What is Ontario Regulation 167/06?
Please be advised: Plan Review and Permitting Services staff will not be available for consultations on April 5th and April 6th, 2018.
Otonabee Conservation’s regulation under Section 28 of the Conservation Authorities Act, is known as Ontario Regulation 167/06. The full title of the Regulation is Otonabee Region Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. The Minister of Natural Resources and Forestry approved Ontario Regulation 167/06 on May 4, 2006. The main objectives of Ontario Regulation 167/06 are to ensure public health and safety and the protection of life and property with respect to natural hazards.
What is Regulated?
Permission from Otonabee Conservation is required for proposed development in water-related hazard areas such as river or stream valleys (including lake shorelines), wetlands or other hazardous lands. Specifically, regulated areas include:
- River or stream valleys
- Wetlands (including swamps, marshes, fens and bogs)
- Areas of interference with a wetland
- Erosion hazards
- Unstable soils or bedrock
- Rivers, creeks, streams or watercourses
The approximate extent of the regulated area is identified by the Regulation Limit (also known as the Development Control Area). In our watershed, the Regulation Limit (Development Control Area) has been mapped in accordance with provincial guidelines. However, it is very important to realize the mapped limit is a tool and that the written description found in the Regulation itself dictates the extent of the regulated area. Please contact Otonabee Conservation directly to determine if your property is regulated.
What are Regulated activities?
Regulated activities under the Ontario Regulation 167/06 include:
- Interference with wetlands or
- Alterations to river, creek, stream or watercourse channels
Development is defined very broadly and includes:
- The construction, reconstruction, erection or placing of building of any kind,
- Any change to a building or structure that would have the effect of altering the use or potential use of the building or structure
- Any change to a building or structure that would increase its size or structure or would increase the number of dwelling units in the building or structure,
- Site grading, or
- The temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere.
Ponds for the specific purpose for watering livestock are not subject to Ontario Regulation 167/06 and do not require a permit.
Obtaining a Permit
If you think your property is regulated, please contact Otonabee Conservation directly so we can discuss your proposed project. If your proposal is a regulated activity in a regulated area, a permit is required. Permit application forms are available to download as well as from our office or via email or fax.
When submitting a permit application, please fill out and sign the form provided, and submit it along with four (4) copies of the required drawings (folded to 8 1/2″ by 11″ or 8 1/2″ by 14″) and other required information to Otonabee Conservation. Please note that Otonabee Conservation does not accept electronic submissions of permit applications.
Please submit your payment at the time you submit your completed permit application form. Payment can be made by credit card (VISA, MasterCard, American Express) at the office.
For your convenience, Otonabee Conservation is pleased to provide the following forms:
- Permit Application Package – for those who are applying for a permit for the very first time
- Landowner Authorization Form– to be submitted when an agent is acting on behalf of the landowner
- Permit Application Form
- Inquiry Form
Provided below is a diagram illustrating how Otonabee Conservation staff process typical permit applications under Ontario Regulation 167/06. This process is discussed in greater detail in our Watershed Planning & Regulation Policy Manual and our Permit Application Package.
Otonabee Conservation is committed to reviewing and making decisions on permits in a timely fashion. We strive to make decisions on minor applications within 30 days and within 90 days on major applications. Major applications include those that are highly complex, require a full technical analysis and/or do not conform to existing policy.
Violations and Compliance with Approved Permits
All development, interference with a wetland or alteration to watercourse activities within a regulated area require permission from Otonabee Conservation. If permits are not obtained or if work is carried out that is not in keeping with the terms and/or conditions of the permit, the work is in violation of Ontario Regulation 167/06. Violations of the Act may be subject to a fine or imprisonment.
Otonabee Conservation is committed to working with landowners. Before any work is undertaken, all landowners are encouraged to contact us to obtain necessary approvals and are encourage to adhere to any conditions identified by Otonabee Conservation.
Other resources you may find informative, include:
Development, Interference and Alterations Regulations for all Conservation Authorities