Section 28 Regulations
Regulations and Permit Applications – [email protected]
In order to maintain the vitality of our watersheds and protect peoples’ lives and property from natural hazards such as flooding and erosion, the LTVCA administers the Conservation Authorities Act and O.Reg. 41/24: Prohibited Activities, Exemptions and Permits.
LTVCA Jurisdiction
Fore detailed mapping of the LTVCA’s Jurisdiction Area please consult our Regulated Areas Screening Map.
Select a heading below to expand its contents
The Conservation Authorities Act was created in 1946 in response to erosion and drought concerns, recognizing that these and other resource initiatives are best managed on a watershed basis.
In 1956, in response to the severe economic and human losses associated with Hurricane Hazel, amendments to the Conservation Authorities Act empowered Conservation Authorities to create regulations to prohibit filling in floodplains. These regulations were broadened in 1960 to prohibit or regulate the placing or dumping of fill in defined areas where the control of flooding, pollution or the conservation of land may be affected. In 1968, amendments to the Conservation Authorities Act further extended the regulations to prohibit or control construction and alteration to waterways, in addition to filling. The Lower Thames Valley Conservation Authority was founded in 1961.
In 1998, the Conservation Authorities Act was amended to ensure that regulations under the Act were consistent across the province and complementary to provincial policies. Revisions were made to Section 28, which led to the replacement of the “Fill, Construction and Alteration to Waterways” regulations of each Conservation Authority with new “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” regulations. These new regulations came into effect in 2006. Ontario Regulation 97/04 outlined the content that each Conservation Authority’s Regulation would contain. While some Conservation Authorities had been regulating wetlands, shorelines and inter-connecting channels for years, the amendments required all Conservation Authorities (including the LTVCA) to regulate Great Lakes shorelines, interconnecting channels, inland lakes and wetlands in addition to the areas and features each Conservation Authority historically regulated.
Between 2017 and 2024, the Ontario government made a series of amendments to the Conservation Authorities Act and its regulations, which affected how Conservation Authorities administered, prioritized, funded, and conducted their work. With respect to natural hazards programming, Ontario Regulation 41/24 “Prohibited Activities, Exemptions, and Permits” was passed on February 16th, 2024. This one regulation replaced all the individual 2006 regulations that applied to each Conservation Authority. The regulation came into effect on April 1st, 2024, along with all the pending amendments to the Conservation Authorities Act that had yet to come into force. Generally speaking, under the revised legislation, the Conservation Authorities still regulate the same natural hazards and in a very similar way that they had previously.
Conservation Authorities are empowered to regulate development activity and activities in or adjacent to river or stream valleys, Great Lakes and inland lakes shorelines, watercourses, hazardous lands, and wetlands. Development activity taking place on these lands may require permission from the LTVCA to confirm that the control of flooding, erosion, dynamic beaches, unstable soil or bedrock are not affected.
Development activity is defined in the Conservation Authorities Act and in Ontario Regulation 41/24 as:
- The construction, reconstruction, erection, or placing of a building or structure 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, increasing the size of the building or structure, or increasing 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.
The LTVCA also regulates the straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream, watercourse or for changing or interfering in any way with a wetland.
Please use the following link to find your property and use the screening tool to see whether or not the property or portions of the property is currently flagged as being regulated. It is important to note that, in some cases, your property may cross the boundary of two or more Conservation Authorities. In this case you should contact both conservation authorities to determine if your property is within a regulated area.
If the webmap has indicated that your property is within a LTVCA regulated area, you should contact LTVCA staff ([email protected]) to determine if a permit will be required for your proposed activity.
To find out if your property is located within a regulated area (river or stream valley, Great Lakes and inland lake shorelines, hazardous lands, watercourses, and wetlands) or for legal inquiries or property specific information, please contact the LTVCA at [email protected] or at 519-354-7310 x226.
To find out if a development activity you wish to undertake is regulated, please contact the LTVCA at [email protected]. LTVCA staff can also provide advice about the permit and approval process and are available for pre-consultation purposes. This consultation will help to determine if you need a permit and the information required (such as plans and studies) which may be needed in order for us to assess your permit application.
Regulations Permit Application
A permit application will be considered as being “complete” if it includes the following information:
- A completed Permit Application form which contains the following information:
a) The purpose of the work, and the proposed use of any buildings and structures following completion of the work.
b) The start and completion dates of the works.
c)A description of the methods to be used in carrying out the works
- A detailed site plan providing information on the following:
a) General location of the property in relation to roads and other landmarks.
b) Exact location and dimensions of all existing structures on the property in relation to landmarks, including their elevations.
c) Exact location of any watercourse, shoreline, wetland, or steep slope on or near the subject property in relation to landmarks.
d) Type and exact location of all proposed works, including construction, filling / grading / excavation, wetland interference, or watercourse alteration in relation to landmarks.
e) Exact location of the septic system (if applicable) and any other property utilities, wells, etc. in relation to landmarks. - Cross-section of the proposed work showing the existing and final grades and structure openings.
- Site drainage details before and after the works. (For works that involve fill placement, an engineered site grading plan may be required.)
- A complete description of any type of fill proposed to be placed or dumped.
- If the applicant isn’t the property owner, a completed Agent Authorization Form will be required if the applicant is working on behalf of the property owner. If the applicant isn’t the property owner, and isn’t operating as an agent of the property owner, a separate confirmation of authorization for the work given by the owner of the subject property will be required.
- All technical studies or other documentation (such as geotechnical reports, environmental impact studies, construction drawings, etc.) that have been identified by the LTVCA as being required during the applicant’s pre-consultation.
- The applicable permit application fee (see the Permit Application Fee Schedule).