Permits Under Ontario Regulation 166/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses
Do I Need A Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit From the Conservation Authority?
Under Ontario Regulation 166/06 - [33K] , the Toronto and Region Conservation Authority regulates and may prohibit work taking place within valley and stream corridors, wetlands and associated areas of interference and the Lake Ontario waterfront. If your property is regulated, you must apply for a permit from the Conservation Authority in order to do any of the following works:
Where Development is defined as:
How Do I Confirm that My Property is Regulated?
Most of the lands regulated by the Conservation Authority have been mapped in detail. The Regulation Limit mapping, which shows the Authority's Regulated Areas is available through our head office.
If you live close to a stream, river, valley, or watercourse of any kind, a wetland or on the waterfront, and you wish to determine if your property is affected by Ontario Regulation 166/06 or other TRCA policies and programs, contact Planning and Development at the Conservation Authority. Please be prepared with a legal description of your property (e.g. municipal address, lot and concession lines, plan or block number) and a location map. If you want written confirmation and a detailed review of how your property is affected by our regulation, we also provide a Property Inquiry Service for a fee.
How Do I Apply for a Permit?
What Happens to My TRCA Permit Application?
Your Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit application will be assessed to determine whether the proposed works will affect the control of flooding, erosion, dynamic beaches, pollution or the conservation of land. Recommendations will be forwarded to the Executive Committee of the TRCA, who will decide whether to approve or refuse the application. Before refusing an application, however, the Executive Committee will notify the applicant and hold a hearing to which the applicant or his/her agent shall attend. Upon hearing the submission of the applicant/agent and reviewing other information submitted, the Executive Committee will make its final decision. If refused, the applicant will be notified of the reasons in writing. Within the 30 days of receipt of the Notice of Refusal, the applicant may appeal to the Mining and Lands Commissioner who may dismiss the appeal or grant permission.
To ensure that your permit application is reviewed in time to be included on the agenda, please ensure that your complete permit application is submitted 8-10 WEEKS prior to the scheduled Executive Committee date.
Why is Regulation 166/06 Important?
Ontario Regulation 166/06 is important because it protects watercourses, wetlands, shorelines and valley lands, and it protects you and your neighbours throughout the watershed. Regulation 166/06 enables us to contribute to the health and integrity of the regional greenspace system and to maintain or improve the hydrological and ecological functions performed by valley and stream corridors. These corridors are important for groundwater recharge and discharge; they provide fish and wildlife habitat; contain rich archaeological and natural heritage resources; and they improve air quality.
In addition, Regulation 166/06 ensures that works within the regulated areas will not create a hazard to life and property in other parts of the watershed. Every year, the Toronto region experiences severe storms and periodic flooding. Unrestricted development within a floodplain increases the risk of "loss of life, personal injury, and property damage." Fill placed on a valley or bluff slope can aggravate existing erosion problems or create new ones. Development can also affect neighbouring properties by changing the physical characteristics of the floodplain and stream. Likewise, unrestricted development along the Lake Ontario waterfront may be damaged by flooding due to high lake levels and severe wave action.
Works requiring authorization from the Department of Fisheries and Oceans
Section 35(1) of the federal Fisheries Act states that "no person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat" [HADD]. Any proposed works that are likely to alter or damage fish habitat must be reviewed and authorized by the Department of Fisheries and Oceans (DFO). The TRCA has a level 3 agreement with DFO, which means that the Authority screens and processes applications for DFO. During the review of a development or permit application, TRCA staff may find that there is a possibility of a HADD. The TRCA will either: 1) advise the applicant on how to avoid any damage to fish habitat; 2) advise the applicant on procedures for mitigating the impacts on fish habitat by redesigning the project to lessen the effects; or 3) prepare a compensation package which will require authorization from DFO.