Shoreline alteration and tree protection by-law public consultation

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UPDATE: March 11, 2024 - Approved Site Alteration and Tree Conservation By-law

We are pleased to announce the approval of both a Site Alteration By-law and a Tree Conservation By-law, marking a significant advancement in our commitment to environmental stewardship. Through a lens prioritizing environmental conservation, these by-laws represent a careful balance between development needs and the preservation of our natural resources.

By implementing regulations that govern site alterations and protect our tree canopy, we are ensuring the sustainability of our shorelines and naturally sensitive areas. This achievement reflects the diligent collaboration among stakeholders, including community members, local trades and environmental advocates, who have worked tirelessly to uphold these important measures.

As we move forward, we remain dedicated to fostering a sustainable environment that enhances our quality of life and safeguards our natural heritage for future generations. We thank all those involved for their dedication to this vital cause.

Staff are preparing illustrations and handouts to assist in the understanding of these technical documents.

Site Alteration

Tree Conservation

Scope

- 60 metres from the water’s edge

- EP and EP1 zones

- 20 metres from the water’s edge

- EP and EP1 zones

Protection of Riparian Zone

- a 5-metre area surrounding a lake with higher protection standards (unless a structure is already permitted by Zoning).

Walkways

- a maximum width of 2 metres and made of natural materials

- they are only permitted in the riparian area if they directly connect to a boathouse or dock

Patios

- Patios of 28 square metres are permitted for lots with a frontage of 90 metres or less, and 40 square metres for lots with a frontage of more than 90 metres, but filling for a patio is not permitted in the riparian area.

Blasting

- blasting is more strictly enforced within 20 metres of the shoreline and only permitted for foundations under existing dwellings. It is prohibited for any new building within 20 metres of the shoreline.

n/a

Other Exemptions

- existing beaches and features can be maintained/repaired.

Exemptions

- marinas

- commercial land uses in settlement areas

- when a building permit has been issued


UPDATE: January 31, 2024 Council Meeting - Site Alteration Deferred to Increase the Scope to 60 Metres

Council considered the site alteration by-law on January 15, 2024, but decided to defer a decision so the scope could be increased from 20 metres to 60 metres (measured from the edge of the shoreline).

Both the tree-cutting by-law (at a scope of 20 metres from the shoreline) and the site alteration by-law (at a scope of 60 metres from the shoreline) should return to Council in March for a decision.

UPDATE: December 13, 2023 - Proposed Revision to Site Alteration By-law

A final draft of the site alteration by-law has been prepared for Council's consideration. The tree-cutting by-law is still under legal review, but will be uploaded shortly.

Both by-laws will be before Council in early 2024.

UPDATE: August 22, 2023 - Proposed Revision to Shoreline By-laws

In accordance with Council Resolution 2023-208, further revisions to the shoreline by-laws have been proposed. After extensive public engagement, Council has provided the following directives:

1. Removal of Tree Cutting Prohibitions: The prohibitions related to the Migratory Birds Convention Act and the Endangered Species Act concerning tree cutting are to be removed.

2. Island Coverage: Islands will not be subject to the by-laws in their entirety.

3. Reduction in Scope: The scope of the by-laws has been reduced from 60 meters to 20 meters from the water’s edge, as well as Environmental Protection zones.

4. Increased Tree Diameter: The minimum diameter of trees exempt from regulations has been increased from 1 inch to 3 inches.

5. Blasting Prohibition: The requirement for Council approval to blast under existing, legally constructed buildings within 20 meters of the shoreline has been removed.

The latest versions of these by-laws, as of August 22, 2023, are available in PDF format, reflecting these recent changes.

Draft Tree Conservation By-law August 22, 2023

Draft Site Alteration By-law August 22, 2023

Please note that these by-laws are currently undergoing legal review and may be subject to further modifications. Once the review process is complete, draft versions will be submitted to Council for their consideration.




UPDATE: June 1, 2023 - Deadline for comment is now extended to June 9, 2023

Seguin Township's first public draft of the new shoreline by-laws are now ready for review. Specifically, shoreline by-laws are the Township's tree cutting and site alteration by-laws. Our goal is to protect the natural environment and promote responsible, orderly development along our shores.

These first drafts are aimed at achieving these objectives. While these drafts may require minor clerical and/or formatting refinements, we are eager to receive feedback from the public regarding the overall direction of the by-laws.

We have established a two-week commenting period. Your input is valuable to us. Public commenting will close June 9, 2023. During this time, we invite you to review these documents and the chart below. Please send your comments and feedback on the proposed changes as well as any additional aspects you believe should be addressed to planning@seguin.ca.

To facilitate public input and ensure transparency, we have provided the following table to highlight key changes proposed in the draft by-laws.

Please keep in mind that these by-laws are still in the evaluation stage and are subject to revision based on public response. Your input is critical in helping us to make informed decisions and potentially incorporate further changes before the by-laws are presented for approval by Council.

Thank you for taking the time to engage in this important process. Your contributions play a vital role in shaping the final version of the shoreline by-laws, ensuring they strike the right balance between environmental preservation and responsible development.

We look forward to receiving your input. Together, let's create shoreline by-laws that benefit our community and safeguard our natural environment.

Please submit comments to planning@seguin.ca


Subject

Existing 2008 By-laws

Proposed Change

Flexibility

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


No defined application process.

Shoreline by-laws exceptions will require a permit to alter lands unless either a Building Permit, planning approval or permit has been issued.


The permitting process is outlined in the by-law. Staff review some permits, and Council others (such as blasting within 20m of the water’s edge).

Scope – shoreline area

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

Shoreline by-laws will apply to areas 60 metres from the high-water mark with enhanced restrictions 20 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 the entirety of islands or water access only properties in their entirety.

Scope – Environmental Protection

zones

The by-laws apply to Environmental Protection zones

No proposed change.

No Tree Cutting Season

Not governed.

Due to the Endangered Species Act and the Migratory Birds Convention Act, it is proposed that cutting be restricted between April 1 to September 30.

Riparian Area (within 5 m of water’s edge)

Not governed.

Specifically protects this area from alteration and change.

As-of-Right Exemptions:

Patio/Fire Pit Exemptions

Considered as ‘minor landscaping’ and subject to a 10% removal permission.


Difficult to interpret and implement as it is not specific.

Permitted as-of-right for an area of 28 sq m on lots with less than 90 metres of frontage, and 40 square metres on lots with more than 90 metres of frontage. Can be constructed of dry laid natural stone or other permeable materials Concrete or other poured materials are not permitted.


Walkway Exemptions

Considered as ‘minor landscaping’ and subject to a 10% removal permission.


Difficult to interpret and implement as it is not specific.

Permitted as-of-right for a maximum width of 2 metres, and can be dry laid natural stone or other permeable materials. Concrete or other poured materials are not permitted.


Site Alteration and Tree Removal

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


Difficult to interpret and implement as it is not specific.

Is not permitted until a building permit or planning approval is given to avoid properties being disturbed for long periods in advance of construction.

Clearing around Existing Buildings

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

Between 20-60 metres, it is permitted within 3 metres of a building/septic.


Between 0-20 metres it is permitted within 1.5 metres of permitted buildings.


Blasting shall be explicitly prohibited within 20 metres of the high-water mark of a Navigable Waterway for any new development

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 condition that an arborist is consulted and written verification is acquired to verify that the removal was necessary. This report must be available upon request. Alternatively, clear photographic evidence is required to prove the hazard.

Driveways and Beaches

Existing can be maintained.

Driveways are permitted provided there is an entrance permit granted per the Township’s entrance by-law.


Existing or naturally occurring beaches can be maintained.

Landscaping beyond 20 m

Not governed

Permitted, provided there is not stormwater runoff or negative impacts, and it is for Landscaping purposes, as defined under the By-law.

Enforcement:

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

  • Every person who contravenes the provisions of any section of this By-law, is guilty of an offence under the provisions of the Municipal Act, 2001, as amended, and is liable on conviction to a maximum penalty that shall not exceed $100,000 exclusive of costs under the provisions of the Municipal Act, 2001, as amended.


  • Set fines and short-form wording (Part I offences) will be proposed in addition to maximum penalties under the Provincial Offences Act (Part III offences).


  • The Provincial Offences Act provides for the establishment of set fines which are established by the Chief Justice of the Ontario Court of Justice upon recommendation from the Attorney-General.

UPDATE: March 11, 2024 - Approved Site Alteration and Tree Conservation By-law

We are pleased to announce the approval of both a Site Alteration By-law and a Tree Conservation By-law, marking a significant advancement in our commitment to environmental stewardship. Through a lens prioritizing environmental conservation, these by-laws represent a careful balance between development needs and the preservation of our natural resources.

By implementing regulations that govern site alterations and protect our tree canopy, we are ensuring the sustainability of our shorelines and naturally sensitive areas. This achievement reflects the diligent collaboration among stakeholders, including community members, local trades and environmental advocates, who have worked tirelessly to uphold these important measures.

As we move forward, we remain dedicated to fostering a sustainable environment that enhances our quality of life and safeguards our natural heritage for future generations. We thank all those involved for their dedication to this vital cause.

Staff are preparing illustrations and handouts to assist in the understanding of these technical documents.

Site Alteration

Tree Conservation

Scope

- 60 metres from the water’s edge

- EP and EP1 zones

- 20 metres from the water’s edge

- EP and EP1 zones

Protection of Riparian Zone

- a 5-metre area surrounding a lake with higher protection standards (unless a structure is already permitted by Zoning).

Walkways

- a maximum width of 2 metres and made of natural materials

- they are only permitted in the riparian area if they directly connect to a boathouse or dock

Patios

- Patios of 28 square metres are permitted for lots with a frontage of 90 metres or less, and 40 square metres for lots with a frontage of more than 90 metres, but filling for a patio is not permitted in the riparian area.

Blasting

- blasting is more strictly enforced within 20 metres of the shoreline and only permitted for foundations under existing dwellings. It is prohibited for any new building within 20 metres of the shoreline.

n/a

Other Exemptions

- existing beaches and features can be maintained/repaired.

Exemptions

- marinas

- commercial land uses in settlement areas

- when a building permit has been issued


UPDATE: January 31, 2024 Council Meeting - Site Alteration Deferred to Increase the Scope to 60 Metres

Council considered the site alteration by-law on January 15, 2024, but decided to defer a decision so the scope could be increased from 20 metres to 60 metres (measured from the edge of the shoreline).

Both the tree-cutting by-law (at a scope of 20 metres from the shoreline) and the site alteration by-law (at a scope of 60 metres from the shoreline) should return to Council in March for a decision.

UPDATE: December 13, 2023 - Proposed Revision to Site Alteration By-law

A final draft of the site alteration by-law has been prepared for Council's consideration. The tree-cutting by-law is still under legal review, but will be uploaded shortly.

Both by-laws will be before Council in early 2024.

UPDATE: August 22, 2023 - Proposed Revision to Shoreline By-laws

In accordance with Council Resolution 2023-208, further revisions to the shoreline by-laws have been proposed. After extensive public engagement, Council has provided the following directives:

1. Removal of Tree Cutting Prohibitions: The prohibitions related to the Migratory Birds Convention Act and the Endangered Species Act concerning tree cutting are to be removed.

2. Island Coverage: Islands will not be subject to the by-laws in their entirety.

3. Reduction in Scope: The scope of the by-laws has been reduced from 60 meters to 20 meters from the water’s edge, as well as Environmental Protection zones.

4. Increased Tree Diameter: The minimum diameter of trees exempt from regulations has been increased from 1 inch to 3 inches.

5. Blasting Prohibition: The requirement for Council approval to blast under existing, legally constructed buildings within 20 meters of the shoreline has been removed.

The latest versions of these by-laws, as of August 22, 2023, are available in PDF format, reflecting these recent changes.

Draft Tree Conservation By-law August 22, 2023

Draft Site Alteration By-law August 22, 2023

Please note that these by-laws are currently undergoing legal review and may be subject to further modifications. Once the review process is complete, draft versions will be submitted to Council for their consideration.




UPDATE: June 1, 2023 - Deadline for comment is now extended to June 9, 2023

Seguin Township's first public draft of the new shoreline by-laws are now ready for review. Specifically, shoreline by-laws are the Township's tree cutting and site alteration by-laws. Our goal is to protect the natural environment and promote responsible, orderly development along our shores.

These first drafts are aimed at achieving these objectives. While these drafts may require minor clerical and/or formatting refinements, we are eager to receive feedback from the public regarding the overall direction of the by-laws.

We have established a two-week commenting period. Your input is valuable to us. Public commenting will close June 9, 2023. During this time, we invite you to review these documents and the chart below. Please send your comments and feedback on the proposed changes as well as any additional aspects you believe should be addressed to planning@seguin.ca.

To facilitate public input and ensure transparency, we have provided the following table to highlight key changes proposed in the draft by-laws.

Please keep in mind that these by-laws are still in the evaluation stage and are subject to revision based on public response. Your input is critical in helping us to make informed decisions and potentially incorporate further changes before the by-laws are presented for approval by Council.

Thank you for taking the time to engage in this important process. Your contributions play a vital role in shaping the final version of the shoreline by-laws, ensuring they strike the right balance between environmental preservation and responsible development.

We look forward to receiving your input. Together, let's create shoreline by-laws that benefit our community and safeguard our natural environment.

Please submit comments to planning@seguin.ca


Subject

Existing 2008 By-laws

Proposed Change

Flexibility

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


No defined application process.

Shoreline by-laws exceptions will require a permit to alter lands unless either a Building Permit, planning approval or permit has been issued.


The permitting process is outlined in the by-law. Staff review some permits, and Council others (such as blasting within 20m of the water’s edge).

Scope – shoreline area

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

Shoreline by-laws will apply to areas 60 metres from the high-water mark with enhanced restrictions 20 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 the entirety of islands or water access only properties in their entirety.

Scope – Environmental Protection

zones

The by-laws apply to Environmental Protection zones

No proposed change.

No Tree Cutting Season

Not governed.

Due to the Endangered Species Act and the Migratory Birds Convention Act, it is proposed that cutting be restricted between April 1 to September 30.

Riparian Area (within 5 m of water’s edge)

Not governed.

Specifically protects this area from alteration and change.

As-of-Right Exemptions:

Patio/Fire Pit Exemptions

Considered as ‘minor landscaping’ and subject to a 10% removal permission.


Difficult to interpret and implement as it is not specific.

Permitted as-of-right for an area of 28 sq m on lots with less than 90 metres of frontage, and 40 square metres on lots with more than 90 metres of frontage. Can be constructed of dry laid natural stone or other permeable materials Concrete or other poured materials are not permitted.


Walkway Exemptions

Considered as ‘minor landscaping’ and subject to a 10% removal permission.


Difficult to interpret and implement as it is not specific.

Permitted as-of-right for a maximum width of 2 metres, and can be dry laid natural stone or other permeable materials. Concrete or other poured materials are not permitted.


Site Alteration and Tree Removal

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


Difficult to interpret and implement as it is not specific.

Is not permitted until a building permit or planning approval is given to avoid properties being disturbed for long periods in advance of construction.

Clearing around Existing Buildings

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

Between 20-60 metres, it is permitted within 3 metres of a building/septic.


Between 0-20 metres it is permitted within 1.5 metres of permitted buildings.


Blasting shall be explicitly prohibited within 20 metres of the high-water mark of a Navigable Waterway for any new development

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 condition that an arborist is consulted and written verification is acquired to verify that the removal was necessary. This report must be available upon request. Alternatively, clear photographic evidence is required to prove the hazard.

Driveways and Beaches

Existing can be maintained.

Driveways are permitted provided there is an entrance permit granted per the Township’s entrance by-law.


Existing or naturally occurring beaches can be maintained.

Landscaping beyond 20 m

Not governed

Permitted, provided there is not stormwater runoff or negative impacts, and it is for Landscaping purposes, as defined under the By-law.

Enforcement:

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

  • Every person who contravenes the provisions of any section of this By-law, is guilty of an offence under the provisions of the Municipal Act, 2001, as amended, and is liable on conviction to a maximum penalty that shall not exceed $100,000 exclusive of costs under the provisions of the Municipal Act, 2001, as amended.


  • Set fines and short-form wording (Part I offences) will be proposed in addition to maximum penalties under the Provincial Offences Act (Part III offences).


  • The Provincial Offences Act provides for the establishment of set fines which are established by the Chief Justice of the Ontario Court of Justice upon recommendation from the Attorney-General.
Page last updated: 13 Mar 2024, 08:14 AM