Biodiversity OffsettingLegislation and wetlands

NPCA’s RoleInformation Session – Balls Falls

January 27, 2016

LegislationConservation Authorities Act

• Ontario Regulation 155/06• NPCA Policies (October 2011)

Land Use Planning (Provincial & Municipal)• Planning Act

o Provincial Policy Statement• Niagara Escarpment Plan, Places to Grow and

Greenbelt • Municipal Official Plans

Conservation Authorities Act

• Section 28, Since May 2006, Conservation Authorities can regulate wetlands

• Staff can issue permits that meet tests of CA Act and policies adopted by NPCA Board

NPCA PoliciesPolicy 3.24. 1 allows for replacement structures, ponds, private roads, public infrastructure (except stormwater management) and Wetland Compensation and Reconfiguration for non-PSWs.

NPCA PoliciesPolicy 3.24.1(e) Wetland Compensation and Reconfiguration for non-PSWs(1) Where no reasonable alternative exists to locate a proposed development…the Authority may require that an area of wetland be created…subject to criteria

NPCA PoliciesPolicy 3.24.2 for existing lots of record where development cannot occur outside of a regulated wetland subject to criteria:• No Planning Act approvals required• 1 acre area allowed for development• Meets Health dept. requirements• EIS may be required to address

hydrologic function of the wetland

NPCA PoliciesCriteria for non-PSW compensation:i)No impact on sensitive species or species at riskii)No significant impact on hydrological or ecological functioniii)The area of wetland within the wetland feature will not be significantly reducediv) Supported by an EIS that is acceptable to NPCA and may require approval of NPCA Board

Planning Act & Provincial Policy Statement (PPS)

• (s.2)Have regard to matters of Provincial Interest, including the protection of ecological systems, including natural areas, features & functions

• (s.5,6)Decisions, comments, submissions or advice affecting planning matters shall be consistent with PPS & conform with Provincial Plans

Other Provincial Plans• NPCA has service agreements with

municipalities to review Planning Act applications (e.g. subdivisions, site plans, consents) based on municipal environmental policies that incorporate the requirements of the Provincial Plans (e.g. Greenbelt, Places to Grow, Niagara Escarpment Plan)

Municipal Official Plans• NPCA has service agreements with

municipalities to review Planning Act applications (e.g. subdivisions, site plans, consents) based on municipal environmental policies

• NPCA provides comments on Official Plans, Official Plan Amendments, Comprehensive Zoning By-laws based on Board adopted policies & PPS Section 3.1 Natural Hazards