1 R w r. p pFF F X M V I ; ~ M " Y ~ _ e+a ~M ~ ~ ~ ~- ~ V > ~e Y eexe~„wn. x we s ~ I \ _ -_ __,~_-_ R+ ~ <encn"ww •ae ~ i . -_ --r. __..._..- .o .i - - i B g M ! ~y 'sl ~ ~ c , i k' V e Z i ~ t i _ a; o a I i< v _ a a CLARKE~S SUM IT i I g,SWAMP(CLASS i a~ o ~ ~ ~ ~ ~ ~ ~ ~ . _ ~ w, : ° NEWTONVILLE .e.e, 4' ~ (CLASS VI I ) i a t• ~ - ~ .ter ~ ~ ~ U s' ;r ~ ~ ~ - i l r ~ i all ally ~,.e, 9.°I - 1 I~ V r'i ~I ~I ~ t ~ Z Z LOWER WILMOT ~ - I' L, a a" ~-. I', (CLASS VI) N 3~ o qp m tg V ' WETLANDS ,CLASSES IV TO VI I ' ~r (lUWN5i11~ OT L~a~t) _- t` -rt - F ~ 4 ~ ~ J J ' ATTACHMENT #2 ~s Ontario i ~ ~ Ji ~l ,~~1~ ~ 1~~7 June 24, 1992 F? ~ `i . f >>- i Deaz Friend: We are pleased to advise you that the enclosed Wetlands Policy Statement was recently approved by Cabinet. It is now the fourth such statement issued under Section 3 of the Planning Act. The new policy on wetlands takes effect on June 27; 1992. This means that, under the provisions of the Planning Act, every municipality, planning board, and local board, as well as every minister of the Crown, every ministry and provincial boazd, commission or agency, including the Ontario Municipal Board and Ontario Hydro, must have regard to this new Policy Statement in exercising any authority that affects any planning matter. The Planning Act also requires that each municipality that receives notice of a Policy Statement shall in turn give notice of the statement to each local board of the municipality that it considers has an interest in the statement. Please do so as soon as possible. In addition to the policy itself, a fact sheet and other related material aze being provided to you as part of a package. This information is intended to help you understand the new policy and its implications, and how implementation of the policy will take place. This government has listened to input from across the province on the issue of protecting wetlands. As a result, we believe the policy now provides strong direction and will effectively__protect__Ontazio's_wetland_resources-for-present-and future generations. - - Please call any of the Ministry of Municipal Affairs or Ministry of Natural Resources • contacts listed at the back of the Policy Statement if you have questions about the policy. Yours sincerely, G{_ERK c -.,, ~ ~~t. 8Y ----- - _ w ~-~~ ~ ~ .-~ " Dave Cooke -~.~~;~~--~~ ~•-; C. J. (Bud) Wildman Minister . ~ Minister Municipal Affairs ----- - ~--~ ~-- ~ ~ -• ~-=°~~~-` Natural Resources I-- ------ ~ ---- i encl. ~---- ---- ' i ~ --_~ ..__-i ~ , - --_. _i------------- -' - - - ---i _ . - - _ . - _ _ _ i _-.--- ~ 5 8 THE POLICY STATEMENT IS AVAILABLE IN THE CLERK'S DEPARTMENT. news re=ease _ ~ communique Ontario June 24, 1992 Province To Protect Ontario's Wetlands Under Planning Act Natural Resources Minister Bud Wildman today announced a new protection measure for Ontario's wetlands. Wetlands south of the Canadian Shield have been rapidly disappearing as a result of pressures from various kinds of development. It is .estimated that more than 75 per cent of the original wetlands in southern Ontario have already been lost. In the'north, some types of wetlands are relatively scarce and may be jeopardized by competing land uses. "The provincial government attaches tremendous importance to conserving Ontario's wetlands for future generations," Mr. Wildman said.. "We'are therefore committed to taking strong action to protect this valuable resource before it is too late." Wetlands are vital natural phenomena that must be protected if the environment is to be preserved for future generations. Wetlands sustain water quality and quantity and provide economic and social benefits that contribute to the high quality of life in Ontario. The province is issuing the Wetlands Policy Statement under Section 3 of the Planning Act. The policy directs municipalities and planning authorities to identify and protect provincially significant wetlands. Municipal Affairs Minister Dave Cooke, in announcing the policy in the legislature today, said it will give municipalities strong direction on the protection of Provincially Significant Wetlands. Mr. Cooke said the policy takes effect on June 27, ' 1992, the day it appears in the Ontario Gazette. The Wetlands Policy is intended ~to ensure that there will be no loss of provincially significant wetland functions in the Boreal Region of northern Ontario and no loss of provincially significant wetland functions or area in the Great Lakes-St. Lawrence Region. . "Provincially significant wetlands" refer to those wetlands identified by the Ministry of Natural Resources through an evaluation system. The policy also encourages protection of all other wetlands by municipalities. There has been extensive consultation in the development of the Wetlands Policy Statement. Individuals, interest groups, and professional organizations across the province, re?7ewed drafts of the policy in 1989, and again in 1991, and submitted their comm~_ X59 V Ontario ~ ~ ~ ~ / ~ 'June 1992 Ontario's Wetlands Policy The Ontario Government has a new protection measure for Ontario's wetlands. The -Wetlands Policy Statement, which will be implemented under Section 3 of the Planning Act, is to be applied to provincially significant wetlands and~lands adjacent to them, throughout Ontario. The policy directs municipalities, planning boards, public agencies, the private sector and others to protect wetlands. The Wetlands Policy is intended to ensure that there will be no loss of provincially significant wetland functions in the Boreal Region of northern Ontario and no loss of provincially significant wetland functions or azea in the Great Lakes-St. Lawrence Region. The following fact sheet has been prepared to answer some of the questions about wetlands and the new Wetlands Policy. Ontario's Wetlands Ontario has four major types of wetlands -swamps, marshes, bogs and fens. For the purposes o€-the-Wetlands-Policy,-wetlands-are defined-as-all-lands-that-are seasonally or permanently covered by shallow water. Wetlands are also defined as lands where the water table is close to or at the surface. In both cases, the presence of abundant water has resulted in saturated soil (hydric soil) and has created conditions suitable for water tolerant plants (hydrophyic plants). Lands being used for agricultural purposes, that are periodically "soaked" or "wet," are not considered to be wetlands in this definition.. The Importance of Wetlands Wetlands maintain water quality and quantity, protect shorelines from erosion, aid in flood control and provide habitat for a wide variety of plant and animal species. They contribute substantial social and economic benefits, outdoor recreation and tourism-related activities. . ~~1 ~ I -3- All planning jurisdictions including municipalities and planning boards shall incorporate the provisions, of this policy statement bynder the PlanningeAc~fficial plans, zoning by-laws and other development decisions u All of Ontario is Affected by Phis Policy All of Ontario is affected by the policy. For the purposes of application, Ontario is divided into two regions -- the Great Lakes-St. Lawrence Region and the Boreal Region. Their boundaries are shown vn the accompanying map. Development in These Areas is Affected by the Policy ' In the Great Lakes-St. Lawrence Region, development is not permitted within ' provincially significant wetlands. However, development may be permitted on adjacent lands subject to an Environmental Impact Study. _ In the Boreal Region, development may be permitted within Provincially significant wetlands and on adjacent lands subject to an Environmental Impact Study. Adjacent Lands are also Important ~ . Lands adjacent to wetlands are defined in the policy as: • lands within 120 metres of a boundary of an individual .wetland area, or • all lands connecting wetland areas within a wetland complex. Farming on Adjacent Lands ' In most cases, if a wetland area is being used for agricultural p ~ o' evaluated t In meet the definition of "wetland" being used in this policy. Such azeas addition, the policy states that Environmental Impact Studies are not required for established agricultural activities. The usual activities associated with farming (such as plowing, ~thg, harvesting, grazing) can take place on adjacent lands without conflict with the Wetlands Policy. The Ontario government will continue to encourage farmers to protect wetlands through good soil and water management practices. ~ X63 -5- The ministry tries to inform owners of the evaluations, but owners of wetlands cannot always be easily identified as sometimes property boundary lines are not apparent. All wetlands have not been evaluated. Where provincially significant wetlands are not identified and/or evaluated by the Ministry of Natural Resources, the policy cannot be implemented. Evaluations will take place over the next few years, on a priority basis. However, emphasis will be placed on areas where growth/development is expected and on areas where land-use planning documents (official plans, zoning by-laws) are proposed to be reviewed and updated. Where a wetland evaluation has not been completed and mapping is not available, and where a development application has been submitted for approval under the Planning Act, MNR may evaluate wetlands on a case-by-case basis. This information will then be provided to the landowner, the approval authority, and the applicant along with various other comments under the ministry's mandate regarding the planning application. The Policy Addresses Wetlands That are not Provincially Significant Municipalities are encouraged to protect wetlands that have not been classified as provincially significant. MNR will continue to comment on wetlands that are not provincially significant for other natural resource values (e.g. fisheries, wildlife, forestry). For More Information For planning information, you may contact district office staff from either the Ministry of Natural Resources or the Ministry of Municipal Affairs. For information on specific wetlands, evaluation and mapping, or other aspects of wetlands management, please contact the local MNR district office or the Natural Resources Information Centre, Room M1-73, Macrionald Block, 900 Bay Street, Toronto, Ontario, M7A 2C1, telephone (416) 314-2225. For more information about the Wetlands Policy, please contact: Doug Hagan Ministry of Natural Resources Wildlife Policy Branch TORONTO (416) 314-1051 Heather Jamieson Ministry of Natural Resources Corporate Policy and Planning TORONTO (416) 314-1943 Curt Halen Ministry of Municipal Affairs Land Use Policy Section TORONTO (416) 585230 _ 5h5 Questions and Answers Wetlands Planning Policy 1. What is this policy all about' . This is a provincial policy statement, Y..~•ared under Section 3 of the Planning Act, that establishes wetlands as a matter of r.., rincial interest in municipal planning. This is one means by which the province will ensure that wetlands are identified and adequately protected through the land-use planning process, in its pursuit of no loss of provincially significant wetlands. 2. Why is it necessary? We have lost more than 75 per cent of our wetlands south of the Canadian Shield in this century due to various kinds of development. Even north of the Shield, wetlands are now coming under development pressure. Wetlands are important because. they sustain water quality and quantity, help to contml damage from flooding and erosion, produce valuable resource products, and sustain a wide range of recreational and tourism activities. Those activities are often based on the wide variety of plants and -animals--which rely on wetland .habitat, Beyond this, wetlands are integral parts of broad ecosystems of which humans are a l~• Much of the damage to provincially significant wetlands can be alleviated by control of development through careful land use planning. 3. What is a provincially significant wetland? A provincially significant wetland is a Class 1, 2 or 3 wetland, as defined in the wetlands evaluation system currently in use for that area of the province south of the Canadian Shield, or those wetlands identified by the Ministry of Natural Resources as provincially significant wetlands by means of an evaluation system developed specifically for other areas of the province. 'The wetland evaluation system is a standardized system of measuring features and functions of wetlands in order to achieve a ranking system of relative value of one wetland against another. The evaluation system is based on the biological, social, - 1]ytlrt~iUgit;di iuttl ,~,.al f~tu.~ sf t#e-ate:.. ~'g ~v-ali2hlP at _ • MNR d1stIlCt Offi~CeS. 5 F~ 7 Wetlands Policy - Quesrions and Answers Adjacent lands are defined in this policy as those lands within 120 metres of an individual wetland area, as well as all lands connecting individual wetland areas within a wetland complex. Development may be permitted on adjacent lands only if impacts vn the wetland are av,„:1„1.~ The test of this will be the assessment of predicted impacts through an environmental impact study (F,IS). 8. What is A wetland evaluation and how is it done? Wetland evaluation is a standardized system of measuring 'features and functions of wetlands in order to achieve a ranking of relative value of one wetland against another. The result of an evaluation is a determination of the characteristics of the wetland (its contents, features, boundary, etc.) and classification of the wetland (provincially significant or not provincially significant). 9. Is the evaluation system reliable? The system for evaluation of wetlands south of the Canadian Shield. has been shown to be reliable through repeated testing and comparison. of results and through a process of evaluating approximately 2600 wetlands. The system will be revised from time to time to incorporate new science, which is developing rapidly in this field. The system for that area of the province north of the south edge of the Shield will be -ready for implementation in 1992. 10. How do I find out about wetland evaluations that might affect me? People who evaluate wetlands (usually staff of the Ministry of Natural Resources) contact owners of wetlands during the evaluation process and ~P them informed of the evaluation and its results. However, owners of wetlands are not always easily identifiable. Property boundaries, for example, are not apparent in some wetlands, fences may not exist, and ownership of water-edge property is not always clear. Also, ' many landowners do not live in Ontario and may be difficult to contact. Therefore, if a landowner has a wetland on his/her property that may have been evaluated e.g, a wetland that is over 2.2 hectares (or 10 acres) in size, that person may inquire at the nearest District Office of the Ministry of Natural Resources to determine evaluation results. 5~9 3 Wetlands Policy - Quesrions and Answers The guidelines were intended for interim use in the planning process and for public . comment. An intern~inisterial working group consisting of staff from the Ministries of Natural .Resources, Municipal Affairs, Agriculture and Food, and Environment, was formed to analyze the response and prepare subsequent drafts of the policy for Government approval. Drafts of the policy were issued in 1989 and again in 1991, for comment by municipalities, planning jurisdictions, other ministries, other governments, and the public Interest getups and professional associations have provided key assistance in this process. 14. Is this policy the work of the Ministry of Natural Resources alone? Has there been any coordination with other ministries? Development of the various drafts and the final policy has been the work of an interministerial working group consisting of staff from the Ministries of Natural Resources, Municipal Affairs, Agriculture and Food, and Environment. All ministries of the Provincial Government were consulted in the approval stages for each draft. Environment Canada has also been consulted in the policy development process and was a partner in development of the southern evaluation system. 15. Is this policy the only wetland protection measure that we have? No. The policy is a part of a comprehensive program of wetland conservation. This program has a planning component, of which this policy is a significant and essential part. Plan input and review and land-use and resource management planning are other components that occur within the Ministry of Natural Resources. In addition, wetlands that are being threatened may be secured by a variety of means including landowner agreements, landowner stewardship or, if necessary, acquisition. Owners of provincially significant wetlands may apply for taz rebates under the Ontario's Conservation Land Act and Land Taz Reduction Program. Details on how to apply for rebates may be obtained from local offices of the Ministries of Natural Resources or Municipal Affairs. _ 571 5 Wetlands Policy -Questions and Answers In the Boreal Region (see map), the policy directs that development be permitted within a provincially significant wetland only if it meets the first three criteria listed above, ~ as demonstrated by. an environmental impact study, The policy makes a distinction between B,,.~l and Great Lakes-St. Lawrence Regions in permitting development. The Guidelines provided that Class 1 and 2 wetlands were wetlands of provincial significance, and that Class 3 wetlands were regionally significant. The policy now provides that Class 1, 2, and 3 wetlands, as defined by "an Evaluation System for wetlands of Ontario south of the Precambrian Shield", are provincially significant, and also those wetlands identified as provincially significant through other evaluation systems developed for other areas of the province. - 17. Why not have a policy that states that development not be permitted on adjacent lands? . This would be unreasonable. Some development can occur on some adjacent lands without negatively affecting the wetland. Some development may be necessary in order for people to fully benefit from the features of a wetland. The implementation guidelines will detail how this can occur and what will be examined in environmental ....impact study. -Some-lands-connectil~a .vetland -areas within a wetland complex -are very extensive, forming large portions of some counties. Again, excluding development completely from these areas would not be scientifically justifiable or socially and economically acceptable. . 18. Why are provincially significant wetlands in the Boreal Region treated differently than provincially significant wetlands in the Great Lakes -. St. Lawrence Region, and why was this boundary chosen? At this time, the extent and distribution of provincially significant wetlands in the Boreal region of northern Ontario is unknown. In order to maintain the option of social and economic development in the Boreal Region, a region in which wetlands are particularly well distributed, but which has a relative lack of economic opportunities, it was decided that development in a provincially significant wetland might occur, given rigorous scrutiny of each proposal in an environmental impact study proce,SS. t~ ~ 3 7 Wetlands Policy -Questions and Anrr~ers 22. How does this policy affect approvals that have already been given? .The policy must be. considered if further Planning is necessary, or further changes are ne+xssary in the municipal planning Process, or other approvals are required. Please contact your municipality, your local MNR office, or MMA offices listed at the back of the policy statement, for information on the particular wetland in Question. 23. How does the policy affect drainage? Drainage for the purposes of farming or municipal drainage is controlled under separate legislation. This policy does not supersede or take priority over other policies or legislation. However, drainage as a part of other development will be affected. 24. How does the policy affect farming on adjacent lands? In most cases, established farming or agriculture is recognized as an existing use. The policy is relevant only when there is a change of zoning contemplated, or a change in the Official Plan: We will continue to encourage farmers to protect wetlands, consistent with good soil and water management practices, but in most cases, established agricultural activities and the structures usually associated with them are specifically permitted in adjacent lands by the policy, without an environmental impact tudy. 25. Are wetlands other than provincially significant wetlands important and how might they be protected? A good many of them are important. They do not rate high enough t;o be provincially significant, but they may be very valuable locally. The policy encourages municipalities and other planning jurisdictions to protect these wetlands as well, and wherever the province has information on these lands, it will place it at the disposal of the municipalities and provide planning advice. . -~ r / J~ 9 Wetlands Policy -Questions and Ansx~ers 29. How does this policy compare with Canada's Policy on wetland eonser®ation? The Federal Government has been in the process of developing a wetland conservation strategy for at least six years. The Federal strategy advocates the promotion of wetland conservation through the maintenancx of wetland functions and values, through no net loss of wetland functions on all federal wetlands, enhancement and rehabilitation in areas of high loss, sound planning, and securement. The mandate of the Federal Government to implement such a policy lies in being a major landowner in Canada and the social, economic, and environmental programs through which it may implement such strategies. The federal strategy comes at an opportune time since provincial policies do not apply to federal lands or activities. Because it has not attempted to evaluate wetlands of national significance, the Federal Government has chosen a "no net loss of wetland function" approach, in contrast to Ontario's "no loss of wetlands of provincial significance". 30. If development is constrained, will affected landowners be compensated? There are no plans to..compensate. anyone fog dypropriate-use of land. The planning:. authority has a responsibility in law to plan for the environmental as well as economic and social well-being of its community. This does not constitute an unwarranted "taking" of the land by the planning authority. Instead it leaves an appropriate legacy of land for future generations. 31. Does this policy apply to government operations as well as the private sector? Yes. The Provincial Government and its agencies are required to have regard for the policy, and to consider all alternatives in locating new facilities or utilities. While this may not always be possible, it has been the common practice to comply with this policy since the inception of the 1984 Guidelines. l 11 M 1 ~Oi~N~ARY EETWEEN KEY WETLAND REGIONS OF ONTARIO Hudson Bay O /cores eoy j Moosonee . N • Kenos Geraldton Fort Frances ~ BOREAL REGtON ~ Timmins Thunder Bay • • ' Wawa • Kirkland Lake • Chapleau Iake Su,,.. • Gogama • , ' . ~ • T~agami Sudbury r Sauh Ste. Marie • • North Bay Boa BEAT LAKES - , S .LAWRENCE Ottawa RE ION • Minden Boundary - H~ • Midhurst 0 200 l ~ Toronto ~ ~ ~ Hamilton London • Windsor Cake Erie - 579 SUMMARY OF ATTACHMENT #3 WETLANDS POLICY STATEMENT POLICY DRAFT POLICY APPROVED POLICY General Policies 1. All planning 1. All planning jurisdiction, including jurisdictions, including municipalities and planning municipalities, planning boards consider the boards and resource implications of actions on management bodies with the protection of the province shall Provincially Significant protect Provincially Wetlands. Significant Wetlands. 2. Where such wetlands have been identified all such planning jurisdictions shall incorporate policies to protect wetlands into planning documents. 3. All planning jurisdictions are encouraged to protect all ,l other Wetlands that are j~ not provincially E significant. The Great Lake - St. 1. Within Provincially 1. Within Provincially Lawrence Region Significant Wetlands Significant wetlands, construction, alteration of development shall not be structures ...and site g~«uing permitted (~~~~ludi,~y ~he- is generally prohibited. erection of any New land uses are permitted structures, site grading provided it does not result and filling, and drainage in the loss of the function works). of wetland area and does not create a negative impact at the time of its implementation or in the future. 2. A "wetland complex" is 2. Lands connecting an area identified as individual wetlands having two or more wetlands within a "wetland that are related in a complex" are considered functional manner. New adjacent lands (see development and compatible below). land uses are permitted on lands separating the wetlands provided it does not result in the loss of its function. 5~1 POLICY DRAFT POLICY APPROVED POLICY 3. Within 120 metres from 3. Within 120 metres a Provincially Significant adjacent to Provincially Wetland development and Significant Wetlands compatible land uses which (including those lands do not result in loss of within a "wetland wetland area or its complex") development is function is permitted. permitted provided it can be demonstrated through an Environmental Impact Study (EIS) that the following does not occur: • loss of function of wetlands or of wetland areas • subsequent demand for future development will negatively impact on existing functions of a wetlands development of adjacent lands do not conflict with existing site specific wetland management practices. 4. Agricultural Activities such as ploughing, seeding, harvesting, grazing,.... animal husbandry, building structure associated with agricultural operation is permitted without an EIS. Utilities/Facilities 1. New public 1. Same utilities/facilities are encouraged to locate outside Provincially Significant Wetlands wherever possible. Approval authorities shall ensure negative impacts on wetland functions are minimized when reviewing proposals to construct transportation communications, sanitation and other such uses. .')~2