The Lakehead Region Conservation Authority administers Ontario Regulation 41/24 Prohibited Activities, Exemptions and Permits under the Conservation Authorities Act within its Area of Jurisdiction.
Development within the Approximate Regulated Area may require a Permit from the Authority to confirm that the control of flooding, erosion, dynamic beaches, unstable soil and bedrock are not affected.
An LRCA permit is required to:
- straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or to change or interfere in any way with a wetland; or
- undertake development activities in:
- Floodplains
- unstable slopes;
- unstable soils and bedrock;
- hazardous lands;
- Lake Superior and in-land lake shorelines;
- wetlands; and
- other areas within 30 metres of a wetland or 15 metres of all other features.
Development activity means:
- the construction, reconstruction, erection or placing of a building or structure of any kind,
- any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure,
- site grading, or
- the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere
How to determine if a property is regulated
LRCA has an on-line screening tool that can be used to view a subject property and determine if there is any regulated area on the subject property Mapping Tool.
Screening maps are available for viewing at the Authority office which depicts the Approximate Regulated Area for each Member Municipality.
In order for Authority staff to discuss specific development proposals with prospective purchasers, the owner of the property must sign the Landowner Permission and Consent Form which allows the Authority to disclose specific details regarding the lot. The approximate regulated area is public information and can be disclosed at any time.
How to apply for a permit
If your property is regulated and you are proposing a regulated activity, a Permit may be required.
Pre-consultation with staff is recommended prior to submitting a Permit application.
If a permit is required, a complete application and applicable fee will be required to be submitted to the Authority. A site visit, if warranted, will be scheduled with staff.
Fees
The Authority charges a fee for processing applications requiring a Permit under the Regulation. The fee is determined by the type of work to be undertaken and is outlined in the fee schedule.
Projects commencing prior to obtaining a permit are considered to be in violation of the regulation and will be charged double the fee, if the proposal is approved. If the proposal is not approved, the land owner will be responsible to restore the site back to pre-existing conditions at their expense.
Application Review and Approval
Applications are received and reviewed by Conservation Authority staff. Within 21 days the applicant will be notified if their application is deemed complete. After, which a permit decision will be issued within 30 or 90 days, depending on the type of application.
Permits are approved either by staff or the Board of the LRCA, or denied by the Board of the LRCA. The CA Act requires that an applicant be provided an opportunity for a Hearing by the Conservation Authority Board for an application that is recommended for refusal or approved with conditions. Further information is available in the following documents:
Administrative Review
An applicant can request a review of their permit application under the following circumstances:
- The applicant has not received written confirmation from the Authority within 21 days upon submission of the application and fee in accordance with the Authority’s Complete Application Policies; or,
- The applicant disagrees with the Authority’s determination that the application for a permit is incomplete; and/or,
- The applicant is of the view that the request for other information, studies or plans is not reasonable.
The administrative review process is not available where the development activity has commenced without the necessary CA permits in place.
DEVREG-04: Process for Administrative Review under Section 8 of O. Reg. 41/24