Private Landowner. Permit for activities with conditions to achieve overall benefit to the species - ESA s.17(2)(c)

Decision

This notice was originally published on December 04, 2013. It was updated on December 13, 2019 to advise the public that the application has been withdrawn by the applicant.

Proposal

The proposal to clear vegetation on three residential lots in Renfrew County has the potential to adversely affect Wood Turtle habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Wood Turtle habitat.

Wood Turtle is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as Endangered.

Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.

Habitat protection under the ESA applies to Wood Turtle (subsection 10(1)).

The specific habitat of Wood Turtle has been prescribed by O. Reg. 242/08 Section 31.

The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
(iii) reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.

The proponent has applied for a severance of 1.63 hectares for three lots for the purpose of residential homes in Renfrew County. These lots are entirely within regulated Wood Turtle habitat. The permit will allow clearing required for the construction of a single family dwelling and associated features such as yard space, accessory building, driveway and services on each of the three lots. No more than 1 hectare of Wood Turtle habitat, protected under ESA s. 10(1), would be affected by the proposed activity.

Reasonable alternatives are being considered, including ones that would not adversely affect the species, and include:

• No development or site alteration
• Building in an alternate location on the property
• Limiting clearing to an area of the property that is less suitable for Wood Turtle

Potential approaches to minimize adverse effects may include:

• Clearing of vegetation, including treed areas, to occur between October 1 and March 31 to avoid the Wood Turtle active season;
• Clearing will be minimized to that which is required for the construction of a single family dwelling, yard space, accessory building, driveway and services;
• A vegetative buffer will be established to avoid damage or destruction of highly suitable Wood Turtle habitat within each lot. No site alteration will be permitted in the vegetative buffer.

Potential approaches to achieve an overall benefit for Wood Turtle may include:

• Establishing and enhancing an abandoned aggregate pit on the applicant’s property to a dedicated nesting site in proximity to known observations of Wood Turtle. This nesting site will be designed to meet Wood Turtle nesting requirements, monitored accordingly and nests will be protected from predation.
• Increasing suitable vegetation cover in proximity to the nesting site and known observations of Wood Turtle to provide additional foraging and thermoregulation habitat in an area of the property where this is currently limited.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.