- A conservation authority permit is needed for development and some other activities in regulated areas such as floodplains, shorelines, wetlands and watercourses.
- If a permit is refused, or comes with conditions you do not accept, you can appeal to the Ontario Land Tribunal within 90 days of the decision.
- A conservation authority or municipal permit does not replace a Ministry work permit for shore lands when one is required.
If you own or are buying land near a lake, river, wetland or floodplain, you may find that a project as simple as a deck, a dock or a grading job needs approval from more than one office. One of those offices is often your local conservation authority.
This article explains in plain terms when a conservation authority permit is needed, how the process and appeals work, and why it matters before you buy or build. Your own property may be affected differently, so a lawyer can confirm the details.
When a conservation authority permit is needed
Under the Conservation Authorities Act and its regulations, a conservation authority permit is needed for development and some other activities in regulated areas. Those areas include floodplains, shorelines, wetlands and watercourses.
Whether your particular lot sits inside a regulated area is not something you can safely guess from the look of the land. Regulated-area limits, such as how far a boundary extends from a wetland, depend on the mapping of the individual authority. Ask the authority that covers your property to confirm.
The mapping and local practices can differ from one authority to the next, so what applied to a neighbour's property in another watershed may not apply to yours. How this applies depends on your situation, so it is worth confirming with the authority and a lawyer.
Other approvals you may also need
A conservation authority permit is only one layer. A municipal building permit is generally needed before you build a new structure, add to or renovate a building, change its use, or excavate or lay a foundation. A small shed of no more than 15 square metres can be exempt if it is one storey or less, not attached to any building or structure, used only for storage accessory to a principal building on the lot, and has no plumbing. Official sources describe the size threshold differently, and municipal by-laws and zoning still apply, so confirm with your municipality before you build.
If a project needs a zoning change or a minor variance, no building permit will be issued until that approval is obtained, and conservation authority or heritage approvals may also be needed.
If your project touches the shore itself, such as a dock or boathouse, a Public Lands Act work permit from the Ministry may be needed in some cases. A conservation authority or municipal permit does not replace a Ministry work permit for shore lands when one is required.
- Conservation authority permit, for development in regulated areas.
- Municipal building permit, for most construction, renovations and septic work.
- Ministry work permit, for some structures in contact with more than 15 square metres of Crown or adjacent shore lands, or for dredging or filling.
How the permit process and appeals work
A conservation authority must confirm within 21 days whether a permit 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. You can also appeal if there is no decision within 90 days of a complete application.
There is also a separate route. A request for the Minister to review a conservation authority permit decision must be made within 15 days of the decision. The Minister decides within 30 days whether to review, and the Minister's decision cannot be appealed to the Ontario Land Tribunal.
| Option | Time limit | Where it goes |
|---|---|---|
| Appeal a refusal or conditions | 90 days from the decision | Ontario Land Tribunal |
| Appeal for no decision | 90 days after a complete application | Ontario Land Tribunal |
| Minister's review request | 15 days from the decision | The Minister |
Because the Minister's route is short and its result cannot be appealed to the Tribunal, it is worth getting advice quickly if you are considering it.
What if work was already done without a permit?
This is a common worry for buyers, because a previous owner may have built a shed, added fill, or extended a deck without asking. Whether earlier unpermitted work affects you as the current owner depends on the facts, so it is worth confirming with the authority and a lawyer.
What the authority can do, and what penalties may apply, depends on the facts and on the authority's mapping, so it is best confirmed with a lawyer rather than assumed. For comparison, building without a required municipal permit is an offence under the Building Code Act, 1992, with fines of up to $50,000 for an individual on a first offence. Doing shore-land work without a required Ministry permit is also an offence.
If you are buying, it is much easier to raise these questions before closing than afterwards.
What to do next
- Find out which conservation authority covers the property and ask whether the lot, or the area where you plan to work, is regulated.
- Look at any existing structures, docks, fill or decks and ask whether permits were obtained.
- Check whether a municipal building permit, zoning approval or Ministry work permit is also needed.
- If a permit is refused or conditions are added, note the decision date straight away, because the appeal period is 90 days.
- Speak to a real estate lawyer before you sign a purchase agreement for land near water or wetlands.
Frequently asked questions
Do I need a conservation authority permit for a small project near a lake?
It depends on whether the land is in a regulated area and on what the work involves. Development and some other activities in floodplains, shorelines, wetlands and watercourses need a permit. Ask your conservation authority before you start.
Does a municipal building permit mean I am cleared to build?
Not necessarily. A building permit will not be issued until any required zoning approval is obtained, and conservation authority approvals may also be needed. A shore-lands work permit from the Ministry is separate again.
How long do I have to appeal a refused permit?
You can appeal a refusal, or conditions you do not accept, to the Ontario Land Tribunal within 90 days of the decision. If you ask the Minister to review instead, the request must be made within 15 days.
Can I get a permit decision if the authority does not respond?
If there is no decision within 90 days of a complete application, you can appeal to the Ontario Land Tribunal. The authority must also confirm within 21 days whether your application is complete.
Sources
- Ontario Citizen's Guide to Land Use Planning – Building permits — ontario.ca
- 2024 Building Code Compendium – Division C, Part 1 — ontario.ca
- Ontario – Permits under the Conservation Authorities Act — ontario.ca
- Ontario – Crown land and shore land work permits — ontario.ca
- Crown Land Management Policies: Public Lands Act work permits — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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