Can I Build on Conservation Authority Regulated Land in Ontario?
Sometimes, but you usually need a permit first. Under the Conservation Authorities Act and its regulations, a conservation authority permit is needed for development and some other activities in regulated areas, including floodplains, shorelines, wetlands and watercourses. A municipal building permit may also be needed, and no building permit is issued until any needed zoning change or minor variance is approved.
A conservation authority must confirm within 21 days whether your application is complete. If it refuses a permit or adds conditions you do not accept, you can appeal to the Ontario Land Tribunal within 90 days of the decision, and you can also appeal if there is no decision within 90 days of a complete application. A Minister's review must be requested within 15 days of the decision.
Regulated areas and their limits vary by authority mapping, so before you buy, ask the local conservation authority whether the land is regulated and have a lawyer review your offer conditions. A dock or boathouse may also need a separate Ministry work permit, which a conservation authority permit does not replace.
Key takeaways
- A conservation authority permit is needed for development and some other activities in regulated areas, including floodplains, shorelines, wetlands and watercourses.
- If a permit is refused or conditions are added that you do not accept, you can appeal to the Ontario Land Tribunal within 90 days of the decision.
- A request for the Minister to review a permit decision must be made within 15 days, and the Minister's decision cannot be appealed to the Tribunal.
- A conservation authority or municipal permit does not replace a Ministry work permit for shore lands when one is required.