Recommendation Revise…

ERO number

019-6177

Comment ID

71886

Commenting on behalf of

J.F. Sabourin and Associates

Comment status

Comment approved More about comment statuses

Comment

Recommendation Revise terminology, definitions, and direction regarding site alteration in flood plains
• Revise 3.1.4, add c) … where an examination of the flood plain carried out in accordance with current established modelling software and engineering best practices, undertaken by an experienced professional, has demonstrated that site alteration in the flood plain may be undertaken, provided new hazards are not created, existing hazards are not aggravated; and no adverse environmental impacts will result.
• Revise: 3.1.6 to remove 2-zone concept reference.
Definitions:
• Recommendation: clarify site alteration is not development in the definition for development.
Development: means the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act, but does not include:
a) activities that create or maintain infrastructure authorized under an environmental assessment process;
b) site alteration and/or grade changes, unless specified
c) works subject to the Drainage Act; or
d) for the purposes of policy 2.1.4(a), underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as under the Mining Act. Instead, those matters shall be subject to policy 2.1.5(a).
• Recommendation: clarify the potential for this flood fringe and that it is a designation rather than a technical test in the definition of flood fringe.
• Flood Fringe: for river, stream and small inland lake systems, means the outer portion of the flood plain between the floodway and the flooding hazard limit which has been identified in local planning documents as available for development meeting certain requirements. Depths and velocities of flooding are generally less severe in the flood fringe than those experienced in the floodway, and threats to public health and safety or property damage may be mitigated.
• Recommendation: Remove references to 1 and 2-zone concepts in the definition of floodway. They are not meaningful or useful, and confusing with flood fringe and Special Policy Areas. Further, they are inconsistent with the MNRF technical guide which was written before these policy statements were included, and was never intended to be applied in this context and a land use designation.
• Floodway: for river, stream and small inland lake systems, means the contiguous portion of the flood plain representing that area required for the safe passage of flood flow and/or that area where flood depths and/or velocities are considered to be such that they pose a potential threat to public health and safety or property damage.