1.
INTERIM REPORT
– WETLANDS RESOLUTION WORKPLAN
RAPPORT PROVISOIRE – PLAN DE TRAVAIL POUR LA RÉSOLUTION DES PROBLÈMES
LIÉS AUX TERRES HUMIDES
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That Council approve the following, as amended:
1. Direct staff to take the necessary
municipal drain maintenance actions on the Hobbs Municipal Drain and other
drainage improvements to return the surface drainage in the area north of
Flewellyn Road to pre-existing conditions, as defined in this report, with any
actions taken being subject to an evaluation of the environmental benefits of
the recommended actions;
2. As part of the process to declare
Flowing Creek a Municipal Drain which is subject to a separate report to the
Agricultural and Rural Affairs Committee on June 22, 2006, direct staff to:
a. Monitor environmental changes as a result
of these actions by establishing a baseline in advance and annual monitoring
after the corrective works are undertaken;
b. Report annually to Committee and Council
on the monitoring results or when significant landscape changes in vegetation,
creek health or surface drainage are observed.
3. Direct staff to continue to provide
feedback to the Ministry of Natural Resources’ review of the Ontario Wetland
Evaluation System (OWES) through:
a. A letter to the Minister, attached in
Document 6, recommending that the update of the OWES include such items as
clear specification of wetland species, the re-examination of the criteria for
complexing of wetlands, consideration of whether the wetland developed through
natural or human forces, a re-examination of the points allocation under the
Social factor, a broader consideration of social factors such as land tenure,
population density and length of residency and an updating of the social value
of wetlands to be aligned with current societal use and value of wetlands;
b. participation in the targeted consultation
later in 2006 as a direct participant and through the Association of
Municipalities of Ontario.
4. Direct staff to encourage the Ministry
of Municipal Affairs and Housing, through the letter proposed in Document 7, to
address issues that have arisen through this process, including the
consideration of social aspects in environmental lands protection, development
of a Provincial policy of compensation and associated incentives for landowners
to encourage environmental protection on private lands and clarification of the
Provincial Policy Statement interpretation when dealing with conflicting
resource protection, such as mineral aggregates and wetlands.
5. Confirm that the Official Plan wetland
designation process, initiated by the City in 2005, and the existing wetland
evaluation study, are cancelled and withdrawn for those areas under review
within the Flewellyn Road area of Goulbourn Ward, including those lands that
are subject to the completion of new drainage works. Further, a re-evaluation of the wetland status of the subject
lands, as defined in this report, will not occur unless the following
conditions are met:
a. For those lands within the influence area
of the drainage corrections proposed in this report and outlined in Document 3,
the wetland status of the lands will not be re-evaluated any sooner than a
period of five years after the undertaking of the drainage works (expected in
2007), nor will a re-evaluation occur before completion of recommendations 3,
4, 6 and 7 and initiation of recommendation 8;
b. For those lands outside the influence of
the planned drainage corrections, the wetland status of these lands will not be
re-evaluated before completion of the Ontario Wetland Evaluation System review
by the Ministry of Natural Resources and completion of recommendations 3, 4, 6
and 7 and initiation of recommendation 8;
c. For those lands within existing designated
Limestone Resource Areas, they shall remain as limestone resource through the
2008 Official Plan review.
6. Direct staff to refine its process for
notification and involvement of landowners in the identification and
application of conservation measures for newly identified environmental areas
as part of the 2008 Official Plan review process, taking into consideration
early stakeholder involvement, social and environmental factors and the
applicability of the suite of conservation measures summarized in this report.
7. Direct staff to include a 2007 budget
pressure of $50,000 in order to develop a compensation policy to accompany the
relevant conservation measures available to the City or its agency partners in
the conservation of environmental lands.
8. Direct staff to conduct an education
program that addresses the value of wetlands, the land use implications of
zoned and designated environmental lands and the responsibilities of landowners
and the municipality in the maintenance of municipal drains, ward drains and
private property drainage and in the protection of our shared groundwater
resources.
9. Communicate the results of this wetland
resolution process and the report outcome to all landowners within the subject
lands and adjacent lands of the Flewellyn Road area of Goulbourn.
10. Extend the role of the Wetland
Stakeholders’ Group and continue to engage the Group in actions arising from
the recommendations, such as in the establishment of a baseline for the purpose
of monitoring environmental changes, the monitoring itself, the development of
the compensation policy and the establishment of the education program.
11. WHEREAS the Agriculture and Rural
Affairs Committee has recommended that Council direct staff to include a 2007
budget pressure of $50,000 in order to develop a compensation policy to
accompany the relevant conservation measures available to the City or its
agency partners in the conservation of environmental lands (per Recommendation
7); and
WHEREAS the Agriculture and Rural Affairs Committee
has recommended that Council direct staff to conduct an education program that
addresses the value of wetlands, the land use implications of zoned and
designated environmental lands and the responsibilities of landowners and the
municipality in the maintenance of municipal drains, ward drains and private
property drainage and in the protection of our shared groundwater resources
(per Recommendation 8);
THEREFORE BE IT RESOLVED THAT the Agriculture
and Rural Affairs Committee recommend Council consider the appropriate
allocation of financial resources in the 2007 budget deliberation to enable
these works to be completed by winter 2007/spring 2008.
12. That
staff be directed to request the Ministry of Natural Resources to review
Wetland Designation Criteria in concert with City of Ottawa staff in light of
the recommendations coming out of the Goulbourn Wetland consultation process;
And further, that staff report back to the
Rural Issues Advisory Committee (RIAC) and the Agriculture and Rural Affairs
Committee (ARAC) with a progress report encompassing all the recommendations.
RecommandationS MODIFIÉES du comitÉ
Que le Conseil municipal approuve les
recommendations modifiées qui suivent :
1. de
charger le personnel de prendre les mesures voulues pour l’entretien et
l’amélioration de l’installation de drainage municipale Hobbs en vue de
rétablir le drainage des eaux de surface du secteur situé au nord du chemin
Flewellyn dans l’état où il était avant l’aménagement, comme le définit le
présent rapport, sous réserve de l’évaluation des bienfaits sur l'environnement
de chaque mesure recommandée.
2. de
charger le personnel, dans le cadre du processus visant à désigner le ruisseau
Flowing comme étant une installation de drainage municipale, lequel fait l’objet
d’un rapport distinct qui sera soumis au Comité de l’agriculture et des
affaires rurales le 22 juin 2006 :
a. de
surveiller les changements environnementaux résultant des mesures prises, en
définissant à l’avance les conditions de base et en suivant annuellement leur
évolution après la réalisation des travaux d’amélioration;
b. de
rendre compte annuellement des résultats de la surveillance au Comité et au
Conseil chaque année ou lorsque l’on observe un changement important dans la
végétation, la santé du ruisseau ou le drainage des eaux de surface.
3. de
charger le personnel de continuer à participer à la révision de l’Ontario
Wetland Evaluation System (OWES) effectuée par le ministère des Richesses
naturelles par les moyens suivants :
a. en
envoyant au ministre une lettre (voir document 6 ci joint) recommandant que la
mise à jour de l’OWES précise clairement les espèces habitant en milieu humide,
réexamine les critères pour le regroupement des terres humides, distingue les
milieux humides naturels de ceux créés par l’homme, reconsidère la valeur
pondérale accordée aux terrains en fonction des facteurs sociaux, tienne
davantage compte des facteurs sociaux tels que le régime foncier, la densité de
la population et la durée de résidence, et que la mise à jour de la valeur
sociale des terres humides reflète l’utilisation et la valeur actuelles des
terres humides dans la société;
b. en
participant directement et par l’entremise de l’Association des municipalités
de l’Ontario (AMO) à la séance de consultation ciblée qui aura lieu plus tard
en 2006.
4. de
charger le personnel d’inciter, au moyen de la lettre proposée au document 7,
le ministère des Affaires municipales et du Logement à se pencher sur les
questions soulevées au cours du processus, notamment l’examen des aspects
sociaux dans la protection des terres à valeur écologique, l’élaboration d’une
politique provinciale portant sur la compensation et les mesures incitatives
connexes destinées aux propriétaires afin de favoriser la protection des terres
privées à valeur écologique, et la clarification de l’interprétation de la
Déclaration de principes provinciale dans le cas de la protection de ressources
conflictuelles, comme le granulat minéral et les terres humides.
5. de
confirmer l’annulation du processus de désignation des terres humides entrepris
par la Ville en 2005 et de l’étude d’évaluation des terres humides actuellement
en cours ainsi que leur retrait du Plan officiel pour les zones à l’étude dans
le secteur du chemin Flewellyn, dans le quartier Goulbourn, y compris les
terres sur lesquelles de nouvelles installations de drainage doivent être
construites, et d’interdire, en outre, toute réévaluation du classement des
terres humides définies dans le présent rapport à moins que les conditions suivantes
soient réunies :
a. pour
les terres situées dans la zone d’influence des améliorations de drainage
proposées dans le présent rapport et décrites dans le document 3, que cinq
années se soient écoulées depuis le début des travaux d’aménagement de l’ouvrage
de drainage (prévu en 2007), que les recommandations 3, 4, 6 et 7 aient été
mises en œuvre et qu’ait été entreprise la mise en œuvre de la recommandation
8;
b. pour
les terres situées à l’extérieur de la zone d’influence des améliorations de
drainage prévues, que le ministère des Richesses naturelles ait terminé la
révision de l’Ontario Wetland Evaluation System, que les recommandations 3, 4,
6 et 7 aient été mises en œuvre et qu’ait été entreprise la mise en œuvre de la
recommandation 8;
c. pour
les terres situées dans le secteur actuellement désigné zone de ressources
calcaires, qu’elles demeurent des ressources calcaires jusqu’à la révision de
2008 du Plan officiel.
6. de
charger le personnel d’améliorer le processus par lequel les propriétaires
seront avisés des terrains qui auront été désignés aires environnementales dans
le cadre de la révision de 2008 du Plan officiel et seront invités à participer
à la détermination et à la mise en œuvre de mesures de conservation à leur
égard, de manière à ce que les intervenants soient intéressés au processus dès
le début, et à ce que celui ci tienne compte des facteurs sociaux et
environnementaux ainsi que de l’applicabilité de la série de mesures de
conservation résumées dans le présent rapport.
7. de
charger le personnel d’inclure en 2007 une pression budgétaire de 50 000 $ afin
d’élaborer une politique de compensation pour accompagner les mesures de
conservation pertinentes que la Ville ou ses organismes partenaires peuvent
prendre pour la conservation des terres à valeur écologique.
8. de
charger le personnel de mettre en œuvre un programme éducatif expliquant la
valeur des terres humides, les conséquences pour l’utilisation du sol associées
à un zonage ou à une désignation de terre à valeur écologique et les
responsabilités des propriétaires et de la Ville relatives à l’entretien des
installations de drainage municipales, de celles des quartiers et des
propriétés privées de même qu’à la protection de nos ressources communes en
eaux souterraines.
9. de
communiquer les résultats du processus de résolution des problèmes liés aux
terres humides et de ce rapport à tous les propriétaires des terrains concernés
et des terres adjacentes du secteur du chemin Flewellyn, à Goulbourn.
10. d’élargir
le rôle du groupe d’intervenants dans le domaine des terres humides et de
continuer à faire participer le groupe à des mesures découlant de
recommandations, comme l’établissement d’un point de référence pour la
surveillance des changements environnementaux, la surveillance en soi,
l’élaboration de la politique de compensation et la mise en œuvre du programme
éducatif;
11. ATTENDU
QUE le Comité de l’agriculture et des questions rurales a recommandé que le
Conseil municipal charge le personnel d’inclure dans le budget de 2007 des
crédits de 50 000 $ afin d’élaborer une politique de compensation
pour accompagner les mesures de conservation pertinentes que la Ville ou ses
organismes partenaires peuvent prendre pour la conservation des terres à valeur
écologique (conformément à la recommandation 7);
ATTENDU QUE le Comité de l’agriculture et des questions rurales a
recommandé que le Conseil municipal charge le
personnel de mettre en œuvre un programme éducatif expliquant la valeur des
terres humides, les conséquences pour l’utilisation du sol associées à un
zonage ou à une désignation de terre à valeur écologique et les
responsabilités des propriétaires et de la Ville relatives à l’entretien
des installations de drainage municipales, de celles des quartiers et des propriétés
privées de même qu’à la protection de nos ressources communes en eaux
souterraines (conformément à la recommandation 8);
IL EST DÉCIDÉ que le Comité de l’agriculture et
des questions rurales recommandera au Conseil de se pencher sur l’affectation
appropriée des ressources financières dans le budget de 2007 pour
permettre l’achèvement de ces projets d’ici à l’hiver 2007 ou au printemps 2008.
12. de
charger le personnel de demander au ministère des Richesses naturelles de
passer en revue les critères de désignation des terres humides, en
collaboration avec le personnel de la Ville d’Ottawa, à la lumière des
recommandations découlant du processus de consultation sur les terres humides
du secteur de Goulbourn;
de demander au personnel de soumettre au Comité
consultatif sur les questions rurales et au Comité de l’agriculture et des
questions rurales un rapport d’étape comprenant toutes les recommandations.
1.
Acting
Deputy City Manager, Planning and
Growth Management report dated 15 June 2006 (ACS2006-PGM-POL-0056).
2. Extract
of Draft Minutes 29, Agriculture and Rural Affairs Committee meeting of June
22, 2006.
Report
to/Rapport au :
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des
questions rurales
and Council / et au Conseil
15 June 2006 / le 15 juin 2006
Submitted by/Soumis par : John L. Moser,
Acting Deputy City Manager/Directeur municipal adjoint par intérim,
Planning and Growth Management/Urbanisme et Gestion de la croissance
Contact
Person/Personne ressource : Dennis Jacobs, Director
Planning, Environment and Infrastructure
Policy/
Politiques d’urbanisme, d’environnement et
d’infrastructure
(613) 580-2424 x25521, Dennis.Jacobs@ottawa.ca
POL
SUBJECT: |
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OBJET : |
RAPPORT
PROVISOIRE - PLAN DE TRAVAIL POUR LA RÉSOLUTION DES PROBLÈMES LIÉS AUX TERRES
HUMIDES |
REPORT RECOMMENDATIONS
That the Agriculture and Rural Affairs
Committee recommend Council approve the following:
1. Direct staff to take the
necessary municipal drain maintenance actions on the Hobbs Municipal Drain and
other drainage improvements to return the surface drainage in the area north of
Flewellyn Road to pre-existing conditions, as defined in this report, with any
actions taken being subject to an evaluation of the environmental benefits of
the recommended actions;
2. As part of the process
to declare Flowing Creek a Municipal Drain which is subject to a separate
report to the Agricultural and Rural Affairs Committee on June 22, 2006, direct
staff to:
a. Monitor environmental
changes as a result of these actions by establishing a baseline in advance and
annual monitoring after the corrective works are undertaken;
b. Report annually to
Committee and Council on the monitoring results or when significant landscape
changes in vegetation, creek health or surface drainage are observed.
3. Direct staff to
continue to provide feedback to the Ministry of Natural Resources’ review of
the Ontario Wetland Evaluation System (OWES) through:
a. A letter to the
Minister, attached in Document 6, recommending that the update of the OWES
include such items as clear specification of wetland species, the
re-examination of the criteria for complexing of wetlands, consideration of
whether the wetland developed through natural or human forces, a re-examination
of the points allocation under the Social factor, a broader consideration of
social factors such as land tenure, population density and length of residency
and an updating of the social value of wetlands to be aligned with current
societal use and value of wetlands;
b. participation in the
targeted consultation later in 2006 as a direct participant and through the
Association of Municipalities of Ontario.
4. Direct staff to
encourage the Ministry of Municipal Affairs and Housing, through the letter
proposed in Document 7, to address issues that have arisen through this
process, including the consideration of social aspects in environmental lands
protection, development of a Provincial policy of compensation and associated
incentives for landowners to encourage environmental protection on private
lands and clarification of the Provincial Policy Statement interpretation when
dealing with conflicting resource protection, such as mineral aggregates and
wetlands.
5. Confirm that the
Official Plan wetland designation process, initiated by the City in 2005, and
the existing wetland evaluation study, are cancelled and withdrawn for those
areas under review within the Flewellyn Road area of Goulbourn Ward, including
those lands that are subject to the completion of new drainage works. Further, a re-evaluation of the wetland
status of the subject lands, as defined in this report, will not occur unless
the following conditions are met:
a. For those lands within
the influence area of the drainage corrections proposed in this report and
outlined in Document 3, the wetland status of the lands will not be
re-evaluated any sooner than a period of five years after the undertaking of
the drainage works (expected in 2007), nor will a re-evaluation occur before
completion of recommendations 3, 4, 6 and 7 and initiation of recommendation 8;
b. For those lands outside
the influence of the planned drainage corrections, the wetland status of these
lands will not be re-evaluated before completion of the Ontario Wetland
Evaluation System review by the Ministry of Natural Resources and completion of
recommendations 3, 4, 6 and 7 and initiation of recommendation 8;
c. For those lands within
existing designated Limestone Resource Areas, they shall remain as limestone
resource through the 2008 Official Plan review.
6. Direct staff to refine
its process for notification and involvement of landowners in the
identification and application of conservation measures for newly identified
environmental areas as part of the 2008 Official Plan review process, taking
into consideration early stakeholder involvement, social and environmental
factors and the applicability of the suite of conservation measures summarized
in this report.
7. Direct staff to include
a 2007 budget pressure of $50,000 in order to develop a compensation policy to
accompany the relevant conservation measures available to the City or its
agency partners in the conservation of environmental lands.
8. Direct staff to conduct
an education program that addresses the value of wetlands, the land use
implications of zoned and designated environmental lands and the
responsibilities of landowners and the municipality in the maintenance of
municipal drains, ward drains and private property drainage and in the
protection of our shared groundwater resources.
9. Communicate the results of this wetland resolution process and the report outcome to all landowners within the subject lands and adjacent lands of the Flewellyn Road area of Goulbourn.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de l'agriculture et des questions
rurales recommande au Conseil municipal :
1. de charger le personnel de prendre les
mesures voulues pour l’entretien et l’amélioration de l’installation de
drainage municipale Hobbs en vue de rétablir le drainage des eaux de surface du
secteur situé au nord du chemin Flewellyn dans l’état où il était avant
l’aménagement, comme le définit le présent rapport, sous réserve de
l’évaluation des bienfaits sur l'environnement de chaque mesure recommandée.
2. de charger le personnel, dans le cadre
du processus visant à désigner le ruisseau Flowing comme étant une installation
de drainage municipale, lequel fait l’objet d’un rapport distinct qui sera soumis
au Comité de l’agriculture et des affaires rurales le 22 juin 2006 :
a. de surveiller les changements
environnementaux résultant des mesures prises, en définissant à l’avance les
conditions de base et en suivant annuellement leur évolution après la réalisation
des travaux d’amélioration;
b. de rendre compte annuellement des
résultats de la surveillance au Comité et au Conseil chaque année ou lorsque
l’on observe un changement important dans la végétation, la santé du ruisseau
ou le drainage des eaux de surface.
3. de charger le personnel de continuer à
participer à la révision de l’Ontario Wetland Evaluation System (OWES)
effectuée par le ministère des Richesses naturelles par les moyens
suivants :
a. en envoyant au ministre une lettre
(voir document 6 ci‑joint) recommandant que la mise à jour de l’OWES
précise clairement les espèces habitant en milieu humide, réexamine les
critères pour le regroupement des terres humides, distingue les milieux humides
naturels de ceux créés par l’homme, reconsidère la valeur pondérale accordée
aux terrains en fonction des facteurs sociaux, tienne davantage compte des
facteurs sociaux tels que le régime foncier, la densité de la population et la
durée de résidence, et que la mise à jour de la valeur sociale des terres humides
reflète l’utilisation et la valeur actuelles des terres humides dans la
société;
b. en participant directement et par
l’entremise de l’Association des municipalités de l’Ontario (AMO) à la séance
de consultation ciblée qui aura lieu plus tard en 2006.
4. de charger le personnel d’inciter, au
moyen de la lettre proposée au document 7, le ministère des Affaires
municipales et du Logement à se pencher sur les questions soulevées au cours du
processus, notamment l’examen des aspects sociaux dans la protection des terres
à valeur écologique, l’élaboration d’une politique provinciale portant sur la
compensation et les mesures incitatives connexes destinées aux propriétaires
afin de favoriser la protection des terres privées à valeur écologique, et la clarification
de l’interprétation de la Déclaration de principes provinciale dans le cas de
la protection de ressources conflictuelles, comme le granulat minéral et les
terres humides.
5. de confirmer l’annulation du processus
de désignation des terres humides entrepris par la Ville en 2005 et de
l’étude d’évaluation des terres humides actuellement en cours ainsi que leur
retrait du Plan officiel pour les zones à l’étude dans le secteur du chemin
Flewellyn, dans le quartier Goulbourn, y compris les terres sur lesquelles de
nouvelles installations de drainage doivent être construites, et d’interdire,
en outre, toute réévaluation du classement des terres humides définies dans le
présent rapport à moins que les conditions suivantes soient réunies :
a. pour les terres situées dans la zone
d’influence des améliorations de drainage proposées dans le présent rapport et
décrites dans le document 3, que cinq années se soient écoulées depuis le
début des travaux d’aménagement de l’ouvrage de drainage (prévu en 2007),
que les recommandations 3, 4, 6 et 7 aient été mises en œuvre et
qu’ait été entreprise la mise en œuvre de la recommandation 8;
b. pour les terres situées à l’extérieur
de la zone d’influence des améliorations de drainage prévues, que le ministère
des Richesses naturelles ait terminé la révision de l’Ontario Wetland
Evaluation System, que les recommandations 3, 4, 6 et 7 aient été
mises en œuvre et qu’ait été entreprise la mise en œuvre de la
recommandation 8;
c. pour les terres situées dans le secteur
actuellement désigné zone de ressources calcaires, qu’elles demeurent des
ressources calcaires jusqu’à la révision de 2008 du Plan officiel.
6. de charger le personnel d’améliorer le
processus par lequel les propriétaires seront avisés des terrains qui auront
été désignés aires environnementales dans le cadre de la révision de 2008
du Plan officiel et seront invités à participer à la détermination et à la mise
en œuvre de mesures de conservation à leur égard, de manière à ce que les
intervenants soient intéressés au processus dès le début, et à ce que celui‑ci
tienne compte des facteurs sociaux et environnementaux ainsi que de
l’applicabilité de la série de mesures de conservation résumées dans le présent
rapport.
7. de charger le personnel d’inclure en
2007 une pression budgétaire de 50 000 $ afin d’élaborer une politique de
compensation pour accompagner les mesures de conservation pertinentes que la
Ville ou ses organismes partenaires peuvent prendre pour la conservation des
terres à valeur écologique.
8. de charger le personnel de mettre en
œuvre un programme éducatif expliquant la valeur des terres humides, les
conséquences pour l’utilisation du sol associées à un zonage ou à une
désignation de terre à valeur écologique et les responsabilités des propriétaires
et de la Ville relatives à l’entretien des installations de drainage
municipales, de celles des quartiers et des propriétés privées de même qu’à la
protection de nos ressources communes en eaux souterraines.
9. de
communiquer les résultats du processus de résolution des problèmes liés aux
terres humides et de ce rapport à tous les propriétaires des terrains concernés
et des terres adjacentes du secteur du chemin Flewellyn, à Goulbourn.
BACKGROUND
In
2004, the City was made aware of the potential for unevaluated wetlands in
Goulbourn Ward through a development application for a rural residential
subdivision at 6851 Flewellyn Road.
Further work through a contracted wetland evaluator indicated the
presence of Provincially Significant Wetlands in the Flewellyn Road area of
Goulbourn Ward. This finding was
confirmed through the Provinicial Ministry of Natural Resources.
As
discussions proceeded with affected landowners in the newly identified wetland
areas, concerns arose regarding the impact to landowners should the designation
of their lands change to significant wetland from the current designations of
either General Rural, Rural Natural Feature or Limestone Resource Area. The wetlands topic featured prominently in
the community-led Rural Summit in late 2005 that led to a commitment from the
City to balance landowner needs with environmental protection/goals for the
greater community good.
The
situation in Ottawa is unique – only a few other jurisdictions have newly
identified significant wetlands in settlement areas. Within southwestern Ontario, the majority if not all of existing
wetlands have been identified and protected.
A
workplan to implement a resolution process for wetlands issues was approved by
the Agricultural and Rural Affairs Committee (ARAC) on March 9, 2006 and
Council on April 12, 2006. The approved
workplan was to address the following:
·
drainage issues that have developed over time within
the Flewellyn Road area;
·
concerns with the wetland identification, evaluation and
notification processes;
·
options, as alternatives to Official Plan designation,
for environmental lands protection in the City; and
·
a resolution for the landowners within the Flewellyn
Road area of Goulbourn.
This report provides an interim status update and recommendations for completed workplan items and next steps required to achieve an approach to wetlands protection that balances meeting this objective for the greater community good with landowner needs.
DISCUSSION
Following
approval of the wetlands resolution workplan by ARAC, City staff established a
Wetland Stakeholder Group comprised of representatives from landowner,
environmental and mineral aggregate groups, relevant agencies, Councillors'
offices and City staff. Document 1 provides
the Terms of Reference established for this group.
Overview
of Wetlands Resolution Process
Between
early April and June, the Wetland Stakeholder group met on a bi-weekly basis to
share information and to review City staff progress on the workplan components. Topics covered through the group's six
meetings included extensive discussions on the changes in surface water
drainage that have occurred north of Flewellyn Road over the past 20 to 30
years and possible solutions for correcting this situation, a presentation from
the Ministry of Natural Resources (MNR) on the Ontario Wetland Evaluation
System (OWES), discussion of concerns with this evaluation system and the
City's process for wetlands protection, a presentation on various conservation
measure alternatives for environmental lands protection and clarification of
the MNR's current review of the OWES and respective roles of the Ministry of
Natural Resources, Ministry of Municipal Affairs and Housing and the City in
wetlands protection.
For
the Wetland Stakeholder Group's last two meetings in June, the group worked
through to an agreement on the recommendations included in this report. The basis for these recommendations is
presented through the following sections with a summary of the workplan status
provided in Document 2.
Drainage
Landowners
in the vicinity of the intersection of Conley and Flewellyn Roads have noted
significant changes in the surface water drainage of this area over the past 20
to 30 years. In particular, nearby
residents have observed an increase in the local beaver population that has led
to the blocking of water that previously flowed to Flowing Creek. In addition, a combination of unmaintained
and newly established private ditches have further prevented the natural flow of
water to Flowing Creek. The landowners
in this area noted that this re-direction of surface water flows has resulted
in larger quantities of water flowing to the Hobbs Municipal Drain that
sometimes floods onto private property.
This situation had also appeared to be worsening in recent years.
Through
2005 to the present, the Ward Councillor's office has been working with
Drainage Services staff in the Public Works and Services Department to review
the effectiveness of the local municipal drains and to respond to the increased
number of beaver in the area. The City
retained a trapper to remove the beavers in this area and the trapper worked
through the spring of 2006 to remove beavers and discourage any potential new
residents. Staff will also initiate
maintenance works along the Hobbs Drain in 2006 to further improve the water
flow through this municipal drain.
In
addition to the surface drainage improvements being undertaken, the City
retained Robinson Consultants Inc. to review the potential impacts of
development on the surface water drainage changes reported by residents. This work included a review of drainage
reports, subwatershed boundaries and area development over the past 30 years
along with field reconnaissance and modelling of the expected flows within the
Conley Road area. Robinson Consultants
concluded that the Conely/Flewellyn Road area had previously seen less water
flow through the Hobbs Drain Extension than at present mainly due to an increase
in drainage area of approximately 570 ha, from an original 75 ha to a current
720 ha, in the area upstream or north of Flewellyn Road. Further details on this review are within
the engineering report prepared by Robinson Consultants, Drainage Investigation - Hobbs Drain Extension, Conley Branch,
provided as Document 3.
The
main recommendation of this report is to return the drainage area to the
pre-existing conditions described in this report, believed to have been in
place 20 to 25 years ago. Restoring to
these conditions will involve a series of actions to re-direct the drainage
from the 570 ha currently flowing to the Hobbs Drain (see Figure 1.1 of
Document 3) back to Flowing Creek. The
objective is to return the drainage area for the Hobbs Drain Extension to the
situation depicted on Figure 2.3 of the Drainage Investigation report in
Document 3.
While
the work was underway these past few months to review drainage changes in the
Flewellyn Road area, Mr. Mike Westley, a Flewellyn Road resident, undertook to
speak to all his neighbours along Flowing Creek to gain their agreement to
petition to establish Flowing Creek as a Municipal Drain. Mr. Westley obtained 100% of the required
signatures and has submitted the residents request to the Public Works and
Services Department. Staff will present
a separate report to Agricultural and Rural Affairs Committee on June 22, 2006
to request approval to proceed with contracting for an Engineer's Report,
according to the requirements of the Drainage Act, to declare Flowing Creek as
a Municipal Drain. Part of the review
for this process will include an assessment of the environmental implications
by Marshall Macklin Monaghan, the consultants retained by the Planning and
Growth Management Department to conduct a subwatershed plan for Reach 2 of the
Jock River (Flowing Creek). Preliminary
expectations are for a potential positive outcome of the environmental review
of declaring Flowing Creek as a Municipal Drain because environmental impacts
are experienced downstream of this area due to low watercourse flows during
summer months.
Should
Flowing Creek be declared a Municipal Drain, the expected maintenance works to
correct surface drainage to Flowing Creek would likely occur in 2007. In concert with the subwatershed plan work
and recommendations, City staff propose to monitor the environmental impacts of
the drainage corrections and report annually on the results to Committee and
Council.
Options
for Environmental Lands Protection within the City
In
addition to concerns with wetland evaluation and protection processes,
participants in the Rural Summit and many Goulbourn landowners emphasized that
they value and wish to protect wetlands, but would like to see more flexibility
through alternatives to Official Plan designation as potential conservation
measures along with some form of compensation for retention of their lands in a
natural state. As part of this
workplan, City staff undertook a review of available conservation measures for
environmental lands protection. The
range of measures in use within mainly Ontario and Canada is summarized in
Document 4 - Available Conservation
Measures for Environmental Lands Protection.
A
number of organizations at all levels of government as well as non-government
organizations provide a range of incentives or programs for environmental lands
protection. Although there are several
variations documented, the types of conservation measures fall into two main
categories that involve either land acquisition by an agency or landowner
retention of the identified environmental lands combined with an agreement or
incentive for maintaining lands in a natural state. This document was prepared for discussion by the Wetland
Stakeholder Group through its meetings in April and May of 2006. Given the unique situation within Goulbourn
Ward in regard to landowner concerns with drainage issues, the wetland
evaluation system and the current review of this system by the MNR, the
conservation options identified in this report are not applicable to the
Goulbourn situation at this time.
However, they will provide a strong foundation for proceeding with
development of a revised environmental lands protection policy, recommended
through this report and anticipated to be part of the City's 2008 Official Plan
review.
As
staff and the Wetland Stakeholder Group proceeded through the approved wetlands
resolution workplan, the information review revealed that City staff, residents
and others could benefit from enhanced information on processes and respective
responsibilities in the areas of surface drainage, groundwater and
wetlands. For example, a combination of
drainage action and inaction has led to an increased volume of water directed
to the Hobbs Drain Extension with occasional flooding impacts on nearby
landowners. Responsibilities for drain
maintenance varies, resting with either the municipality or the landowner,
depending on whether water is flowing through a Municipal Drain or a private
one. In addition, any drain maintenance
activities must be conducted without causing environmental impacts. On the benefits of wetlands, it would be
helpful for all to understand the value of the ecological functions that
wetlands provide to our quality of life through cleaning of our air and water,
provision of diverse animal and vegetation habitat and water quantity control
as well as allowable land use activities within wetlands.
To
assist with building materials for education on drainage, groundwater and
wetlands, Document 5 provides examples of existing materials on wetlands and
municipal drains and a summary of environmental considerations and approach for
drain maintenance. City staff will
build on these materials to develop this report's recommended education
program.
Wetlands
Identification, Evaluation and Notification Processes
Through
the Rural Summit proceedings and through the current work on the wetlands
resolution workplan, Goulbourn landowners have expressed a number of concerns
with the identification, evaluation and notification processes for wetlands. Through these discussions, it has become
evident that the current process for City protection of wetlands through
Official Plan designation results in notification that is too late for
landowners to participate or have a say in the process and understand the
implications. Through discussions on
the approach that the City undertook for the newly identified wetland areas in
Goulbourn ward, staff agree with landowners that any potentially affected
landowners should have been notified of the wetland evaluation as soon as
feasible within the process. Much angst
and concern could have been averted through an early discussion of the proposed
work and potential results. The City
will undertake to initiate any future environmental lands protection processes
according to the principle of early notification and consultation with
potentially affected landowners and inclusion of landowner involvement
throughout the process.
The
past year of landowner, Rural Summit and wetland stakeholder discussions has
also brought forward a number of landowner concerns with the Ontario Wetland
Evaluation System (OWES). Many of these
have been explored in detail with representatives from the Ministry of Natural
Resources. As well, senior staff from
the City and the Ministries of Natural Resources and Municipal Affairs and
Housing participated in a teleconference on April 21st to allow the City to
present community suggestions for enhanced consideration of social factors
within the wetland evaluation system and to explore potential options in
application of the wetlands policies of the Provincial Policy Statement. A review of the OWES is currently underway
that is mainly an update of the system to incorporate any recent scientific
knowledge advances and with a focus to confirm the validity of the criteria applied
to complex additional wetlands with existing significant wetlands.
This
report proposes that the City further document community concerns with the OWES
to the Minister of Natural Resources.
The proposed letter, outlining further suggestions for consideration
within the OWES in the areas of social impact assessment, assignment of points
to social factors, clarification of wetland indicator species and
re-examination of the criteria used for complexing of additional lands to
Provincially Significant Wetlands is provided as Document 6.
In
addition, City staff propose to forward a letter to the Minister of Municipal
Affairs and Housing, attached as Document 7, to encourage the Province to
incorporate social impact factors when applying wetlands protection policies
within the Provincial Policy Statement (PPS).
Their assistance will also be requested for the City's development of a
compensation policy to encourage private landowners to maintain wetlands and
other environmentally significant lands in a natural state. Finally, assistance is also being sought in
interpretation of the PPS when addressing conflicting resource protection
policies, such as mineral aggregates and wetlands.
Resolution
for Landowners in Flewellyn Road area of Goulbourn Ward
The
City initiated an Official Plan Amendment process in April 2005 to designate
additional lands in Goulbourn Ward as significant wetlands, as a result of a
wetland evaluation undertaken in the Flewellyn Road area. This process started in 2004 with City review
of an Environmental Impact Statement (EIS) that accompanied an application for
a rural residential subdivision proposed for a designated Rural Natural Feature
at 6851 Flewellyn Road. The EIS
indicated presence of a wetland on this property and a file review by MNR
suggested the potential for more wetlands nearby. The resulting wetland evaluation concluded that 262 hectares of
land, owned by 60 different landowners, met the criteria to complex 20
additional land areas with the existing Provincially Significant Goulbourn
Wetland Complex.
Since
April 2005, the City has been in discussions with the potentially affected
landowners on various aspects of the wetland evaluation and protection and
landowner notification processes. Many
of the landowner concerns that formed the basis of these discussions and of the
workplan that is the subject of this report, are being addressed through this
report’s proposed recommendations. The
resolutions are a mix of short term and longer-term actions, as follows:
· Immediate
correction is underway to re-direct surface water flows away from the Hobbs
Drain Extension and associated properties by removing beavers that have blocked
the natural course of water flow to Flowing Creek; as well, this summer will
see drain maintenance within the Hobbs Drain;
· Medium-term
drainage solutions include work to declare Flowing Creek a Municipal Drain to
prevent future drainage re-alignments and property flooding due to a lack of
drainage maintenance;
· Medium-term
results from the MNR’s review of their Ontario Wetland Evaluation System,
including the criteria for complexing wetlands, scheduled for public comment
towards the end of 2006;
· Medium
to longer-term policy changes within the City, and hopefully the Province, in
the processes for identifying and protecting environmental lands;
· Short
to longer-term education program to enhance our collective understanding of
surface water drainage, groundwater management and wetlands protection and to
support any new or revised policy considerations in the area of compensation
and environmental lands protection.
Two
main aspects of these recommendations, being the drainage corrections and the
outcome of the MNR’s OWES evaluation, will likely impact upon the status of
lands for Goulbourn landowners. As
well, over the next few years the City’s has committed to revise its
environmental lands protection policies to incorporate conservation measures as
alternatives to Official Plan (OP) designation with associated compensation
consideration. As a result, the wetland
resolution process conducted over the past few months with the Wetland
Stakeholder Group has led staff to conclude that cancelling the OP wetland
designation process and associated wetland evaluation study best fits the
situation for landowners within the Flewellyn Road area of Goulbourn ward. The results of the proposed drainage
changes, the review underway of the wetland evaluation system and development
of a revised environmental lands protection policy must occur prior to any
re-evaluation of the Goulbourn lands.
The
City will continue to represent social concerns and impacts for consideration
by the MNR in the wetland evaluation process and by the MMAH in interpretation
and implementation of the Provincial Policy Statement. The impacts of drainage changes will be
monitored annually. No re-examination
of the status of these lands will occur prior to five years after the drainage
corrections. This time period will
allow any changes in vegetation type, such as wetland to more upland species,
to occur. For those land areas which
include both mineral aggregate resource and potential wetland areas, staff
recommend that the existing designation of Limestone Resource Area be
maintained in the upcoming 2008 Official Plan review.
The
Wetland Stakeholder Group achieved unanimous agreement with all recommendations
in this report, except Recommendation 5 which proposed that the City cancel and
withdraw the wetland designation process and supporting wetland study. Members of the Friends of the Jock River and
of the Environmental and Ottawa Forests and Greenspace Advisory Committees
expressed concern that the City would not be able to meet its obligation to
protect wetlands as directed by the Provincial Policy Statement. There is the risk that development
applications will be submitted for properties in the Goulbourn area and these
will be addressed by staff according to the existing OP designations of either
General Rural, Rural Natural Feature or Limestone Resource Area that comprise
the subject lands. Staff have concluded
that the outstanding questions and policy changes need to be addressed for
Goulbourn residents in this area.
Further, the full set of recommendations in this report consists of
actions that demonstrate the City’s ongoing commitment to fulfill its wetland
protection responsibilities under the Provincial Policy Statement while being
responsive to evolving community issues.
The
proposed action for the Flewellyn Road area of Goulbourn does not impact upon
other wetland areas that may be identified for protection. The City will continue to address new
significant wetland areas as they come forward, incorporating enhanced
landowner involvement in the identification and protection processes, according
to the lessons gained within Goulbourn.
ENVIRONMENTAL IMPLICATIONS
The
workplan progress, that is the subject of this report, explored community
concerns that arose with the combined City and Provincial process for
evaluating and protecting wetlands. The
objective of this existing approach, as directed in the Provincial Policy
Statement (2005) and the City's Official Plan (2003), is to maintain identified
ecologically significant lands in their natural state so as to protect the
natural features and functions of these lands.
For example, wetland functions include provision of habitat for diverse
wildlife and plant species (specific features), cleaning of water that passes
through to our surface and groundwaters, surface water runoff control, cleaning
of air and retention of carbon dioxide.
The City maintains its objective to protect wetlands. The result, however, of this workplan is to
seek changes at both the Provincial and municipal levels to protect wetlands in
such a way that private landowners are not unduly impacted and do not bear the
entire burden of protecting newly identified ecologically significant areas
that benefit the community as a whole.
This
report recommends that the City develop an incentive and compensation policy to
encourage private landowners to maintain environment lands in a natural state
and that the City encourage the Province to address an appropriate compensation
policy. This will be undertaken in 2007
with the retention of a consultant and a budget implication of $50,000. The City's policy will aim to link
compensation to the adequate valuing of ecological goods and services provided
by identified natural lands. In
addition to providing a relevant basis for the provision of incentives or
compensation (such as water treatment, quantity control, sequestering of carbon
or provision of habitat), this approach will have an additional benefit. It will encourage the consideration of the
value of natural lands according to their inherent characteristics and the
benefits they provide rather than just the economic value that is often given
through the assessment of the "highest and best use of lands" in a
development context.
The work proposed in this report is expected to lead towards broader community acceptance of the value, need and approach for environmental lands protection. By changing its own approach to environmental lands identification and protection, as well as by encouraging the Province to review its own relevant processes and policies, the City will be better situated to adequately protect ecologically significant lands and local natural systems processes upon which we depend for our quality of life. Developing and implementing the proposed changes to our processes will in turn meet our Environmental Strategy (2003) commitments to incorporate environmental factors and to take an ecosystem management approach in the development and implementation of City policies and programs.
The wetlands resolution workplan and resulting recommendations address rural concerns impacts upon private landowners as a result of environmental lands protection. These issues arose through 2005 when the City initiated an Official Plan Amendment process to designate newly identified Provincially Significant Wetlands within the Flewellyn Road area of Goulbourn Ward.
This workplan was completed through a close working relationship with an established Wetland Stakeholder group that included rural representation from the Goulbourn Landowners Group, the Rural Council of Ottawa-Carleton, the Carleton Landowners Association and the City's Rural Affairs Office. In addition, City staff and a few Goulbourn landowners presented the draft recommendations of this report to the Rural Issues Advisory Committee on June 6, 2006. This Committee received the interim report on the wetlands resolution workplan progress and endorsed the recommendations, pending agreement amongst the stakeholder group on the wording of the recommendations, in particular for the current Recommendation 5 that directly impacts the Goulbourn landowners. This agreement was achieved at the Wetland Stakeholder Group meeting of June 9, 2006.
CONSULTATION
The
interim wetlands resolution workplan results and recommended next steps were
conducted through a workgroup with representatives from groups of rural
landowners, local and City-wide community environmental interests, the mineral
aggregate industry, City staff as well as from relevant agencies. Representatives from the City's Environmental
and Ottawa Forests and Greenspace Advisory Committees were members of the
Wetland Stakeholder Group. In addition,
City staff presented the workplan progress to the newly formed Rural Issues
Advisory Committee.
The
Wetland Stakeholder Group met bi-weekly to discuss progress on the wetlands
resolution workplan and worked together to reach an agreement for a set of
interim recommendations as presented in this report. These recommendations resolve drainage and wetlands concerns for
Goulbourn landowners and set a direction for establishing an approach for
environmental lands protection that is both consistent with the Provincial
Policy Statement and will not unduly impact upon private landowners.
City
staff have also shared community concerns on the Ontario Wetland Evaluation
System and application of the Provincial Policy Statement with senior and
professional staff within the Ministries of Natural Resources and Municipal
Affairs and Housing. Staff
representatives from these Ministries have also been apprised of workplan
progress over the past three months.
This report includes recommendations for further formal documentation of
issue areas to address regarding wetlands evaluation and environmental lands
protection. This will result in an
ongoing conversation with these agencies to resolve wetlands concerns.
A
public meeting with Goulbourn landowners within the identified wetland and
adjacent lands has been scheduled for June 19, 2006, to update them on the
recommendations of this report, and to primarily advise landowners of the
cancellation of the Official Plan Amendment wetland designation process that
the City initiated in 2005.
For
the work that will continue on resolving wetlands protection and landowner
needs, all members of the stakeholder workgroup indicated their wish to
continue to be involved. Regular
communication and consultation is expected with these members as well as with
an expanded representation of broader stakeholder interests as the City's
wetland protection policy is revised.
The
process employed to arrive at the proposed interim recommendations for wetlands
resolution has resulted in the development of a comprehensive approach within a
relatively short period of time. The
proposed approach is understood by a broad range of interests and is one with
which most participants can agree or, where there is disagreement, understand
the rationale. It is believed that the
resolution process will result in a successful change to City, and hopefully
Provincial, policies that addresses all aspects of our community's needs.
This
situation also demonstrates the close relationship that exists between
municipalities and their communities and provides an example of how the City
can respond to evolving community needs.
Given that the future for the protection of wetlands and other
environmentally significant lands will increasingly rely on landowner
cooperation, the City strongly encourages the Provincial government to consider
the lessons learned within Ottawa and work with the City of Ottawa to refine
associated Provincial processes and policies.
Although the wetlands designation process and wetland evaluation study are cancelled and withdrawn for the affected Goulbourn landowners, this recommendation is specific to the Flewellyn Road area of Goulbourn, to allow for the additional drainage and policy works to be conducted to address landowner concerns. Other evaluated wetland areas will be subject to the enhanced process to be developed as a result of the Goulbourn experience, however, steps to meet municipal obligations for the protection of these lands will proceed. For the Goulbourn area, there is the potential for new development applications to be submitted prior to completion of the works proposed in Recommendations 5, 6 and 7. Staff will be obligated to apply the policies of the existing land use designation for these lands when reviewing these applications.
FINANCIAL IMPLICATIONS
Much of the tasks for the next steps in the wetlands resolution workplan will be conducted through existing resources within the Planning and Growth Management Department. This includes tasks such as the preparation and delivery of education materials, participation in the MNR's review of the Ontario Wetland Evaluation System and ongoing communications with an expanded group of wetland stakeholders. As well, the environmental review of the proposed engineer's report for changing Flowing Creek to a Municipal Drain, and the recommended monitoring to follow the conduct of the drainage corrections, are proposed to be completed through the completion of the subwatershed plan for Flowing Creek, being prepared by the consulting firm of Marshall Macklin Monaghan.
Some financial impacts are expected from the recommended works for refinement of the City's environmental lands protection policy to include consideration of the conservation measures outlined in this report along with incentives and appropriate compensation for private landowners. This work is estimated to require a consulting contract of approximately $50,000 and will be submitted for consideration in the City's 2007 budget process.
Any additional costs expected through the Drainage Act process for Flowing Creek will be addressed in the separate report for this subject.
SUPPORTING DOCUMENTATION
Document
1 – Wetland Stakeholder Group Terms of Reference
Document 2 – Status of
Work Program for Resolution of Wetland Concerns
Document 3 – Drainage
Review Report from Robinson Consultants
Document 4 – Summary of Available Conservation
Measures for Environmental Lands Protection
Document 5 – Preliminary
Education Materials for Wetlands and Drainage
Document 6 – Proposed
Letter to Minister of Natural Resources
Document 7 – Proposed
Letter to Minister of Municipal Affairs and Housing
DISPOSITION
Drainage
Services staff within Public Works and Services will lead all the surface
drainage and Municipal Drain works referenced in this report, with support from
the Environmental Sustainability Division in Planning and Growth Management for
the environmental impact assessment and environmental monitoring of any
drainage changes. Environmental
Sustainability Division will coordinate all the communications, education and
policy development activities within this report, in cooperation with the
Provincial Ministries of Natural Resources and Municipal Affairs and Housing,
the local Conservation Authorities and other City programs, as appropriate.
WETLAND STAKEHOLDER GROUP TERMS OF REFERENCE DOCUMENT 1
May 2006
To work with City staff to provide input, feedback and recommendations as activities progress according to the workplan to resolve wetlands issues, as approved by Agricultural and Rural Affairs Committee on March 9, 2006. The term of this group will extend until approximately mid-June, with end of term established with submission of report to Agricultural & Rural Affairs on June 22, 2006.
Responsibilities
Information will be exchanged amongst the group, including reports from City staff, through bi-weekly meetings as well as through e-mail, as the work proceeds. The group will discuss and evaluate potential options addressing the following items from the workplan:
The results of this evaluation, including recommendations, will be documented in the report to Agricultural and Rural Affairs Committee in June.
The Wetland Stakeholder Group will include representation from the following organizations and community groups:
·
the
Rural Task Force;
·
Goulbourn
Landowners Group;
·
Ottawa-Carleton
Rural Council;
·
Environmental/Ottawa
Forests and Greenspace Advisory Committees;
·
local
Conservation Authorities;
·
Ministry
of Natural Resources;
·
Ministry
of Municipal Affairs and Housing;
·
Councillor
Stavinga's Office;
·
Councillor
Glenn Brooks’ Office;
·
Carleton
Landowners Association;
·
Friends
of the Jock; and
·
Ontario
Stone Sand and Gravel Association.
The Planning & Growth Management Department has lead responsibility for completing the wetlands resolution workplan through this stakeholder group. Support will be provided, as needed, from the City Manager’s Office, Public Works and Services (Drainage Services), Legal Services, Real Estate Services.
A report to Agricultural & Rural Affairs Committee in June, 2006, providing recommendations for addressing identified drainage issues, wetland identification and protection measures, an approach for addressing the Goulbourn landowner concerns regarding wetlands and options for broader City policies regarding environmental lands protection.
April 26, 2006 Meeting
May 5, 2006 Meeting
May 19, 2006 Meeting
May 26, 2006 – circulate draft report for comment
June 2, 2006 Meeting
June 8, 2006 – Final Report
June 22, 2006 – Report at the Agricultural & Rural Affairs Committee
STATUS OF WORK PROGRAM FOR RESOLUTION OF WETLAND CONCERNS DOCUMENT 2
Workplan Action |
Status |
Next steps |
Clarify understanding of proposed Ministry of Natural Resources (MNR) Review of the Ontario Wetland Evaluation System and submit relevant City issues for consideration in the review |
Telephone conversations with relevant MNR staff and conduct of a teleconference on April 21st with senior staff from City, MNR & Ministry of Municipal Affairs & Housing (MMAH) |
· City to continue exchange of information with MNR & MMAH representatives, working towards resolution of achieving a balance between environmental protection and landowner needs in land use planning · City to provide further comments on concerns with factors within the wetland evaluation system and input to MNR’s OWES review results during anticipated fall targeted consultation, either directly as a consultative member or through the Association of Municipalities of Ontario (AMO) |
Discuss likely direction and timing of MNR review with stakeholders |
City staff reported the above noted teleconference results to the Wetland Stakeholder Group through the meeting of April 26th; Provincial staff remained connected to the groups activities through e-mail and telephone communications, attending the stakeholder group meetings when feasible. |
Share future developments of this review with interested stakeholders through appropriate communication methods. |
Explore broad range of options for wetland conservation and identify alternatives to Official Plan designation; alternatives include range of approaches to land conservation and landowner compensation |
City staff have reviewed available literature and contacted relevant agencies to explore the range of conservation measures in practice and applicable to Ontario. These measures are described in a separate document, Landowner Options for Wetland Protection and incorporated into potential options for the City’s approach to wetland protection. |
The City to continue to share this information with landowners and relevant agencies. The City to advocate adoption of enhanced incentives by provincial and federal governments towards the objective of shared burden of environmental lands protection by the entire community. |
Action |
Status |
Next Steps |
Complete beaver and dam removal to restore natural drainage movement of water |
The City contracted a trapper to remove beavers and break up the dams in the problem area north of Flewellyn Road. The trapper worked through the spring of 2006 to remove existing beavers and discourage new residents. |
City staff will continue to monitor the beaver situation in this area, with the continued assistance of local residents that has been very helpful to date. |
Confirm that development over the last 10-20 years in the area to the north of the potential wetlands in the Flewellyn Road area of Goulbourn ward has not resulted in increased water to the Conley Road vicinity |
The City contracted Robinson Consultants to conduct a review of the field conditions and impact of recent development on the surface drainage within this area. The completed report is attached to this document. |
Implement the appropriate actions to restore pre-existing surface drainage to Flowing Creek. Review the identified actions for their environmental benefits by the City’s contractor conducting the Subwatershed Study for this area. |
Explanation of known aspects of wetland development, progress on wetlands research and MNR review |
Shaun Thompson, MNR biologist, presented selected aspects of the OWES to the Wetland Stakeholder Group on May 19th. The topics covered included a review of the criteria within the four factors (Biological, Hydrological, Social and Special Features) that comprise the scoring system and a review of upland and lowland indicator species. |
The City will continue to facilitate understanding of wetlands by distributing relevant information and responding to questions that arise through relevant experts. Education will also be undertaken to explain respective landowner and agency drainage responsibilities and clarification of allowable land uses for environmental designations, zoning. |
Develop approach for evaluation of cumulative effects from development and water-taking |
This item still needs to be developed, projected to be conducted in 2006/7; the timing depends upon finalization of Provincial Clean Water Act and associated regulations for source water protection legislation |
City to maintain liaison with Conservation Authorities and Ministry of the Environment re: progress on source protection planning and legislation status. Begin development of process for cumulative effects evaluation. |
Action |
Status |
Next steps |
Prepare materials that outline benefits of wetlands to groundwater and surface water quality and quantity (also emerged as concern at Rural Summit) |
The City has collected relevant wetlands factsheets from other jurisdictions (U.S. Environmental Protection Agency, Ducks Unlimited, MNR) and has undertaken limited distribution of these to date. |
Develop additional fact sheets to address any gaps in wetlands information, particularly in regard to existing and proposed City wetland policies. Establish a communications strategy on wetlands. |
Communicate likely impact of Clean Water Act, source water protection planning, to rural community, and rest of the City |
Comments on the proposed Clean Water Act and 1st set of regulations were presented to Planning & Environment and Agriculture & Rural Affairs Committees in January and March/April to finalize City comments on the draft legislation. Additional associated regulations are expected for circulation soon in 2006, along with the 3rd reading of the Clean Water Act |
City staff will continue to keep Council apprised of developments with the Clean Water Act & regulations, submitting comments on potential impacts on residents. Communications with the public will continue to be coordinated with the Conservation Authorities. |
Ensure integrated communication & consultation efforts with rural community on related planning initiatives –Greenspace Master Plan, Forest Strategy, Good Forestry Practices By-Law, Provincial Policy Statement |
Meetings will be held within the rural community on these subjects, as they arise as well as through conduct of regular consultation with the City’s newly formed Rural Issues Advisory Committee. |
Most of these are likely to occur through 2007/2008, pending Council adoption of a revised wetlands policy and through work for the 2008 Official Plan review. The OP review will include policy alignment with the 2005 Provincial Policy Statement. |
Action |
Status |
Next Steps |
Compile/Summarize results of Legal Services’ review of the approach of other jurisdictions in the area of wetlands protection and application of the Provincial Policy Statement |
Contact with other municipalities by both Legal Services and Environmental Sustainability staff revealed that very few jurisdictions have a similar situation to Ottawa, that being the identification of new significant wetlands. Ottawa appears to be taking the closest look at the concern of identifying new environmental lands that were previously thought to have different characteristics by their landowners and community due to existing Official Plan designation. |
The City will share information with interested agencies and municipalities in regard to the progress in balancing environmental protection and landowner needs. |
Conduct research on impacts of environmental designations on property value; identify options for mitigation; build into environmental areas acquisition policy or other policies, as appropriate |
The City contracted Juteau Johnson Comba Inc. to conduct a comprehensive review of the impact upon property values should the Official Plan designation and zoning become more restrictive. A report on this work is pending in early June 2006. |
Share the review results with the stakeholder group and incorporate into wetland policy options where feasible. |
Develop overall policy for wetland protection, including options for landowner compensation and assessment of how this policy’s context might apply to within urban area and to other Official Plan environmental designations |
A preliminary policy approach for addressing the potential wetlands is proposed that responds specifically to the Goulbourn landowners. Some aspects of this approach are recommended for a broader City wetlands policy along with additional work to refine this policy through the 2008 Official Plan review process. Policy considerations include assessment of a combination of social and environmental factors such as existing land use, landowner needs and plans, tenure, population density, environmental feature size, ecosystem function and type of environmental feature. |
Conduct of additional work on wetlands policy for the 2008 OP review, with ongoing consultation with the advisory committees for environment, forests and greenspace and rural issues. |
EXCERPT FROM DRAINAGE REVIEW REPORT FROM ROBINSON CONSULTANTS DOCUMENT 3
SUMMARY OF AVAILABLE CONSERVATION MEASURES FOR
ENVIRONMENTAL LANDS DOCUMENT
4
Table of
Contents
1.2. Acquisition
with 3rd Party Support
1.2.1. Natural Spaces Program –
Acquisition
1.2.2. Wetland Habitat Fund (See
also Section 2.6)
1.2.3. Ontario Land Trust
Assistance Program (OLTAP) (See also Section 2.7)
2.2. Designation
in the Official Plan
2.3. Conservation
Land Tax Incentive Program
2.5. Canada's
Ecological Gifts Program
2.6. Wetland
Habitat Fund (See also Section 1.2.2)
2.7. Ontario
Land Trust Assistance Program (OLTAP) (See also Section 1.2.3)
2.8. Natural
Spaces Program – Stewardship
2.10. Education
& Awareness Programs
2.11. Grants
and Technical Assistance
Appendix A -
The Natural Spaces Program
Appendix B –
Local Land Trust Details
Appendix D – Green Cover Program
Press Release
Appendix E -
Websites and Sources of information
The options below have been researched in response to
concerns over landowner rites and environmental protection within Goulbourn.
The following options reflect the most common ways lands are protected, as well
as the most desirable outcomes for landowners. Please see this as a working
document. As more information comes to bear on particular options, then it will
be added to this document. The purpose of providing this to the group now is to
get all options on the table at the earliest moment.
Initial research turns up two key strategies, ‘retention of
ownership’ and ‘transfer of title’. Each strategy contains a number of options
for consideration. For each of these options there is a table giving its name,
the type of scheme it is, who administers it and where the information was
sourced from. Below this there is a summary of the option which includes
information from the website or from conversations with representatives of the
respective organisation. Italicised information has come directly from the
organisations website.
Where no information exists this would be a ‘made in Ottawa’
option.
The outcome of any transfer of title would be based on the assessment value of the property. Work continues to determine if there would be a change in property value due to wetland designation and any subsequent adoption into the City of Ottawa’s Official Plan (OP). the following information does not speculate on values of property, rather it outlines the common ways in which properties transfer their title.
1.1.
Acquisition
|
|
Type: |
Acquisition |
Administrator: |
Agency with Specified Property
Interests |
Source: |
TBC |
Fee
Simple
This
involves a 3rd party purchasing the property in the traditional
sense and gaining outright ownership.
Right
of First Refusal
This
provides a 3rd party with the first opportunity to buy the land if
it is put up for sale, or the right to meet any other offer the landowner might
receive for the property.
Option
to Purchase
This
involved a contract between the landowner and the purchasing party that states
that the landowner agrees to sell the property to the purchaser at a
predetermined price on or before a certain date. This option is useful in order
to allow the purchaser time to raise necessary funds.
Instalment
Sale
An
instalment sale allows a purchaser to buy parts of the property over time,
again making it easier for the purchaser to generate funds.
Purchase
and Saleback
In this
scenario the 3rd party acquires a property, attaches restrictions to
it (i.e. conservation easement), and then sells it back on the open market.
Lease
Under a
leasing arrangement rent is paid in exchange for certain property rights /
interests. This option may benefit landowners who are reluctant to give up all
or part of their property in perpetuity or unwilling to sell their land to
government. They also enable Land Trusts to get involved from a land management
point of view. Leases are a well-understood and commonly used contract process,
however they may only provide short-term solutions.
Lease
to own
As above
but a contract is agreed whereby the 3rd Party acquires the property
if they maintain payments over an agreed period of time. Like Instalments this
option gives a 3rd party the opportunity to generate the funds over
time.
Expropriation
Similar
approach to the NCC buying lands for the greenbelt back in the 1950’s. This
approach would see the Agency buying land at fair market value, and in some
cases leasing it back to the landowner.
1.2.
Acquisition with 3rd
Party Support
|
|
Type: |
Acquisition |
Administrator: |
See below |
Source: |
See below |
The
following funding programs should be considered if acquisition of properties is
to be considered.
1.2.1.
Natural Spaces Program
– Acquisition
|
|
Type: |
Acquisition
/ Retention of Ownership (with Conservation Easements) |
Source: |
Ontario
Heritage Trust / Local Land Trust |
Administrator: |
1.2.2.
Wetland Habitat Fund
(See also Section 2.6)
|
|
Type: |
Acquisition
/ Stewardship |
Source: |
Various |
Administrator: |
·
The Wetland Habitat Fund provides private landowners
with financial and technical assistance for projects that improve the
ecological integrity of wetland habitats.
·
Habitat projects that meet WHF criteria may be eligible for
funds to a maximum of 50 per cent of the project cost or $5,000 (whichever is
less). Projects of an exceptional nature, such as acquisitions, may be funded
with different ceilings i.e. $50,000 (match funding required).
·
Projects submitted for funding consideration should have a
completed wetland conservation plan that focuses on specific improvements to
wetland and neighbouring upland habitat on private land. Landowners with approved projects sign a Conservation
Agreement ensuring the upkeep of the project site for a period of 10 years.
·
Funding for wetland
protection may increase next year, and the next call for proposal will be this
autumn.
·
WHF also provides free
on-site advice to landowners about wildlife and habitat, and help landowners
with project plans and proposals.
1.2.3.
Ontario Land Trust Assistance Program (OLTAP) (See also Section 2.7)
|
|
Type: |
Acquisition or Retention of Ownership (with Conservation
Easement) |
Administrator: |
Local Land Trust |
Source: |
“A land trust is a non-government, non-profit organization established to preserve land and water resources for the benefit of the public. Most often, the resources being preserved have natural, recreational, scenic or historic value. When used in this manner, the term “trust” means the resource is made permanently safe against harmful uses. Land trusts can be local, regional or nationwide in focus and are funded largely through membership dues and donations. They vary in size from small land trusts operated by volunteers to organizations that employ professional staff to own and manage their lands. These organizations can own thousands of acres. Most land trusts have charitable status.”
·
Grants are available for land securement costs for donations
or purchase of title of conservation easements involving ecologically
significant lands. Eligible securement costs include appraisal, survey, legal,
planning approval fees and environmental audit costs. Land transfer taxes
associated with the purchase of lands and conservation easements will also be eligible.
·
Grants from $1,000 to $10,000 will be available through the
Ontario Ministry of Natural Resources funded program and an administration fee
of 5% of the total grant will be invoiced to successful applicants. Grants from
$1,000 to $6,000 will be available through the Environment Canada-Ontario
Region program and there is no administrative fee for grants awarded under this
program. Environment Canada-Ontario Region funded grants are limited to
properties secured under the Ecogift program. The same application is to be
used for both programs.
·
Grants through the Ontario Ministry of Natural Resources
funded program are for securement costs of lands or conservation easements
donated or purchased and completed between October 1, 2005 and the date of the
application
·
In cases where properties or easements have been donated, to
comply with privacy issues, individual applicant organizations are asked to
include proof that the donor has been made aware that information pertaining to
their donation may be submitted to OLTAP in funding proposals.
o
Land
Preservation Society of the Ottawa Valley
As the environmental, social and more recently economic value of wetlands has been realised, there has been an increasing number of options and incentives developed across the Province to conserve wetlands. The following options represent those that have been used successfully elsewhere, as well as other options that could be considered – namely expropriation and designation.
2.1.
Compensation
|
|
Type: |
Financial
settlement |
Administrator: |
City of
Ottawa |
Source: |
|
Under this option the
City of Ottawa could consider paying landowners the difference between the
value of the property, and the value of the property’s assessed development
opportunity, assuming there is one. In return the City would designate the
property as a Wetland in the Official Plan and / or consider other restrictions
on the title of the land such as a conservation easement. Either way the
property would be protected in perpetuity.
2.2.
Designation in the
Official Plan
|
|
Type: |
Environmental Protection |
Administrator: |
City of
Ottawa |
Source: |
Provincial
Policy Statement |
Under this option the City adopts the evaluated wetlands into the
Official Plan by designating them as a “significant wetland”. This option has
been included as it may be acceptable to some landowners, particularly if some
of the other options in this document are implemented alongside it. It would
help ensure the lands are managed responsibly by ensuring any development on
the property follows the criteria included within the Official Plan and its
Zoning By-Law.
2.3.
Conservation Land Tax
Incentive Program
|
|
Type: |
Tax Incentive - Property Tax Exemption |
Administrator: |
Ministry of Natural Resources
(MNR) |
Source: |
http://www.mnr.gov.on.ca/MNR/cltip/ |
“The Conservation Land Tax Incentive Program (CLTIP) is
designed to recognize, encourage and support the long-term private stewardship
of Ontario's provincially significant conservation lands by providing property
tax relief to those landowners who agree to protect the natural heritage values
of their property. The current tax relief offered is 100 % tax exemption on
that eligible portion of the property.
The CLTIP is not a land acquisition program. Participating
landowners retain full ownership and property rights. This program is also not
associated with Conservation Authorities or Conservation Authority properties”
2.4.
Tax Checkoff
|
|
Type: |
Tax Incentive – Charitable Donation |
Administrator: |
Ontario Ministry of Finance |
Source: |
|
Used successfully in the US this provides the taxpaying public with an opportunity to donate a proportion of their income tax refunds specifically to wildlife / land management programs.
Tax
Checkoffs are currently used by the Ontario government, who provide the public
with the option to donate some of all of their tax refund to the Ontario
Opportunities Fund. This fund goes towards reducing Ontario’s debt and can be
found on page 4 of your return. Donors are given a receipt that can be used on
the following year’s return.
2.5. Canada's Ecological Gifts Program
|
|
Type: |
Tax Incentive - Acquisition or Retention of
Ownership (& charitable donation) |
Administrator: |
Environment Canada |
Source: |
“Since 1995, Environment Canada's Ecological
Gifts Program has enabled individual and corporate landowners to protect their
cherished piece of nature forever by donating ecologically-sensitive land to an
environmental charity or government body. An "ecogift" can be a
donation of land or a partial interest in land - such as a conservation
easement, covenant or servitude (for definitions see Appendix
C).
In addition to the peace of mind of knowing that the land will be managed by
the recipient according to mutually agreed-upon conservation goals and
objectives, donors are also eligible to receive income tax benefits for their
donation.”
·
Conservation easements, covenants and servitudes are legal
agreements in which a landowner retains ownership of his/her property but
conveys certain specifically identified rights to a land conservation
organization or a public body. The owners, or future owners, agree not to make
changes to the property that would detrimentally affect the natural features of
the site, e.g. in-filling wetlands. These instruments place restrictions on the
lands that are attached to the deed for the property.
·
The organization holding the conservation
easement/covenant/servitude is responsible for monitoring compliance with the
terms of the agreement, and has the right to enforce the restrictions under
provincial laws and to require restoration should the terms be broken.
·
Eco-Gifts are gifts of the full title to a property, or of
the value of conservation easement, covenant or servitude attached to that
title as defined under the legislation of your province or territory. You may
donate such land outright or choose to keep it, but with restricted long-term
use or perhaps restricted access.
·
Individuals or corporations can donate private land to the
federal, provincial or territorial governments, Canadian municipalities, or one
of about 136 approved charities.
·
Individuals receive a federal tax credit (corporations
receive a deduction), for the value of the land donated. The amount of the
credit or deduction is 17% of the first $200 of land value and 29% of the
remaining. Unlike other charitable donations, these credits and deductions can
be used against up to 100% of their annual income. Unused portions of the tax
credit or deduction can be carried forward for up to five additional years. The
February 2000 federal Budget introduced further changes to the Income Tax
Act that reduced by 50%, the amount that would otherwise be included as
income on any capital gains associated with the gift.
·
Should the recipient of donated lands decide to sell,
transfer or modify the land use of the property, the advice and approval of a
designated Certification Authority is required. A tax penalty equal to 50
percent of the value of the land at the time of disposition may have to be paid
to the federal government without such approval. Although this does not
"guarantee" the protection of Ecogifts in perpetuity, it provides a
substantial deterrent to changes in land use. Gifts of easements, covenants and
servitudes are regulated under provincial and territorial law and are usually
given in perpetuity.
2.6.
Wetland Habitat Fund
(See also Section 1.2.2)
|
|
Type: |
Acquisition
/ Stewardship |
Source: |
Various |
Administrator: |
·
The Wetland Habitat Fund provides private landowners
with financial and technical assistance for projects that improve the
ecological integrity of wetland habitats.
·
Habitat projects that meet WHF criteria may be eligible for funds
to a maximum of 50 per cent of the project cost or $5,000 (whichever is less).
Projects of an exceptional nature, such as acquisitions, may be funded with
different ceilings i.e. $50,000 (match funding required).
·
Projects submitted for funding consideration should have a
completed wetland conservation plan that focuses on specific improvements to
wetland and neighbouring upland habitat on private land. Landowners with approved projects sign a Conservation
Agreement ensuring the upkeep of the project site for a period of 10 years.
·
Funding for wetland
protection may increase next year, and the next call for proposal will be this
autumn.
·
WHF also provides free
on-site advice to landowners about wildlife and habitat, and help landowners
with project plans and proposals.
2.7.
Ontario Land Trust Assistance Program (OLTAP) (See also Section
1.2.3)
|
|
Type: |
Acquisition
or Retention of Ownership (with Conservation Easement) |
Administrator: |
Local Land Trust |
Source: |
“A land trust is a non-government, non-profit organization established to preserve land and water resources for the benefit of the public. Most often, the resources being preserved have natural, recreational, scenic or historic value. When used in this manner, the term “trust” means the resource is made permanently safe against harmful uses. Land trusts can be local, regional or nationwide in focus and are funded largely through membership dues and donations. They vary in size from small land trusts operated by volunteers to organizations that employ professional staff to own and manage their lands. These organizations can own thousands of acres. Most land trusts have charitable status.”
·
Grants are available for land securement costs for donations
or purchase of title of conservation easements involving ecologically significant
lands. Eligible securement costs include appraisal, survey, legal, planning
approval fees and environmental audit costs. Land transfer taxes associated
with the purchase of lands and conservation easements will also be eligible.
·
Grants from $1,000 to $10,000 will be available through the
Ontario Ministry of Natural Resources funded program and an administration fee
of 5% of the total grant will be invoiced to successful applicants. Grants from
$1,000 to $6,000 will be available through the Environment Canada-Ontario
Region program and there is no administrative fee for grants awarded under this
program. Environment Canada-Ontario Region funded grants are limited to
properties secured under the Ecogift program. The same application is to be
used for both programs.
·
Grants through the Ontario Ministry of Natural Resources
funded program are for securement costs of lands or conservation easements
donated or purchased and completed between October 1, 2005 and the date of the
application
·
In cases where properties or easements have been donated, to
comply with privacy issues, individual applicant organizations are asked to
include proof that the donor has been made aware that information pertaining to
their donation may be submitted to OLTAP in funding proposals.
2.8. Natural Spaces Program – Stewardship
|
|
Type: |
Stewardship |
Source: |
Ottawa
Stewardship Council |
Administrator: |
http://www.naturalspaces.mnr.gov.on.ca,
www.ontariostewardship.org/ottawa
or http://www.easternontariostewardship.org/ottawa/english/welcome/index.html. |
“The Natural
Spaces Program provides tools and resources so that landowners can voluntarily
contribute to the good stewardship of Ontario's rich natural heritage. The
program will cover an area south of a line from Midland through Peterborough to
Ottawa, which is home to the province's greatest diversity of plants and
animals. See Appendix xxxxxx for more information.
·
Joffre Cotte is
the Ottawa Stewardship Coordinator and is based at the Rideau Valley
Conservation Authority. He is responsible for coordinating the stewardship
aspect of the Natural Spaces Program Much of his role is about coordinating
many of the programs already available to landowners.
·
According to Joffre Ontario Stewardship has been very
successful. Staffed by volunteers they take largely a proactive role working
with landowners to offer the following support:
o
Providing public awareness / education resources
o
Wetland protection advice to landowners
o
Advising on the development of a strategy / policy to work
with landowners
·
Ottawa Stewardship works with both organisations that are
involved in the Conservation Land Tax Incentive Program as well as other
landowners that wish to protect / restore their land.
·
Depending on the property they may involve partners such as
Wildlife Habitat Canada (Ontario Wetland Habitat Fund) or Ducks Unlimited.
Where one or more of these organisations makes investments in a property, it is
likely that they will require a management agreement, even if they are involved
in the Conservation Land Tax Incentive Program.
·
For more information call Joffre Cote on 1.800.267.3504 ext 119 or visit
2.9. Farm Plans
|
|
Type: |
Stewardship
|
Source: |
The
Ontario Soil and Crop Improvement Association (OSCIA) |
Administrator: |
http://www.ontariosoilcrop.org/cms/en/Programs/ProgramsAboutEFP.aspx?menuid=24
|
The Greencover Canada program
is a five-year, $110-million Government of Canada initiative to help landowners
improve grassland-management practices, protect water quality, reduce greenhouse-gas
emissions, and enhance biodiversity and wildlife habitat. A national program,
Greencover Canada focuses on four components:
The
Agriculture Policy Framework has an implementation agreement with Ontario for
farms that have developed ‘plans’. Ontario farms that produce an
Environmental Farm Plan (EFP) which is deemed appropriate through peer review
may be eligible to apply for cost-sharing to implement environmental actions
identified in their farm plans. For more information see Appendix D.
2.10. Education & Awareness Programs
|
|
Type: |
Various |
Source: |
Various |
Administrator: |
|
A
number of 3rd party organisations have offered to support this work
and help work with promote options to landowners to encourage environmental
protection. These organisations include the Rideau Waterway Land Trust, Wetland
Habitat Fund and the Ottawa Stewardship Council. These organisations would
likely establish better relationships with the landowners than the City of Ottawa,
and could be used in one of the following ways.
Landowner Contact
By
developing a personal 2-way relationship with the landowner, this approach can
help determine how amenable a landowner is towards the various options
available. Face to face visits may determine which strategy should be employed,
as well as providing the opportunity to educate the landowner on the importance
of their land. This approach has been used successfully in the past by the
Natural Heritage Stewardship Program and may increase opportunities to engage
landowners in more permanent strategies once a trusting relationship is
developed.
Registration / Stewardship Programs
These
recognise the landowners that are contributing to the protection of the
wetlands by including their name on websites and / or providing awards. Good
educational opportunity with associated publicity. See http://www.whc.org/stewardship_awards.htm
for one such Awards scheme run by Wildlife Habitat Canada.
Educational Programs. Whatever methods chosen above, an
educational program of some sort should be considered to help make landowners
and the general public aware of why the MNR and others are keen to protect and
conserve these lands.
2.11.
Grants and Technical
Assistance
|
|
Type: |
Various |
Source: |
Various |
Administrator: |
Grants / Funding
There is a range of programs that support community / landowner
wetland rehabilitation and wildlife management projects. Support ranges from
technical advice to funding. The following organizations are a few examples of
the type of support available. Note that technical assistance is also part of
many of the programs listed above.
Community Fisheries and Wildlife
Involvement Program (CFWIP)
·
EcoAction is an Environment Canada funding program that
helps groups carry out projects that protect or improve the environment and/or
increase environmental awareness and capacity in their community.
·
At least half of the total value of your project needs to
come from sources other than the federal government. Contributions from other
sources can be in the form of cash, in-kind support, or a combination of both.
In-kind support can include donations of:
·
Examples of eligible groups include environment groups;
community groups; and Representative Aboriginal organizations or
associations
·
Funding is available up to a maximum of $100 000; however,
the average amount is $30 000. It is provided on February 1st and
October 1st annually.
·
Before you
begin, please contact the EcoAction office representing your province or
territory to discuss your project idea.
·
See http://www.ec.gc.ca/ecoaction/applicants_guide_e.html for more
information
·
http://www.speciesatrisk.gc.ca/support/esrf_frep/default_e.cfm
·
http://www.cws-scf.ec.gc.ca/hsp-pih/
·
The trillium Foundation primarily funds community projects,
however they also support “initiatives that protect and restore the environment or that increase
awareness our vital relationship with the ecosystem. We fund activities that
help communities take a leadership role in protecting their natural
environments and habitats and that promote healthy living. We support
environmental organizations in their efforts to become more efficient and to
use their volunteers more effectively.”
·
For
more information visit http://www.trilliumfoundation.org/cms/en/eligible_Sectors.aspx.
·
The
Natural Spaces program’s working vision
is:
“To provide
sustainable greenspaces for healthy & diverse ecosystems, clean air and
water, provide recreation and enhance the quality of life for Ontario
residents”.
·
The
Natural Spaces program will complement and support a full range of related Provincial
initiatives, including:
o
Ontario
Biodiversity Strategy and Species at Risk (through natural heritage systems approach)
o
Ontario
Trails Strategy (with
MTR)
o
Source-water
Protection
(utilizing planning processes and resources)
o
Rural
Plan and Agricultural Viability (supporting MMAH and OMAF)
o
Tax
incentive programs
with Ministry of Finance (CLTIP & MFTIP)
o
Renewable
Energy initiative
o
Places
to Grow (protecting
what’s “valuable” in the Greater Golden Horseshoe Growth Plan)
o
Greenbelt Plan (system delineation; conservation/reforestation)
o
Niagara
Escarpment Plan
o
Planning
Reform (PPS natural
heritage policies)
o
Environmental Farm Plan initiatives
·
The
Natural Spaces program will cover that part of Ontario south of a line between
Midland, Peterborough and Ottawa. Ninety per cent of the land in this area of the province is
privately owned. Protecting and
restoring natural areas and conserving greenspace can only be achieved with the
participation of landowners.
Key Program Components
·
Natural Spaces Leadership Alliance:
A stakeholder group of representatives from environmental organizations,
municipal government and industry has been named by the Minister as an advisory
body and collaborative partners to develop the Natural Spaces program. Alliance meetings began in September.
·
Identifying natural heritage
systems: Working with conservation and
municipal partners, the Ministry will identify natural heritage systems to
sustain healthy and diverse ecosystems in southern Ontario. This initiative
will take a building block approach, starting with the Greenbelt and Growth
Plan and providing guidance across the rest of Southern Ontario as
municipalities work to implement the new provincial policy standard for natural
heritage systems.
·
Southern Ontario Land Resource
Information System (SOLRIS):
SOLRIS is one of the tools that will be offered to help identify
conservation priorities and restoration potential for landowners and
conservation organizations, by producing maps of land cover such as forests,
wetlands and urban areas. SOLRIS will also allow for the tracking of changes in
land cover and land use over time.
·
Stewardship: The Natural Spaces program will develop new strategies for
cooperation and collaboration with conservation groups. It will respond to stakeholder requests for
enhanced communications and strategic direction on natural heritage system
priorities. As well, the Natural Spaces
program will develop new materials and approaches to support work with private
landowners.
·
Land
securement and acquisition: The Natural Spaces program will
work with the Ontario Heritage Trust, in partnership with the Ministry of
Culture, to acquire and permanently secure significant natural heritage
properties across southern Ontario. The
Heritage Trust received a $6 million grant for securement and stewardship of
natural heritage lands. The program
will also provide an ongoing forum for identification of common securement
goals, partnerships and innovative approaches among stakeholders.
·
Native
tree seed program: The Natural Spaces program will help restore
the lands and forests of southern Ontario through a partnership with the Trees
Ontario Foundation. This includes a $2-million grant to Trees Ontario to
increase the future availability of native tree seedlings. The Southern Ontario forestry strategy will
be reviewed, and Ministry and stakeholder forestry initiatives will be
discussed with the Alliance to identify opportunities for collaboration.
·
Tax
incentives: The Natural Spaces program will promote
voluntary programs to encourage southern Ontario landowners to conserve and
restore natural areas on their property.
Existing land tax incentive programs, recently improved as a result of
MNR diligence, include the Conservation Land Tax Incentive Program (CLTIP) and
the Managed Forest Tax Incentive Program (MFTIP).
·
Socio-economics
of Natural Heritage: Together with the Canadian Urban
Institute, the Natural Spaces program will prepare a review of the
socio-economics benefits of conserving natural heritage, for example the
identification of additional sources of income for landowners through natural
heritage protection and the economic value to municipalities of careful
planning to maintain a healthy rural landscape.
·
Natural
Spaces Report Card:
A report card will be developed as part of MNR's State of Resources Reporting
(SORR) to monitor and measure the effectiveness of the Natural Spaces program.
Frequently Asked Questions from Ontario Heritage
Foundation – Natural Spaces Program[2]
1.
How is the $6-million allocation being
utilized?
$4.5 million is available for the acquisition of fee simple and conservation interests in privately owned natural heritage lands. Additionally, $1.2 million is available for land stewardship activities on newly acquired lands.
2.
How are interests in privately owned natural
heritage lands being acquired?
Interests in privately owned lands are being acquired in partnership with other conservation organizations, using the principle of "willing seller-willing buyer" at appraised market value.
3.
What organizations can participate in the
Ontario Heritage Trust’s Natural Spaces Land Acquisition and Stewardship
Program?
Conservation bodies as defined in the Conservation Land Act can participate. Examples include:
· The Crown
· A conservation authority
· A municipality
· An incorporated corporation that is a registered charity
· A trustee of a charitable foundation.
Please refer to Section 3.(1) of the Conservation Land Act for a complete definition of "conservation body."
4.
Does the Program have geographic limitations?
Yes. To be considered under the program, a property must be located in southern Ontario (as defined by the Ontario Ministry of Natural Resources Eco-Regions 6E and 7E – roughly the area south of the Precambrian Shield).
5.
What kinds of natural heritage lands are
considered to be provincially significant?
Examples of natural heritage lands include:
· a wildlife habitat area or corridor
· source water area
· areas of ecological representation
· large woodlands or wetlands and connecting linkages
· key trails that have been identified in reports, databases or mapping published by the province.
Other examples include lands that have been identified in provincial plans and lands that attract high recreational interest.
6. What organizations can hold title to newly acquired properties?
Title must be held by the Ontario Heritage Trust or another public agency, unless otherwise agreed to by the Trust and the Ministry of Natural Resources. Where the title of newly acquired land is not held by the Trust, it will be subject to a conservation easement held by the Trust.
7.
Are partners expected to contribute
financially to the acquisition and stewardship costs?
Yes, partners are expected to contribute at the 50 per cent level.
8.
How will funding applications be reviewed?
Who makes the decisions on funding?
Each application will be subject to an eligibility review by the Trust's Land Acquisition and Stewardship Committee, comprised of staff from the Ontario Heritage Trust and the Ministry of Natural resources. Decisions on funding will be made by the Trust's Board of Directors.
9.
Will the program refund expenditures for
recently acquired properties or conservation easements?
No. Properties or conservation easements that have already been acquired are not eligible for reimbursement through this program. Also, acquisitions that are nearly completed (e.g., completed appraisal, completed agreement of purchase and sale) will not be considered by the program.
10.
What kind of stewardship projects will the
program consider for funding?
The program will consider funding stewardship projects related to newly acquired lands. Eligible costs include:
· Preparation of stewardship plans
· Costs to inventory, enhance, restore or protect important natural or cultural resources
· Costs to further public understanding of the natural and cultural resources through the use of outdoor interpretive and educational signs and displays
· Costs to improve public access, safety, use and enjoyment of these lands
·
Production costs for approved signs, displays
and interpretive media
11.
Where can I find more details on the program
and funding eligibility?
The Ontario Heritage Trust's Coordinator for the Natural Spaces Land Acquisition and Stewardship Program can answer your questions and provide additional information. Please contact:
Tony Buszynski
Coordinator, Natural Spaces Land Acquisition and Stewardship Program
Ontario Heritage Trust
10 Adelaide Street East
Toronto, Ontario
M5C 1J3
Telephone: 416-325-5033
Fax: 416-325-5071
E-mail: tony.buszynski@heritagefdn.on.ca
Land Trust |
Contact Name and number |
Email |
Website |
Priorities |
Land Preservation Society of the Ottawa Valley |
Mark Stabb (former director) |
|
none |
Mark has moved to Toronto and it
appears no one has yet to replace him. No contact details of the Society
could be found, but from others it appears they focus their work in the
Arnprior area. |
Mississippi Madawaska Land Trust Conservancy |
Ted Mosquin on 613.267.4899 |
mosquin@superaje.com |
None |
Determining priorities at the
moment, but happy to sit down the City and RWLT to discuss opportunities. |
Rideau Waterway Land Trust (RWLT) |
Sharon Walker on 1.800.588.9887 |
sharonw@rwlt.org |
www.rwlt.org |
PSW a priority. Work within Rideau corridor and would be
interested in holding title to properties or managing easements. |
Rideau Valley Conservation Foundation (RVCF) |
|
|
http://www.rideauvalley.on.ca/foundation/index.html |
Properties include the Rideau Valley watershed, including
one in central Ottawa. Have largely accepted donations over past 10 yrs. |
Definitions from the Canadian
Wildlife Service (http://www.cws-scf.ec.gc.ca/egp-pde/cov)
and from the Ontario Land Trust Alliance
(http://www.ontariolandtrustalliance.org)
Conservation Easements: are legal documents that place restrictions on the
use and development of land. These are registered in perpetuity on the title of
the property and are therefore legally binding on subsequent landowners.
Landowners in effect sell certain rights to their land, often in return for tax
benefits of some sort. Enhanced tax benefits encourage landowners to attach
easements, servitudes and covenants (all legal agreements) to title deeds. Land
Trusts are logical recipients, although some government agencies can accept
land as well
Covenant: An agreement between parties
whereby one party has rights to the land of the other. For the purposes of the
Ecological Gifts Program, covenants function to protect and conserve natural
features, wildlife habitats or other heritage values. In addition to
restrictions on land use, covenants are usually accompanied by a right of
access for monitoring and enforcing compliance. All covenants donated through
the Ecological Gifts Program must be registered on the title to the land, and
bind future owners to the terms of agreement.
Servitude: In conservation terms, a legally
binding agreement made between a landowner and a conservation organization or
government agency for the purposes of protecting and conserving natural
features, wildlife habitats, or other heritage values. The definition of total
ecological gifts in Canada’s Income Tax Act
includes servitudes “for the use and benefit of dominant land”. Consequently,
the recipient of the donated servitude must own land that borders on the land
to which the donated servitude applies in order for the servitude to qualify as
an ecological gift under the Act. Only a real servitude can qualify as Ecogift.
All servitudes donated through the Ecological Gifts Program must be registered
on the title to the land, and bind future owners to the terms of agreement.
Covenants, easements and servitudes are similar in nature.
Definitions within provincial and territorial legislation may vary, so always
consult the appropriate legislation for exact information
MEDIA RELEASE
For Immediate Release
September 21, 2005
Creative partnership struck to give boost to Greencover Canada
A promising partnership has been struck to improve the availability of
on-farm technical and financial assistance for some environmental beneficial
management practices (BMPs). The Ontario Soil and Crop Improvement Association
(OSCIA) selected Conservation Ontario (CO), which represents 36 watershed-based
Conservation Authorities (CAs) across the province, to help deliver the
Greencover Canada program to producers.
OSCIA has been chosen by Agriculture and Agri-Food Canada (AAFC) to
deliver the Ontario portion of the Greencover Canada (GC) program which offers
technical and financial assistance to agricultural producers wishing to adopt
BMPs aimed at improving soil productivity, protecting water quality, reducing
greenhouse gas emissions, and enhancing biodiversity and wildlife habitat.
Eligible projects include: buffer strips and livestock fencing projects
alongside watercourses, structural erosion control work next to creeks, and
tree shelterbelt plantings. The program offers up to 50 percent cost-share to a
maximum of $20,000 per registered farm business to establish eligible BMPs.
Through the special arrangement, Conservation Authorities will provide
on-farm technical assistance when requested by the producer, for work involving
eligible GC practices. In return, CAs will receive modest compensation for each
completed project, directly from OSCIA, to help cover a portion of the
incremental costs associated with the service provided. The funding to support
the OSCIA-CO arrangement comes through the $15 million agreement that OSCIA has
with AAFC.
OSCIA President, Kevin Ferguson, says the arrangement with CO will
result in more BMPs being implemented on the ground where they are needed.
“Environmental work along watercourses has been a tough sell to many Ontario
producers as compared to in-field practices that offer the farmer a promise of
return on investment. Having skilled specialists from the watershed authorities
available to offer ideas and advice onsite, at no direct charge to the farmer,
will result in more producers taking advantage of what GC offers.”
Peter Krause, Chair of Conservation Ontario, is excited with the
prospect of 36 Conservation Authorities being involved in province-wide
delivery of this program to the agricultural community. “We have a solid team
of professional and technical staff that are eager to complement the delivery
expertise that OSCIA is known for.
Offering environmental assistance to farmers has been an important
activity for many Authorities over the years.”
For more information contact:
Andrew Graham, OSCIA, Guelph
Tel: 519-826-4216 Email:
andrew.graham@ontariosoilcrop.org
OR
Richard Hunter, Conservation Ontario,
Newmarket Tel: 905-895-0716
Email: dhunter@Conservation-Ontario.on.ca
*note that more websites are contained in the report
above.
Funding
Environment Canada – Eco Action Fund - http://www.ec.gc.ca/ecoaction/checklist_e.html
Wetland Habitat Fund - http://www.whc.org/wetlandfund/
Wet Kit – Ontario Funding Programs - http://www.wetkit.net/modules/1/sub_category_search_results.php?parent_cat_id=29&cat_id=42&aux_cat_id=®ion_id=9
Environment Canada – Species at Risk - http://www.speciesatrisk.gc.ca/support/esrf_frep/default_e.cfm
MNR – Conservation Land Tax Incentive Program - http://www.mnr.gov.on.ca/MNR/cltip/
MNR – Natural Spaces Program - http://www.naturalspaces.mnr.gov.on.ca/
Wetland education resources
US EPA - http://www.epa.gov/owow/wetlands/
Ducks Unlimited - http://www.ducks.ca/resource/general/wetland/pdf/water.pdf
MNR (A Guide to Stewardship Planning for Natural Areas) -
http://www.mnr.gov.on.ca/mnr/forests/public/guide/stewardship_planning/06/stewardship_guide.pdf
Living Planet – The Economic Value of the World’s Wetlands
(PDF document) - http://www.livingplanet.org/downloads/freshwater/wetlandsbrochurefinal.pdf
Ducks Unlimited - http://www.ducks.ca/resource/general/wetland/facts.html
US EPA - http://www.epa.gov/watertrain/pdf/WetlandsFunctions.pdf
US EPA - http://www.epa.gov/watertrain/pdf/WetlandsFunctions.pdf
US EPA - http://www.epa.gov/watertrain/pdf/WetlandsFunctions.pdf
International
Institute of Sustainable Development - http://www.iisd.org/wetlands/
http://www.on.ec.gc.ca/wildlife/wetlands/images/securementmap04-lrg-e.gif
General Links
Canadian Wildlife Service (Ontario Division) - http://www.on.ec.gc.ca/wildlife_e.html
Ministry of Environment (Ontario) - http://www.ene.gov.on.ca/envision/water/cwa.htm
Ducks Unlimited - http://www.ducks.ca/resource/landowner/easement.html
Canadian Wildlife Society - http://www.cws-scf.ec.gc.ca/egp-pde/
Landowners Resource Centre – Rideau Valley CA - http://www.lrconline.com/
http://www.ontariosoilcrop.org/User/Docs/EFPInfosheets/PEG%20-COFSP%20GC%20COWSEP.pdf
Ontario Heritage Foundation - http://www.heritagefdn.on.ca/scripts/home.asp?action=31&P_ID=1&N_ID=1&U_ID=0&OP_ID=2
Ottawa Duck Club - http://odc.ncf.ca/links.html
Ottawa Field Naturalists Club - http://www.ofnc.ca/index.html
Nature Conservancy Canada - http://www.natureconservancy.ca/files/frame.asp?lang=e_®ion=4&sec=on_welcome
Wildlife Habitat Canada - http://www.whc.org/home.htm
U of Guelph - http://www.uoguelph.ca/~claws/
Ontario Land Trust Alliance - http://www.ontariolandtrustalliance.org/
Findlay Creek Community (Tartan Homes) - http://findlaycreekcommunity.com/
PRELIMINARY EDUCATION MATERIALS FOR
WETLANDS
AND DRAINAGE DOCUMENT
5
Overview of How
Drain Maintenance Activities Adhere to Environmental Requirements
Drainage in rural areas is accomplished by a system of natural watercourses and municipal drains. In some areas natural watercourses may have municipal drain status, pursuant to the Drainage Act. Regardless of whether or not the drainage feature is a municipal drain or a natural watercourse, they are both considered “watercourses” within the definition provided in Section 28 (25) of the Conservation Authorities Act (R.S.O. 1990, Chapter C. 27), and are therefore subject to the Conservation Authority’s “Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” regulation (Ontario Regulation 174/06).
Rideau Valley Conservation Authority policy is that maintenance activities on municipal drains that may be required to restore the drains to their original profile, as set out in an approved drainage report, are not subject to the regulation. Typically this scope of work is referred to as “clean out”. Conservation Authorities, in accordance with a memorandum of agreement with the Federal Department of Fisheries and Oceans (DFO), screens all applications for potential impacts on fish habitat, including proposed works under the Drainage Act. Streamlining the approvals process for such works has been accomplished by implementation of the “Class Authorization System”. This system classifies municipal drains according to physical characteristics and fish species present. This system is applicable only to municipal drains (i.e. not natural watercourses, private drains, mutual agreement drains and award drains). It allows for quick approvals on routine drain clean out projects on the less sensitive drains and it also identifies those drains that may require more detailed assessment prior to maintenance work. Works typically proceed on the basis of a “letter of advice” that specifies mitigative measures (timing, access, erosion and sediment control etc.).
Alterations to the channels of municipal drains (typically referred to as “improvements) and natural watercourses that will result in the straightening, changing, diverting, deepening or interfering with the drainage feature is subject to the regulation and requires the written approval of the Conservation Authority. Potential impacts to fish habitat are considered at that time. The regulation is permissive, in that the prohibition is against doing works without a letter of permission. It is the Authority’s objective to ensure that if such works are necessary, that they will be undertaken in an environmentally appropriate manner and without negative impact on the control of flooding, pollution or the conservation of land.
Landowners should contact the City’s Drainage Superintendent if they have determined that maintenance activities or any other changes (culverts, bridges etc.) are required on a municipal drain, or to determine whether or not a watercourse is a municipal drain. The City will consult with the Conservation Authority in accordance with established procedures. Landowners should contact the Conservation Authority prior to undertaking any works on a watercourse that is not a municipal drain in order to determine what approvals are required.
Title:
So, What's A Municipal Drain? |
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|
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Introduction Perhaps
you’ve just purchased property, and been told by your municipality that you
are assessed into a municipal drain. Perhaps you have owned a property for a
couple of years and have recently discovered that you are located in the
watershed of a municipal drain. You’re probably wondering, what does this
mean? How does it affect me? What will it cost?
Physically, What is a Municipal
Drain? Physically, a municipal drain is
simply a drainage system. Most municipal drains are either ditches or closed
systems such as pipes or tiles buried in the ground. They can also include
structures such as dykes or berms, pumping stations, buffer strips, grassed
waterways, storm water detention ponds, culverts and bridges. Even some
creeks and small rivers are now considered to be municipal drains. Municipal
drains are primarily located in rural agricultural areas of the province. The Purpose of Municipal Drains
Municipal drains have been a
fixture of rural Ontario's infrastructure since the 1800’s. Most municipal
drains were constructed to improve the drainage of agricultural land by
serving as the discharge point for private agricultural tile drainage
systems. However, they also remove excess water collected by roadside
ditches, residential lots, churches, schools, industrial lands, commercial
lands and any other properties in rural areas. They are a vital component of
the local infrastructure. Without them, many areas of the province would be
subjected to regular flooding, reduced production from agricultural land and
increased public health risks. Why is it Called a "Municipal
Drain"?
There are many, many drainage
ditches and buried pipes in the province, but not all of them are
"municipal drains". So what distinguishes a municipal drain? Municipal drains are created
under the authority of the Drainage Act. There are 3 key elements of a
municipal drain:
Do's and Don'ts for Property
Owners
You should:
·
Find out the name of your local municipality’s
drainage superintendent. ·
If you don’t have any information on the municipal
drains that affect your property, make arrangements with your municipality to
get copies. Please note you may have to pay for the photocopies. ·
Find out how the municipal drain affects your
property. How much is your property assessed? Are there any buried municipal
drains that cross beneath your land? Is there a municipal working space along
or above a municipal drain on your property? ·
Remove debris from any catchbasins that may be
located on your property or the adjoining road. This type of ongoing
preventative work can reduce the possibility of property damage during storm
events ·
As an involved landowner, you have a responsibility
for the drains located on your property, so observe them. If you notice any
problems, immediately notify the drainage superintendent or the local
municipality. ·
Before purchasing a property, investigate how
municipal drains may affect the property. You can expect:
·
Municipalities must maintain their municipal drains.
Therefore, if you have a municipal drain located on your property, you can
expect that your municipality will periodically arrange to enter onto your
property and perform the necessary work. After it is completed, you will be
billed for your share of the cost. ·
For a period of time while the work is being
completed, you can expect the working space along the drain to be accessed by
the maintenance equipment and the land to be disrupted to some degree.
Because this working space is a form of an easement, you will not be paid for
any damages that occur on this land. ·
Municipalities have the right to accumulate the cost
of maintaining a drain for up to five years or $5,000. Therefore, it is
possible that you may be billed for work that occurred before you owned a
property. You should NOT:
·
Along every municipal drain is an unregistered
working space that the municipality has the right to use to maintain or
repair the drain. Keep this working space accessible and do not plant trees
or build structures in this area. If you do, and it results in an obstruction
to the maintenance equipment, you may have to pay the cost of removing that
obstruction. ·
Don’t store materials such as brush, lumber or other
floatable material near the drain, because during storm events, it could
float away and block the drain. ·
The local municipality is responsible for maintaining
municipal drains on behalf of the community of landowners involved in a
drain. If you want to install a culvert or bridge on an open ditch municipal
drain, or if a municipal drain requires maintenance, don’t perform the work
yourself; instead notify your municipality. If you do unauthorized work on a
drain and that work results in damages to the drain or to other landowners,
you could be responsible for paying the cost of repairing the damages. ·
Although they are "man-made", all
municipal drains eventually connect with the many beautiful lakes, rivers and
streams located in Ontario. Do not direct septic system waste, milkhouse
wastes, barnyard and manure storage runoff or other pollutants directly to
these drains. Related Links For more in Information: |
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PROPOSED LETTER TO MINISTER OF NATURAL RESOURCES DOCUMENT
6
The
Honourable David Ramsay
Minister of Natural Resources
Whitney Block
6th Floor, Room 6630
99 Wellesley St West
Toronto ON M7A 1W3
Re: Request to Consider Social Factors in the Ontario Wetland Evaluation System
Through a recent initiative within the Goulbourn Ward of the City of Ottawa to designate significant wetlands through our Official Plan Amendment process, our community has raised concerns regarding the combined municipal and Provincial approaches to evaluating and protecting wetlands. The City has worked to address these concerns through 2005 to the present and will be continuing these efforts. To date, we have greatly appreciated the assistance from your Ministry’s staff in the Kemptville and Peterborough offices. This letter requests your assistance in continued support from the Ministry of Natural Resources in clarifying specific aspects of the Ontario Wetland Evaluation System (OWES)and to further consider the potential to include social factors in this system.
To respond to Goulbourn landowner concerns with regard to the impact of designation, the City will be cancelling the wetland designation process until the following has been undertaken:
· Improved municipal drain maintenance and alteration to correct situations that have arisen over the past 20 to 30 years as a result of high beaver activity, limited drain maintenance and inappropriate ditching to re-direct surface waters;
· Revise the City’s notification and involvement procedures for environmental lands protection;
· Revise our environmental lands protection policies to include appropriate incentives and compensation to encourage private landowners to maintain significant ecological lands in their natural state; and
· Work with the Ministry of Municipal Affairs and Housing to encourage inclusion of social impact considerations and development of a compensation policy in applying the environmental lands protection policies within the Provincial Policy Statement.
As the City works through these recommendations, approved by our Agricultural and Rural Affairs Committee on June 22, 2006, and City Council on July 12, 2006, the assistance of your Ministry is requested. In particular, the City wishes to reiterate the following community concerns for consideration in your current review of the OWES, expressed to Ministry staff through a teleconference held on April 21, 2006:
· Further consider expanding the social value aspects within the Social Factor of the OWES in such areas as origin of the wetland (e.g. formed through natural or human processes); existing residence characteristics (e.g. land tenure, population density, length of residency); updating the social valuing of wetlands to align with current societal use and value of wetland products and functions; and re-examining the allocation of points within the Social Factor;
· Clarification of how plant species are used in determining wetlands and specification of wetland indicator species;
· Careful rationalization of the criteria used for complexing new areas to existing Provincially Significant Wetlands.
In addition, the City looks forward to participating in your targeted consultation on the OWES review results once they are available later this year.
A copy of the staff report documenting the City’s progress and future direction on resolving our community wetlands issues is attached for your consideration.
We very much look forward to your assistance in our continued resolution of wetlands protection in balance with community needs. Should you have any questions at all regarding this matter, do not hesitate to contact Dennis Jacobs, Director, Planning, Environment and Infrastructure Policy, at (613) 580-2424, extension 25521, or by e-mail at Dennis.Jacobs@ottawa.ca.
Mayor
cc: |
Janet Stavinga, Councillor – Goulbourn Ward Dennis Jacobs, Director – Planning, Environment and Infrastructure Policy |
PROPOSED LETTER TO MINISTER OF
MUNICIPAL AFFAIRS
AND HOUSING DOCUMENT
7
File Number
12 July 2006
The
Honourable John Gerretsen.
Minister of Municipal Affairs and Housing
17th Floor
777 Bay Street
Toronto ON M5G 2E5
Dear Minister:
Re: Request for Assistance to Incorporate Social Factors in Interpretation of Wetlands Policies of the Provincial Policy Statement (2005)
Through a recent initiative within the Goulbourn Ward of the City of Ottawa to designate significant wetlands through our Official Plan Amendment process, our community has raised concerns regarding the combined municipal and Provincial approaches to evaluating and protecting wetlands. The City has worked to address these concerns through 2005 to the present and will be continuing these efforts. To date, we have greatly appreciated the assistance from your Ministry’s staff in the Kingston office. This letter requests your assistance in continued support from the Ministry of Municipal Affairs and Housing in clarifying specific aspects of the Provincial Policy Statement and to consider working with the City to develop enhanced incentives for private landowners in environmental lands protection.
To respond to Goulbourn landowner concerns with regard to the impact of designation, the City will be cancelling the wetland designation process until the following has been undertaken:
· Improved municipal drain maintenance and alteration to correct situations that have arisen over the past 20 to 30 years as a result of high beaver activity, limited drain maintenance and inappropriate ditching to re-direct surface waters;
· Work with the Ministry of Natural Resources to encourage inclusion of enhanced social impact considerations in their Ontario Wetland Evaluation System;
· Revise the City’s notification and involvement procedures for environmental lands protection; and
· Revise our environmental lands protection policies to include appropriate incentives and compensation to encourage private landowners to maintain significant ecological lands in their natural state.
As the City works through these recommendations, approved by our Agricultural and Rural Affairs Committee on June 22, 2006, and City Council on July 12, 2006, the assistance of your Ministry is requested. In particular, City staff have concluded that the concern raised in our community is not unique – since the protection of the features and functions of environmental lands benefits the greater community good, the burden of their protection and maintenance in a natural state should not be carried by individual landowners without appropriate compensation. A copy of the staff report documenting the City’s progress and future direction on resolving our community wetlands issues is attached for your consideration.
In addition to the larger question of compensation policy in environmental lands protection, the City also requests assistance in how best to interpret the Provincial Policy Statement in the areas of wetland and mineral aggregate resource protection. When both resources occur in the same location on the landscape, it is not clear which policy should take precedence.
We very much look forward to your assistance in our continued resolution of wetlands protection in balance with community needs. Should you have any questions at all regarding this matter, do not hesitate to contact Dennis Jacobs, Director, Planning, Environment and Infrastructure Policy, at (613) 580-2424, extension 25521, or by e-mail at Dennis.Jacobs@ottawa.ca.
Sincerely
Bob Chiarelli
Mayor
cc: |
Janet Stavinga, Councillor – Goulbourn Ward Dennis Jacobs, Director – Planning, Environment and Infrastructure Policy |
INTERIM
REPORT - WETLANDS RESOLUTION WORKPLAN
RAPPORT PROVISOIRE - PLAN DE TRAVAIL POUR LA RÉSOLUTION DES PROBLÈMES
LIÉS AUX TERRES HUMIDES
ACS2006-PGM-POL-0056
Ms. Cynthia Levesque, Program Manager, Environmental Management, provided an overview of the staff report on the above-noted item. A copy of her presentation is held on file.
The Committee then heard from the
following public delegations.
Mr. T. Hale, Goulbourn Landowner’s
Group, began by
thanking staff for their work on this issue.
He then addressed 4 key points; 2 of which refer specifically to
Goulbourn and the other 2 with respect to Ministry of Natural Resource (MNR)
guidelines and evaluation processes. He
noted that the lands in the Goulbourn area were consistently referred to as
“previously un-evaluated”. However, he
listed a number of studies conducted in recent years, all with contradictory
conclusions. In particular, he noted
that a 2001 study by the Rideau Valley Conservation Authority (RVCA) and the
MNR found there were no significant environmental features in the area whereas
a 2004 study by the City of Ottawa and MNR concluded that the area should be
designated as Provincially Significant Wetland.
Mr. Hale noted that the City had hired Robinson Consultants to conduct a drainage evaluation in the area. That study had concluded that surface water drainage flow had increased 10-fold. He listed some of the factors affecting water drainage in the area; lack of drainage maintenance by owners; increased beaver activity; Trans Canada Pipeline installation; Ducks Unlimited created a man made blockage; pumped water discharge coming from quarries; and a man-made diversion created from one watershed to another. He then discussed the issue of complexing, resulting in non-significant areas being included as part of significant areas within ¾ kilometer. Furthermore, he submitted that the Wetland Species Indicator represented a serious flaw in the MRN Guidelines In closing, Mr. Hale expressed support for the findings and recommendations contained in the report and he urged Committee to approve it. A copy of his submission is held on file.
Ms. M. Hegan, Chair of the
Environmental Advisory Committee, began by expressed her Committee’s support for some of the
recommendations. However, she proposed
some amendments and she outlined the rationale behind her proposed
changes. A copy of her submission is
held on file.
Responding to questions from Councillor Stavinga, Ms. Levesque indicated she believed the motions drafted, which had been circulated to Committee members and would be moved by a Committee member on behalf of Councillor Stavinga, would address the concerns raised by the delegation. She expressed staff’s intent to continue to involve the Advisory Committees in the next steps, along with the landowners and stakeholders. Mr. Jacobs, Director of Planning, Environment and Infrastructure Policy, submitted that, should the motion with respect to financial resources carry at Committee, at Council and during the next budget process, it would be very helpful with respect to compensation policies and compensation measures. Furthermore, he noted that staff were very aware of the concerns raised by the Advisory Committees.
Responding to a question from Councillor El-Chantiry, Mr. Westley indicated he had not been aware of the Environmental Advisory Committee’s revised recommendations prior to Ms. Hegan’s presentation. Councillor Stavinga noted that there was not unanimous support for the recommendations at the working group, though there had been strong support.
Mr. M. Erland began by stating, for the record, that he had not been aware of the EAC’s recommendations in advance. He referenced the MNR and Robinson Consultants’ reports and he discussed the issue of soil quality, noting that the soil in the Goulbourn area had very poor drainage, which affects seepage into the water table. He suggested that staff look at soil quality in 2008.
In response to questions from Chair Jellet, Ms. Levesque confirmed that staff would look at soil quality in 2008. However, she clarified that poor soil quality and poor drainage simply meant that the water would move through the soil at a slower rate.
Responding to a question from Chair Jellett, Mr. Erland expressed his support for the report recommendations.
Ms. I. Price, Chair of the Ottawa Forests and Greenspace Advisory Committee, spoke specifically to recommendation 5 of the report. She was concerned that the words “cancelled” and “withdrawn” would lead to an “open season” on wetlands. She wondered how the City would resist the calls for re-evaluation of currently designated wetlands and how it would respond in areas needing evaluation and possible designation. She believed recommendation 5 should be amended to put some kind of limit on the process. She feared that possible wetlands in the Goulbourn area would not be protected until 2013 and that, in the interim, landowners would be able to move forward with development applications. She urged Committee to make it absolutely clear that recommendations 5, 5a), 5b) and 5c) would only apply to lands in the Flewellyn Road area of Goulbourn Ward. A copy of her submission is held on file.
Mr. Jacobs provided the following clarification in response to questions from Councillor Stavinga:
• Staff does not view this as “open season” insofar as the development of wetlands. Should development applications come forward, staff would evaluation them pursuant to all pertinent policies currently contained in the Official Plan, including Rural Natural Features and other environmental designations.
• Should an application come forward for wetland evaluation and possible designation, staff would use the lessons learned in this process with respect to involving property owners and the community.
• Recommendation 5 and its subsections, clearly pertain specifically to lands in the “Flewellyn Road area of Goulbourn Ward”.
Mr. N. Tilgner, Member of the Ontario Forestry Association, believed the report solidly addressed the drainage and wetland concerns of the landowners and gave them options to preserve the lands in their current state. He encouraged Committee to approve the staff report as well as Councillor Stavinga’s motions. He felt the report set a good precedence in that it was an example of the City’s willingness to work with rural landowners and stakeholders.
Mr. B. Finch, President of the Friends of the Jock River, noted that there had been agreement amongst the stakeholders for all the recommendations except for number 5. He referenced recommendation 1 and expressed concerns with respect to the impact on the Jock River. Therefore, he urged the City to evaluate the options on a science-based watershed basis. He expressed a preference for having water go to the upper part of the watershed and down the Hobbs Drain. With respect to recommendation 5a, he believed the earliest that lands could be considered for designation would be during the 2013 Official Plan review. He was concerned that such lands may be developed in the interim. He wondered if the City would be able to protect the 120-meter set-back for these wetlands and he concluded his presentation for thanking Ms. Levesque for her dedication, honesty and sensitivity to the many different, and often heated, positions expressed by the stakeholders.
Chair Jellett asked staff to comment on the suggestion that lands would not be protected until 2013. Ms. Levesque noted that there was not a history of a lot of development applications in the area and that, based on an assessment of potential development pressures, staff did not expect a flood of applications to come forward. Furthermore, she explained that much of the area had rural natural features. Therefore, any development application would require the preparation of an Environmental Impact Statement that was acceptable to the City and the Conservation Authority. In addition, other Official Plan policies would impact potential development applications coming forward for the area.
Mr. K. McRae indicated he disagreed with the staff report because he felt it did not provide a suitable balance between protecting Provincially Significant Wetlands and recognizing property rights. With respect to earlier notification and consultation, he submitted that the City had sent out letters before April 2005 to all landowners with respect to the Jock River Reach 2 Sub-Watershed Study and that the landowners had responded by denying City staff access to their properties. The speaker outlined some of his concerns with respect to recommendation 1 of the report. He referenced the Robinson Consultants’ report, which he felt did not give any consideration to the environmental impacts of the proposed drainage diversion. Furthermore, he believed the consultant’s report contained many flaws and gaps of information. Mr. McRae concluded by stated that he was not opposed to the removal of beavers and beaver dams so as to allow the natural free flow of water into both the Flowing Creek and Hobbs Drain subwatersheds.
Councillor Brooks asked Mr. McRae to elaborate on his comment with respect to gaps of information in the consultants’ report. Mr. McRae submitted that the report did not discuss the impacts of directing water into the Flowing Creek Subwatershed as opposed to letting it naturally divide into the 2 watersheds. Furthermore, he believed the report did not accurately report the flow figures.
Councillor Brooks asked the consultant to
comment on this issue. Mr. Robinson
noted that the consultant’s role, in preparing the referenced report, had been
to look at water flow going to the Hobbs Drain and the Flowing Creek
Drain.
A written submission was received from Mr. G. A. Ritchie, Kemptville District, Ministry of Natural Resources, and is held on file.
Chair Jellett read three motions into the record, two from Councillor Stavinga, which Councillor Chiarelli had agreed to move on her behalf, and one from Councillor Brooks.
Moved by Councillor Chiarelli:
Extend the role of the
Wetland Stakeholders’ Group and continue to engage the Group in actions arising
from the recommendations, such as in the establishment of a baseline for the
purpose of monitoring environmental changes, the monitoring itself, the
development of the compensation policy and the establishment of the education
program.
CARRIED
Moved by Councillor Chiarelli:
WHEREAS the Agriculture and Rural
Affairs Committee has recommended that Council direct staff to include a 2007
budget pressure of $50,000 in order to develop a compensation policy to
accompany the relevant conservation measures available to the City or its
agency partners in the conservation of environmental lands (per Recommendation
7); and
WHEREAS the Agriculture and Rural Affairs
Committee has recommended that Council direct staff to conduct an education
program that addresses the value of wetlands, the land use implications of
zoned and designated environmental lands and the responsibilities of landowners
and the municipality in the maintenance of municipal drains, ward drains and
private property drainage and in the protection of our shared groundwater
resources (per Recommendation 8);
THEREFORE BE IT RESOLVED THAT the Agriculture
and Rural Affairs Committee recommend Council consider the appropriate
allocation of financial resources in the 2007 budget deliberation to enable
these works to be completed by winter 2007/spring 2008.
CARRIED
With respect to Councillor Brooks’
motion, Councillor Stavinga asked that it be amended to ask that staff prepare
a “progress report encompassing all the recommendations”. Councillor Brooks agreed to amend his motion
accordingly.
Moved by Councillor Brooks:
That staff be directed to request the Ministry
of Natural Resources to review Wetland Designation Criteria in concert with
City of Ottawa staff in light of the recommendations coming out of the
Goulbourn Wetland consultation process;
And further, that staff report back
to the Rural Issues Advisory Committee (RIAC) and the Agriculture and Rural
Affairs Committee (ARAC) with a progress report encompassing all the
recommendations.
CARRIED
In closing, Councillor Stavinga
acknowledged the efforts of the landowners, the Advisory Committees, the
Friends of the Jock River and Mr. McRae.
She also thanked Ms. Levesque for her creativity and her spirit of
cooperation, and Mr. Jacobs and Mr. Moser for allowing Ms. Levesque the
authority to work with the community in a constructive and creative manner.
The Committee then voted on the
report as amended.
That the Agriculture and Rural Affairs Committee recommend Council approve the following, as amended:
1. Direct staff to take the necessary
municipal drain maintenance actions on the Hobbs Municipal Drain and other
drainage improvements to return the surface drainage in the area north of Flewellyn
Road to pre-existing conditions, as defined in this report, with any actions
taken being subject to an evaluation of the environmental benefits of the
recommended actions;
2. As part of the process to declare
Flowing Creek a Municipal Drain which is subject to a separate report to the
Agricultural and Rural Affairs Committee on June 22, 2006, direct staff to:
a. Monitor environmental changes as a result
of these actions by establishing a baseline in advance and annual monitoring
after the corrective works are undertaken;
b. Report annually to Committee and Council
on the monitoring results or when significant landscape changes in vegetation,
creek health or surface drainage are observed.
3. Direct staff to continue to provide
feedback to the Ministry of Natural Resources’ review of the Ontario Wetland
Evaluation System (OWES) through:
a. A letter to the Minister, attached in
Document 6, recommending that the update of the OWES include such items as
clear specification of wetland species, the re-examination of the criteria for
complexing of wetlands, consideration of whether the wetland developed through
natural or human forces, a re-examination of the points allocation under the
Social factor, a broader consideration of social factors such as land tenure,
population density and length of residency and an updating of the social value
of wetlands to be aligned with current societal use and value of wetlands;
b. Participation in the targeted consultation
later in 2006 as a direct participant and through the Association of
Municipalities of Ontario.
4. Direct staff to encourage the Ministry
of Municipal Affairs and Housing, through the letter proposed in Document 7, to
address issues that have arisen through this process, including the
consideration of social aspects in environmental lands protection, development
of a Provincial policy of compensation and associated incentives for landowners
to encourage environmental protection on private lands and clarification of the
Provincial Policy Statement interpretation when dealing with conflicting
resource protection, such as mineral aggregates and wetlands.
5. Confirm that the Official Plan wetland
designation process, initiated by the City in 2005, and the existing wetland
evaluation study, are cancelled and withdrawn for those areas under review
within the Flewellyn Road area of Goulbourn Ward, including those lands that
are subject to the completion of new drainage works. Further, a re-evaluation of the wetland status of the subject
lands, as defined in this report, will not occur unless the following
conditions are met:
a. For those lands within the influence area
of the drainage corrections proposed in this report and outlined in Document 3,
the wetland status of the lands will not be re-evaluated any sooner than a
period of five years after the undertaking of the drainage works (expected in
2007), nor will a re-evaluation occur before completion of recommendations 3,
4, 6 and 7 and initiation of recommendation 8;
b. For those lands outside the influence of
the planned drainage corrections, the wetland status of these lands will not be
re-evaluated before completion of the Ontario Wetland Evaluation System review
by the Ministry of Natural Resources and completion of recommendations 3, 4, 6
and 7 and initiation of recommendation 8;
c. For those lands within existing designated
Limestone Resource Areas, they shall remain as limestone resource through the
2008 Official Plan review.
6. Direct staff to refine its process for
notification and involvement of landowners in the identification and
application of conservation measures for newly identified environmental areas
as part of the 2008 Official Plan review process, taking into consideration
early stakeholder involvement, social and environmental factors and the
applicability of the suite of conservation measures summarized in this report.
7. Direct staff to include a 2007 budget
pressure of $50,000 in order to develop a compensation policy to accompany the
relevant conservation measures available to the City or its agency partners in
the conservation of environmental lands.
8. Direct staff to conduct an education
program that addresses the value of wetlands, the land use implications of
zoned and designated environmental lands and the responsibilities of landowners
and the municipality in the maintenance of municipal drains, ward drains and
private property drainage and in the protection of our shared groundwater
resources.
9. Communicate the results of this wetland resolution process and the report outcome to all landowners within the subject lands and adjacent lands of the Flewellyn Road area of Goulbourn.
10. Extend the role of the Wetland
Stakeholders’ Group and continue to engage the Group in actions arising from
the recommendations, such as in the establishment of a baseline for the purpose
of monitoring environmental changes, the monitoring itself, the development of
the compensation policy and the establishment of the education program.
11. WHEREAS the Agriculture and Rural
Affairs Committee has recommended that Council direct staff to include a 2007
budget pressure of $50,000 in order to develop a compensation policy to
accompany the relevant conservation measures available to the City or its
agency partners in the conservation of environmental lands (per Recommendation
7); and
WHEREAS the Agriculture and Rural Affairs
Committee has recommended that Council direct staff to conduct an education
program that addresses the value of wetlands, the land use implications of
zoned and designated environmental lands and the responsibilities of landowners
and the municipality in the maintenance of municipal drains, ward drains and
private property drainage and in the protection of our shared groundwater
resources (per Recommendation 8);
THEREFORE BE IT RESOLVED THAT the Agriculture
and Rural Affairs Committee recommend Council consider the appropriate
allocation of financial resources in the 2007 budget deliberation to enable
these works to be completed by winter 2007/spring 2008.
12. That
staff be directed to request the Ministry of Natural Resources to review
Wetland Designation Criteria in concert with City of Ottawa staff in light of
the recommendations coming out of the Goulbourn Wetland consultation process;
And further, that staff report back to the
Rural Issues Advisory Committee (RIAC) and the Agriculture and Rural Affairs
Committee (ARAC) with a progress report encompassing all the recommendations.
CARRIED
as amended