Understanding Cataraqui Conservation's Role in Planning & Permitting

General FAQ

Cataraqui Conservation’s jurisdiction extends from Greater Napanee in the west to Brockville in the east and up to Westport in the north. It includes Amherst Island and the Thousand Islands.

To see if your property is located within our jurisdiction, visit Conservation Ontario’s web map, located here: https://conservationontario.ca/conservation-authorities/find-a-conservation-authority 

Cataraqui Conservation reviews your project in order to fulfill our mandate by the Province under Section 28 of the Conservation Authorities Act, which is intended to protect people and property by directing development to areas that are not hazardous and by protecting important natural areas such as lakes, rivers, streams, wetlands and shorelines so that existing natural hazards (e.g. flooding and erosion) are not made worse. We do this through the implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits and through our review of planning applications for those municipalities in the Cataraqui Region.

A planning application is made for a development proposal that requires approval under the Planning Act by a municipality and is done prior to applying for a building permit. The types of planning applications include, minor variance, land severance (consent), zoning by-law amendment, plan of subdivision and other applications normally made to your municipality or the relevant planning authority.

A Cataraqui Conservation permit application is required after your planning application is approved (if required) and you wish to proceed with the proposed development activity (e.g. building, structure, marine facility, etc.). A permit may also be required for excavation, placement of fill (originating on the site or from elsewhere) and lot grading.

The planning approval process establishes the principle of the proposed development whereas the permit approval process involves the review and approval of specific details of the development proposal.

NOTE: Not all development projects require Planning Act approvals. Also, Planning Act approval does not exempt your project from the need for a permit from Cataraqui Conservation, nor does conservation authority approval exempt you from other approvals, such as a building permit. Because of this, it’s always best to consult with all applicable approval authorities. Cataraqui Conservation works hard to consult with municipalities so that the path to approvals is clear up front, but it’s
also the responsibility of landowners to properly consult.

Natural Hazards & Wetlands FAQ

Natural hazards are naturally occurring physical processes, such as flooding, erosion, and slope failures, that pose risks to human life, property, and the environment.

Hazard lands are areas that are inherently dynamic, unstable or potentially dangerous to people or property due to the physical
environmental processes that can occur on or within them. Within the Cataraqui Region, significant natural hazards include lake and riverine flooding (the extent of which is known as the “floodplain”), erosion, unstable slopes, and areas of unstable bedrock (known as “karst”).

Cataraqui Conservation is mandated to regulate development in and around these natural hazards under the provincial Conservation Authorities Act. Development is directed away from lands that are susceptible to natural hazards, or where development could increase the likelihood or severity of risks associated with existing hazards.

The land next to a lake, river or stream where data has revealed that flooding is anticipated is called a floodplain. This area is usually defined through a study and mapping that accounts for weather, topography, soil and ground cover types and many other factors. The study determines how high the water will rise during a major storm and/or spring melt.

In the Cataraqui Region, as with the rest of southeastern Ontario, we plan for the 1:100 year (1 in 100 year) flood. This means that a flood has a one per cent chance of happening in any year. We often refer to the 1:100 year flood as the regulatory flood because this is what is used in our regulation and policies.

Cataraqui Conservation protects people and property from flooding by making sure that buildings and structures are located outside of the floodplain and that the extent of flooding is not made worse by changes to the land or waterbody. For example, if fill is placed in the floodplain, the water that used to flow into that area during flood conditions moves into an area that did not previously flood. This could result in personal injury and property loss.

On Lake Ontario and the St. Lawrence River we also need to account for flooding that is caused by wave action. This additional factor is called wave uprush.

Flooding is not only a nuisance to property owners but can cause damage to buildings and structures through inundation, flow velocity, erosion of land, ground saturation and hydrostatic pressure. Flooding can also
result in environmental impacts if contaminants are released into waterbodies, such as effluent from a septic system inundated from flood water. After-effects of flooding can include problems with mold and mildew, structural impacts and insurance implications. Flooding not only affects individuals but the community as a whole. In Ontario, a flood avoidance approach is used as the most effective way to prevent damage and to protect people, including the taxpayer who often is left to pay for expensive disaster relief programs after major events.

Slopes along lakes, rivers and streams can be unstable and dangerous as building sites.

Erosion is the process that occurs when the land surface is worn away. There are many different types of erosion, as well as many causes. Cataraqui Conservation is primarily concerned with erosion along valleys,
slopes next to lakes, rivers, streams and other waterbodies. In these areas,
scouring from both constant water flow and from increased velocity due to
runoff or storm events contributes to erosion. When trees and plants along slopes are removed, erosion worsens.

If a structure is built on or at the top of a slope without consideration for slope stability, it is possible that the slope could erode over time and possibly fail, in which case the structure would be damaged or
lost. Through the regulation permit process, Cataraqui Conservation makes sure that all structures are located outside of areas subject to erosion and instability.

Wetlands benefit our environment by storing water and releasing it slowly (known as flood attenuation). They reduce flooding and recharge groundwater, lakes, rivers, and streams when they release their stored
water slowly over time. They also provide an important, natural buffer for
properties along shorelines which would otherwise be subject to erosion.
Wetland plants filter contaminants, prevent erosion and store nutrients.
Wetlands also provide important habitat to a variety of wildlife including
fish, birds and animals.

Building or filling in or near a wetland not only disrupts the natural functions of the wetland, but this can also lead to property damage. Moving, extending, or constructing buildings within or near a wetland can
result in flooding and structural stability issues and impair the ability of
the wetland to mitigate natural hazards.

This is an all-inclusive term that refers to all bodies of water including lakes, rivers, streams, creeks, ponds and wetlands. Waterbodies are dynamic and sensitive to change. Altering a waterbody may harm water quality, limit fish passage, destroy habitat or increase siltation and the risk
of flooding. You cannot straighten, change, divert or interfere with a waterbody without a permit from Cataraqui Conservation.

Karst topography is a unique landscape that is found throughout southern Ontario as well as in Cataraqui Region watersheds. Karst is shaped by the dissolution of soluble bedrock (i.e. limestone) by mildly acidic groundwater and precipitation. This landscape that is formed can be characterized as exhibiting natural voids, solution openings (i.e. fissures), sinkholes, subsurface caverns, caves and/or, disappearing streams. The karst process occurs over a very long period of time in the order of thousands to millions of years.

Some of the more widely known locations of karst in the Cataraqui Region are located on the Napanee plain in Loyalist Township and Greater Napanee, and in areas north and west of the City of Kingston. These locations, for the most part, include karst features often associated with riverine systems (creeks and smaller watercourses). However, some karst features have been encountered in open fields and forest floors in upland areas.

In the context of human interaction, karst can be considered as a natural hazard and is regulated by Cataraqui Conservation through Ontario Regulation 41/24. Karst in itself may not actually be considered a problem as this landscape is a naturally occurring physical and ecological process that has shaped and re-shaped the landscape. The formations typically become a problem or a “hazard” when human activities and structures are located within the area(s) that are directly impacted by these natural processes.

As part of our review of permit and planning applications, along with property inquiries, Cataraqui Conservation staff considers whether karst features may be present on or near a property and whether the proposal
may create a hazardous situation.

Provincial karst mapping is available from the Ontario Geological Survey (scroll to “Karst” section towards the bottom of the page). Please note that this mapping should be used for preliminary screening purposes only and is not definitive in determining karst presence. Contact staff for
further information.

Permit FAQ

Cataraqui Conservation, under Ontario Regulation 41/24 (Prohibited Activities, Exemptions, and Permits), regulates lands subject to natural hazards such as floodplains, erosion-prone areas, steep slopes, unstable bedrock, wetlands, rivers, creeks and streams, lakes and lands adjacent to these features.  

To determine if your property is located within an area regulated by  Cataraqui Conservation, visit our Regulation Screening Map.

For permit inquiries, complete an information request to Cataraqui Conservation using the Property Inquiry Form or contact the Administration Office at 613-546-4228 ext. 221, or email development@crca.ca. Please be sure to include property location details such as a civic address or tax roll number.

  1. Submit an online Permit Inquiry Form, contact the Cataraqui Conservation Administration Office at 613-546-4228 ext.221 or email development@crca.ca. Note: if you already know that you require a permit, please download the application package.
  2. Once you submit and online form, staff will review your project and send you a Permit Application Package that requests detailed information such as a site plan and project drawings. Your application will be reviewed when all of the requested information is received by staff, including the applicable permit fee which will be confirmed by staff and instructions for payment will be provided.
  3. Staff will then work with you on the details of your project which may include a site visit. Permits may only be issued once payment has been received.

If you need to talk with Cataraqui Conservation staff in person about your application please set-up an appointment. Please note individuals should schedule an appointment with staff for any in-person inquiries relating to planning and permitting matters.

You may need a permit for development within a regulated area of a nearby waterbody or land affected by natural hazards. This includes:

  • in the channel of a watercourse or municipal drain, in a lake, river, stream, pond or a wetland.
  • within 15 metres of a defined floodplain.
  • within 30 metres of a waterbody that does not have floodplain mapping information.
  • within 30 metres of the top of valley of a river, creek, stream, or lake.
  • within 30 metres of a Provincially Significant Wetland.
  • within 30 metres of all other wetlands.

Please visit the regulation screening map noted above and review the list of regulated activities below.

If your property is only partially within the regulated area and the proposed development is outside of the limit of the regulated area, a clearance letter may be provided. A clearance letter signals to the municipality or other approval authority that Cataraqui Conservation reviewed the proposal and determined that the proposed
development does not require a Cataraqui Conservation permit.

  • Construction of buildings and other structures.
  • Site alteration, including the placement of fill, grading, or excavation.
  • Alteration to a shoreline (e.g., dock, boathouse, boat ramp, or erosion protection).
  • Alteration to a watercourse or waterbody (e.g., watercourse clean out, installation of culvert, or channel re-alignment, dredging).
  • Removal of vegetation within a wetland or the removal of vegetation adjacent to a wetland that affects or alters the existing grade of the land or impacts the hydrologic function of the wetland.

For a full list of regulated activities, consult section 1.(1) of Ontario Regulation 41/24 (Definition of “development activity”) and section 4.0 of the Policies for Implementing Ontario Regulation 41/24 (“Overview of Regulated Activities).

Yes. The Cataraqui Conservation permit does not replace or exempt you from other approvals such as a building permit. Contact your local municipal office for information on building permits and other approvals.
Cataraqui Conservation’s permit does not relieve you from compliance with any other applicable federal, provincial or municipal statutes, regulations or by-laws

A proposed development that does not comply with Cataraqui Conservation’s Policies for Implementing Ontario Regulation 41/24 may be refused by staff. Reasons for refusing a permit may include risk to life
and property from natural hazards (e.g. flooding, erosion), creation of new hazards or worsening of existing ones that may affect other properties or adverse impacts to the hydrologic function of wetlands or other waterbodies.

Yes. Any applicant who has been refused permission may, within 30 days of receipt of the decision and reasons for refusal, appeal to the Cataraqui Conservation Full Authority Board. Appeals are subject to an administrative surcharge. The fee is listed in our Fee Schedule.  

Once Cataraqui Conservation staff have verified that an activity has occurred within a regulated area, they will attempt to contact the property owner or contractor to discuss the situation. Staff will first try to address
infractions by working cooperatively with involved parties to obtain the proper permit or develop a plan to restore the affected area.

Retroactive permit applications for works that have been completed without a permit will only be accepted if the works meet Cataraqui Conservation approved Policies for Implementing Ontario Regulation 41/24. A 100% surcharge will be applied for retroactive permit applications.

If a retroactive permit cannot be issued, Cataraqui Conservation can pursue legal action under the Conservation Authorities Act and Provincial Offenses Act. The involved parties may be charged and taken to court. If convicted, the court may require the involved parties to pay a fine and/or restore the property to its original condition, at the expense of the involved parties. Restoration could include removing structures or restoring a natural feature, such as a wetland.

If you suspect unauthorized activity has occurred or is occurring in an area regulated by Cataraqui Conservation, this can be reported on our Report a Violation webpage.

If you notice an activity being completed in an area that may be regulated by Cataraqui Conservation and believe that a permit was not issued, please fill out the form on our Report a Violation webpage and one of our officers will review the information. 

Once you submit your information, you may not hear from us unless we have additional questions. Active investigations are subject to privacy legislation, and we cannot share additional information or status updates.

Planning FAQ

Cataraqui Conservation reviews planning applications for one or both of the following reasons:

Cataraqui Conservation has been given delegated authority by the Province to review Planning Act applications for issues related to natural hazards (e.g. flooding and erosion hazards and unstable bedrock),
hydrologic function of wetlands, stormwater management and protection of vulnerable drinking water sources.

Cataraqui Conservation also has service agreements with municipalities in our region to provide comments on Planning Act applications that are within areas of interest to Cataraqui Conservation including areas of flood and erosion hazards, areas with potentially unstable bedrock, wetlands
and in situations where stormwater management is necessary. The service
agreements spell out how and when Cataraqui Conservation becomes involved.

Municipalities within Cataraqui Conservation’s jurisdiction will determine if a planning application needs to be circulated to Cataraqui Conservation staff when the application is received. Often, staff will attend pre-application meetings to discuss development proposals along with municipal staff and other agencies.

Yes. There are fees for the review of planning applications. These are separate and in addition to any fees charged by the municipality. Different fees are charged depending on the type of application submitted and whether or not technical reports must also be reviewed. Current fees are listed in our Fee Schedules on our website (see “Municipal Plan Review Fees” and “Technical Report Fees”). Fees are charged on a cost-recovery basis (staff time to review the application, site inspections, input from technical staff, attendance at applicable meetings, etc.). Fees for Cataraqui Conservation’s review of planning applications within the Township of Frontenac Islands differ from other fees due to a special arrangement with the municipality.

Fees can be paid over the phone, using a credit card, in person (credit, debit or cheque) or through the mail (cheque). Contact staff if you are unsure of the applicable fee or have any other questions.

No. Cataraqui Conservation provides input related to natural hazards to the relevant approval authority with respect to your application. The final decision rests with the applicable planning approval authority (e.g.
municipal council, Committee of Adjustment, Planning Committee, County Council, etc.).

When municipalities determine that a planning application falls within an area of interest based on screening criteria set out by the conservation authority, the planning application is circulated to Cataraqui Conservation staff for review and comment.

Areas of interest include lands adjacent to shorelines and surface water features (watercourse, wetlands etc.), areas of potential flood and erosion risk, and areas of karst topography. Staff work closely with our member municipalities to ensure that timely review of applications is provided
and to avoid unnecessary review overlap.

Comments are based on our area of expertise (e.g. natural hazards) in relation to provincial and municipal legislation and policies. These include but are not limited to:

Yes. Staff may request additional site-specific information to inform their review of a planning application. Examples of additional information or reports that may be required include: a wetland assessment, natural hazard study, karst assessment or a geo-technical report. When requesting additional studies, staff make every effort to inform the applicant as early in the process as possible (e.g. at the pre-consultation stage). We also maintain a list of qualified professionals that may undertake these studies and a set of technical study guidelines to ensure the proper scope of work is completed.

Yes. Cataraqui Conservation can become involved in a hearing in one of two ways:

  1. Cataraqui Conservation may appeal a decision of the approval authority where the matter is related to natural hazards.
  2. Cataraqui Conservation may also provide evidence upon request from the applicant, the appellant, and/or the approval authority.

Shoreline Work FAQ

A permit is not required for a dock if:

It is removable/seasonal (e.g. floating dock with or without an anchor), cantilevered (lifts up and down), aluminum frame resting on the bed of lake, and does not interfere with a wetland or its hydrologic functions.
Where wetlands are present, further conditions must be met to determine if a dock needs a permit. It is recommended you fill out the Permit Inquiry Form or contact staff when a dock proposal is in or near a wetland. You can also visit our Regulation Screening Map to determine if your property is located in an area that is regulated by Cataraqui Conservation.

A permit may be required for the support system of a removable/seasonal dock if the dock will be attached to the shore by a new support system (e.g. concrete pad), if fill is placed or removed of the lake/river bottom or shore is otherwise altered.

A permit is required if:

  • a new dock is permanent (e.g. post pile-supported or crib dock).
  • an existing permanent dock is being replaced or significantly repaired or altered (e.g. replacement of framing/foundation or full rebuild).
  • a crib structure is being decommissioned and crib material is being removed from the site.

First, consider whether the erosion has negative impacts or associated risks to you or your surroundings if left un-managed. Erosion is a natural occurrence and, in many instances, may not need to be addressed through artificial protection measures. For example, erosion that causes the undercutting of river/shoreline banks (if not creating a risk to public safety or property) can be left untouched since these areas are an important form of habitat within the riparian zone.

First and foremost, the best way to protect against shoreline erosion is to maintain a healthy buffer of natural vegetation with a variety of plants, trees, and shrubs with hardy root systems. Where enhanced protection measures are necessary, there are many methods for protecting your
shoreline to minimize erosion. Bioengineering, a method of construction for erosion and sediment control that uses plantings or a combination of plantings and other construction materials should be considered as it produces a living system that preserves the natural function and resilience of the nearshore areas.

A shoreline that experiences higher levels of impact from higher energy wave action, ice force, or flow may require more ‘heavy duty’ protection. The placement of rip-rap material (clean angular stone or rock rubble) on top of geotextile filter fabric along a sloped shoreline may be a supported option and can be effective in dissipating wave action. It also prevents soil particles from washing out while allowing land-based runoff to naturally percolate back into the waterbody.

Rip-rap can often be combined with bioengineering methods by planting native shrubs and plants among the rip-rap material to preserve needed plant materials for a healthy ecosystem. In some cases, rip-rap material may not sufficiently protect a shoreline, therefore it is encouraged that you consult with a qualified professional to come up with the best solution for a given problem and location.

Subject to existing characteristics and topography of a shoreline, new vertical or tiered shoreline walls may only be considered where other methods of shoreline stabilization such as bioengineering or rip-rap have been considered and found to be inappropriate due to site conditions.

Refer to the diagrams for shoreline protection measures found on our website: https://cataraquiconservation.ca/pages/docks-shoreline. Please also see additional information resources below.

It depends. Typically, Cataraqui Conservation protocol is to work with landowners to protect/repair their existing shoreline. The intent is to limit the amount of fill that is being placed within the regulatory floodplain, to avoid impacts to neighbouring shorelines and to minimize drainage issues. Permit approval from Cataraqui Conservation is required for reclamation work.

It is likely you will require a Cataraqui Conservation permit to repair or replace a failing retaining wall.  It is recommended you fill out the Permit Inquiry Form or contact staff so that recommendations and supported designs can be further discussed. Cataraqui Conservation focuses on natural options which are often more cost effective to the landowner, beneficial to the environment, and provide a suitable level of protection to your shoreline.

Refer to the diagrams for shoreline protection measures found on our website: https://cataraquiconservation.ca/pages/docks-shoreline.

Cataraqui Conservation does not regulate installation of bubbler systems.  However, a permit would be required if excavation or grading is required to install them. We are currently unaware of a regulatory agency which regulates bubbler systems. However, these systems are not recommended due to increase in turbidity, impacts on fish habitat, changes in water-body thermal regime and dissolved oxygen for aquatic organisms and potential to aid the spread of invasive species.

Only in certain circumstances. For example, if the clearing is in connection with a wetland (vegetation removal can impact the hydrologic function of a wetland) or if the vegetation clearing also involves alteration to the shoreline or embankments such as
excavation, placement of fill or grading.

A vegetated shoreline has many benefits including:

  • acting as a natural form of erosion protection.
  • protecting lake or river water quality by filtering the water leaving a property
  • providing important terrestrial and aquatic habitat.
  • providing a level of privacy.
  • discouraging Canada Geese and preventing associated nuisance interactions

Clearing a shoreline of vegetation negatively impacts the natural biome and ecosystem health that comes with a natural shoreline. Did you know there has been research that demonstrates a connection between water quality and cottage prices in Ontario?

You should contact the conservation authority to discuss your proposal for vegetation removal to confirm whether there may be any regulatory requirements. Staff are happy to discuss options for keeping your shoreline natural while addressing any concerns or needs. You may also want to download a copy of our Lake Protection Workbook for self-assessment of your property and resources. See below for additional information resources.

It depends on what is meant by “clean-up” the shoreline. Regulatory restrictions apply for vegetation removal in certain areas (wetland habitat) and excavation, placement of fill and grading within the regulatory floodplain and the bed of a waterbody. You should always consult with the conservation authority regarding any work in the water and general vicinity of the shoreline. Depending on location, natural features and the extent/type of work, approval may be required and restrictions may apply. You may also require approval from other applicable agencies such as the Ministry of Natural Resources and the Department of Fisheries and Oceans.

A permit is not needed for a storage shed near a shoreline if:

  • The structure is 15 square metres or less in size (including attached decking, etc.).
  • The structure does not contain habitable space (e.g. sleeping bunkie).
  • It is a stand-alone structure (not an addition to an existing structure).
  • It is not located within a waterbody (boathouses on the water are not exempt) or wetland.
  • Construction of the structure does not require site alteration such as excavation, placement of fill or grading (i.e. structure is placed “at grade”).

NOTE: any building or structure (other than marine facilities) that requires permission (permit) from Cataraqui Conservation must meet the applicable requirements for upland development including setbacks from the natural hazard (e.g. flooding, erosion, dynamic beach hazard) or wetland and flood proofing measures. Please also consult with your municipal Planning and Building Departments to determine if planning approvals or building permits are necessary. Remember, exemption from conservation authority approval does not exempt you from other applicable regulations and vice-versa.

Other Information & Resources

Natural Hazards-related information:

Our Policies for Implementing Ontario Regulation 41/24 (our “regulatory policies”) and appendices are found here:
https://cataraquiconservation.ca/pages/planning-permitting.

Our Environmental Planning Policies are found here:
https://cataraquiconservation.ca/pages/planning-permitting.

Note: the Environmental Planning Policies were last updated in 2021 and may not reflect recent regulatory and legislative changes.

Conservation Authorities Act https://www.ontario.ca/laws/statute/90c27

Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits https://www.ontario.ca/laws/regulation/r24041

Conservation Ontario https://conservationontario.ca/

Watersheds Canada Website https://watersheds.ca/

613-546-4228

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