Legislation
A permit application must include verification that other applicable laws have been adhered to. In North Perth the most common legislation that affects building permits are:
Ministry of Transportation (MTO) – if your project is within a certain distance of a a provincial highway like Highway 23 in North Perth then you need to secure permits from the MTO before a building permit can be issued.
Conservation Act – The Conservation Authority regulates lands that are affected by flooding and erosion hazards – if the property for the project is within these areas a permit may be needed from the Maitland Valley Conservation Authority prior to a building permit being issued.
Record of Site Condition (RSC) - If a land use is proposed to change to a more sensitive land use according to the classifications in the Environmental Protection Act R.S.O 1990 and Ontario Regulation 153/04 Record of Site Condition then a RSC will be needed and can take a significant amount of time to produce.
Nutrient Management Act - If you are applying for a building permit for a farm operation with livestock numbers that are 5 nutrient units or more you must submit a Nutrient Management Strategy (NMS) that has been approved by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). If your operation has 300 nutrient units or more you must also have an approved Nutrient Management Plan (NMP)
Minimum Distance Separation (MDS) - The zoning bylaw regulates MDS. Calculations are required for a building permit that have been completed by a Certified Nutrient Management Consultant.
- MDS I setbacks are determined between proposed new development and existing livestock barns, manure storages and/or anaerobic digesters.
- MDS II setbacks are determined between proposed new or altered livestock facilities and/or anaerobic digesters and existing or approved development, lot lines and road allowances.
Source Water Protection - Certain uses within Wellhead Protection Areas (WHPAs) require review of the development application and possible Risk Management Plan. Within vulnerable areas for municipal drinking water systems, a Section 59 Notice (S.59) from the Risk Management Official (RMO) is required before the municipality processes an application for a development proposed under the Planning Act, Condominium Act or the Ontario Building Code. Notice from the RMO will identify if the activities related to the proposed development are prohibited under Section 57, whether a Risk Management Plan is required under Section 58, or that no Risk Management Plan is required.
In the Ausable Bayfield source protection area, contact Elizabeth Balfour, Risk Management Official, by phone at 519-235-2610 or toll-free 1-888-286-2610, extension 240, or email ebalfour@abca.ca
In the Maitland Valley source protection area, contact Donna Clarkson, Risk Management Official, at 519-335-3557, extension 224, or email dclarkson@abca.ca
For more information please visit:
https://www.sourcewaterinfo.on.ca/risk-management-office/