June 6, 2024 Thank…

June 6, 2024

Thank you for the opportunity to comment of ERO 019-8364, Proposed Amendments to Exemption Regulation for Niagara Escarpment Planning Area under Development Control. We note that the Hamilton Conservation Authority is supportive of the proposed regulation and we offer the following points for consideration in the development of the regulation to implement these proposed exemptions.

1. The ERO posting notes that not all exemptions would apply across the entirety of the Niagara Escarpment Plan area. Some exemptions may be limited to only outside of certain environmentally sensitive areas or natural areas. The HCA supports this approach but would request clarification as to what exemptions would be limited. Based on the ERO posting, would such uses as temporary or permanent structures accessory to a dwelling, home occupation or home industries and special events be examples that would not be exempt from development control in certain environmentally sensitive areas or natural areas?

2. Feedback is requested on conditions of the proposed exemptions such as limits on size or distance from a sensitive area or feature. Given the range of proposed exemptions, suggesting conditions for exemptions is difficult. In reviewing the Niagara Escarpment Plan and the existing regulation, it is suggested that existing setback requirements as noted in these documents could be applied to the proposed exemptions. Further, the construction or placement of a temporary or permanent structure that is exempted per the proposed regulation should be of a scale that is smaller than the principle dwelling. The Greenbelt Plan provides information regarding setbacks to environmental features. This Plan could be utilized to consider specific setbacks for the proposed exemptions to a sensitive area or feature.

3. Some of the proposed exemptions relate to construction, installation of private sewage disposal system, fill placement and installation, maintenance or replacement of a culvert. It should be noted that these activities may be proposed in hazardous area (floodplain and areas subject to erosion) and may require approvals through other legislation such as the Conservation Authorities Act. This has the potential to create situations where development takes place that is exempt from Development Control but requires a permit pursuant to the Conservation Authorities Act with the associated issues of seeking compliance. It is suggested in permitting the exemptions as noted, that proponents be advised of the need to obtain approvals through other legislation.

4. For business activities, it is proposed that “Special events that are accessory to a permitted use and which do not constitute a change in land use (e.g., change of residential use to a commercial use). The HCA has undertaken special events in the past within our conservation areas within the Niagara Escarpment Plan area. The proposed regulation should detail if a conservation authority who are hosting/holding “Special events” on C.A. lands is exempt or if an NEC Development Permit is required for these events. The HCA fully support an exemption for these special events that are accessory to permitted uses on HCA lands.

5. Environmental management activities, such as the following are proposed.

• Certain projects carried out by government or non-government conservation organizations (e.g., upgrades to trail systems, construction of boardwalks, stairs).
• Restoration activities carried out by government or non-government conservation organizations.
• Extend timelines from 5 years to 10 years for Niagara Escarpment Parks and Open Spaces System (NEPOSS) agencies to implement exempted development identified in an approved management plan.

The HCA supports all of these noted exemptions as it will allow for projects to proceed to construction and afford additional time to implement development as approved in a management plan. We would request clarification on what “Certain projects” would be exempt from an NEC Development Permit and also a definition on what the NEC considers “government and non-government conservation organizations”? Conservation authorities should certainly fall within the definition of government or non-governmental conservation organizations.

The HCA is supportive of the exemption for restoration activities carried out by government or non-government conservation organizations as this permits the implementation of restoration works that benefit the environment and the overall Niagara Escarpment. There is a question of scale as it relates to restoration projects. The HCA is currently undertaking wetland development work at the Saltfleet Conservation Area with one of the wetland parcels located within the Niagara Escarpment Plan area. This project is based on an approved Environmental Assessment, detailed design and archaeological work to facilitate construction of the wetlands (https://conservationhamilton.ca/saltfleet-conservation-area-wetland-res…). This wetland creation and restoration involves large areas with upwards of 30 acres of created wetland for the property areas. The scale of which an exemption would apply should be clarified. The HCA is fully supportive of the exemption applying to a project such as the Saltfleet Conservation Area Wetland project.

Thank you for the opportunity to comment on ERO 019-8364.

Hamilton Conservation Authority