Shoreline alteration and tree protection by-law public consultation

Subject

Current status

Proposed Change

Flexibility

Shoreline by-laws are flexible. Council may grant exceptions.

Shoreline by-laws exceptions will require a permit to alter lands unless either a Site Plan Approval or a Building Permit has been issued.

Scope – shoreline area

Shoreline by-laws apply to areas 20 metres from the high water mark.

Shoreline by-laws will apply to areas 91.4 metres from the high water mark.

Scope – islands

Shoreline by-laws apply to areas 20 metres from the high water mark.

Shoreline by-laws will apply to islands in their entirety.

Scope – Environmental Protection zones

The by-laws apply to Environmental Protection zones

No proposed change.

Tree + vegetation protection

A maximum of 10% of trees/vegetation can be removed from the area 20 metres from the high water mark.

A maximum of 10% of trees/vegetation can be removed from within 20 metres of the high water mark. This will be apply to all fire pits, shoreline access paths, and for other permitted uses/structures.

Hazardous trees

Dead and hazardous trees can be removed without a permit.

Dead and hazardous trees can be removed without a permit, but with the recommendation that an arborist is consulted and written verification is acquired to verify that the removal was necessary.

Shoreline exemptions for alteration in proximity of legal buildings, sewage disposal system or for safety

Alterations are permitted within 3 metres of legal buildings, structures, or sewage disposal systems for safety purposes or when grading is required.

No proposed change.

Site Alteration and Blasting

Applies to within 20 metres of the shoreline. Blasting is prohibited and only permitted for public utilities. There are no private exemptions.

No change to prohibiting of blasting within 20 metres of the shoreline

A prohibition of blasting within 30 metres of the shoreline for new development.

Existing development between 20 and 30 metres requires special consideration. It should only be permitted when ancillary to an existing legal building for foundation/drainage purposes.

Site alteration for manmade beaches and shoreline patios

Minor maintenance and landscaping for existing features is permitted.

New manmade beaches, fire pits, shoreline clearings, or shoreline patios are to be more defined.

Fire Pit/Patio Requirements

Permitted under the 10% threshold.

- One fire pit/patio area is permitted within the 20 metre shoreline buffer.

- The maximum area of the fire pit/patio shall be 18.6 square metres, but shall not exceed 10% tree removal (cumulatively).

- Blasting shall not be permitted to install a fire pit/shoreline patio.

- Must be setback a minimum of 5 metres from the water’s edge.

Shoreline Access

Permitted as “minor landscaping”.

A maximum shoreline access path width of 1.25 metres is permitted to docks, boathouses and fire pits.

Special consideration is required for the development of water access only properties.

Consideration by Council for Relief from the By-law

The current by-law is fairly permissive when applying for relief.

Applications for relief/exemptions should have clear requirements.

Requests may require a site evaluation report, detailed plans, vegetation analysis and storm water management report.

Exceptions to these requirements can be provided by Council.

Penalties

- min $500, max $10,000 (corporation $50,000) on first conviction

- min $500 and max $25,000 (corporation $100,000) on a subsequent conviction

- The maximum permissible penalties can be adopted in the By-law under which the Municipal Act permits (up to $100,000).

- Set fines/ticketable offenses can be explored in addition to maximum penalties under the Provincial Offences Act (Part 1 offense) for minor offences.

- It is worth noting that it is the jurisdiction of the courts to set the actual offence amount. The municipality can seek a maximum, but it is not the municipality’s role to decide the penalty.