General policies for the Protected Countryside
4.1 Non-agricultural uses
The rural lands of the Protected Countryside are intended to continue to accommodate a range of commercial, industrial and institutional (including cemetery) uses serving the rural resource and agricultural sectors. They are also intended to support a range of recreation and tourism uses such as trails, parks, golf courses, bed and breakfasts and other tourism-based accommodation, serviced playing fields and campgrounds, ski hills and resorts.
4.1.1 General non-agricultural use policies
For non-agricultural uses, the following policies apply:
- Non-agricultural uses are not permitted in the specialty crop areas as shown on Schedule 2 and Schedule 3 of this Plan or within prime agricultural areas in the Protected Countryside, with the exception of those uses permitted under sections 4.2 to 4.6 of this Plan.
- Proposals for non-agricultural uses must demonstrate that:
- The use is appropriate for location on rural lands
- The type of water and sewer servicing proposed is appropriate for the type of use;
- There are no negative impacts on key natural heritage features or key hydrologic features or their functions; and
- There are no negative impacts on the biodiversity or connectivity of the Natural Heritage System.
- With the exception of mineral aggregate operations, where non-agricultural uses are proposed on rural lands, the completion of an agricultural impact assessment should be considered.
4.1.2 Recreational use policies
In addition to the non-agricultural use policies of section 4.1.1, recreational uses are also subject to the following policies:
- Residential dwelling units, other than for an employee, shall not be permitted in association with recreational uses.
- An application to establish or expand a major recreational use in the Natural Heritage System shall be accompanied by a vegetation enhancement plan that incorporates planning, design, landscaping and construction measures that:
- Maintain or, where possible, enhance the amount of natural self- sustaining vegetation on the site and the connectivity between adjacent key natural heritage features or key hydrologic features;
- Wherever possible, keep intermittent stream channels and drainage swales in a free-to-grow, low-maintenance condition;
- Minimize the application and use of pesticides and fertilizers; and
- Locate new natural self-sustaining vegetation in areas that maximize the ecological functions and ecological value of the area.
- An application to expand or establish a major recreational use shall be accompanied by a conservation plan demonstrating how water, nutrient and biocide use shall be kept to a minimum, including through the establishment and monitoring of targets.
- Small-scale structures for recreational uses (such as boardwalks, footbridges, fences, docks and picnic facilities) are permitted within key natural heritage features and key hydrologic features; however, the number of such structures and the negative impacts on these features should be minimized.
4.1.3 Developed shoreline area policies
The developed shoreline areas of Lake Ontario, Lake Simcoe, Lake Scugog and other inland lakes contain substantial amounts of both seasonal and permanent residential development. The developed shoreline areas of lakes (including their littoral zones) are particularly important and sensitive because they include key natural heritage and hydrologic features and functions, benefits to water quality and quantity, cultural heritage resources, vital human services and recreational opportunities, including trail systems. Climate change is expected to be an important consideration in shoreline management given projected declines in Great Lakes water levels.
Policy 4.2.4.5 of the Growth Plan applies to developed shoreline areas within the Protected Countryside.
4.2 Infrastructure
Infrastructure is important to economic well-being, human health and quality of life in southern Ontario and the Greenbelt.
There is already extensive local and regional infrastructure within the Greenbelt to serve its settlement areas, agricultural and resource sectors and the rural economy. Existing infrastructure must be maintained and new infrastructure will be needed to continue serving existing and permitted land uses within the Greenbelt.
In addition, major infrastructure serving national, provincial and inter-regional needs traverses the Greenbelt. It is also anticipated that new and/or expanded facilities will be needed in the future to serve the substantial growth projected for the GGH. The Growth Plan provides the policy framework to guide infrastructure planning and investments to support and accommodate forecasted growth in a manner that is integrated with land use planning and environmental protection.
Climate change also poses a challenge for maintaining existing infrastructure and planning for new infrastructure. By increasing resiliency of infrastructure and encouraging the use of green infrastructure, municipalities can reduce the risk of harm to life and property and decrease the need for costly repairs or replacement resulting from extreme weather events. Identifying infrastructure risks and vulnerabilities and undertaking climate change adaptation strategies can help mitigate the impacts of climate change.
4.2.1 General infrastructure policies
For lands falling within the Protected Countryside, the following policies shall apply:
- All existing, expanded or new infrastructure subject to and approved under the Canadian Environmental Assessment Act, the Environmental Assessment Act, the Planning Act, the Aggregate Resources Act or the Telecommunications Act or by the National or Ontario Energy Boards, or which receives a similar environmental approval, is permitted within the Protected Countryside, subject to the policies of this section and provided it meets one of the following two objectives:
- It supports agriculture, recreation and tourism, Towns/Villages and Hamlets, resource use or the rural economic activity that exists and is permitted within the Greenbelt; or
- It serves the significant growth and economic development expected in southern Ontario beyond the Greenbelt by providing for the appropriate infrastructure connections among urban centres and between these centres and Ontario’s borders.
- The location and construction of infrastructure and expansions, extensions, operations and maintenance of infrastructure in the Protected Countryside are subject to the following:
- Planning, design and construction practices shall minimize, wherever possible, the amount of the Greenbelt, and particularly the Natural Heritage System and Water Resource System, traversed and/or occupied by such infrastructure;
- Planning, design and construction practices shall minimize, wherever possible, the negative impacts on and disturbance of the existing landscape, including, but not limited to, impacts caused by light intrusion, noise and road salt;
- Where practicable, existing capacity and co-ordination with different infrastructure services shall be optimized so that the rural and existing character of the Protected Countryside and the overall hierarchy of areas where growth will be accommodated in the GGH established by the Greenbelt Plan and the Growth Plan are supported and reinforced;
- New or expanding infrastructure shall avoid key natural heritage features, key hydrologic features or key hydrologic areas unless need has been demonstrated and it has been established that there is no reasonable alternative;
- Where infrastructure does cross the Natural Heritage System or intrude into or result in the loss of a key natural heritage feature, key hydrologic feature or key hydrologic areas, including related landform features, planning, design and construction practices shall minimize negative impacts on and disturbance of the features or their related functions and, where reasonable, maintain or improve connectivity;
- New or expanding infrastructure shall avoid specialty crop areas and other prime agricultural areas in that order of priority, unless need has been demonstrated and it has been established that there is no reasonable alternative;
- Where infrastructure crosses prime agricultural areas, including specialty crop areas, an agricultural impact assessment or equivalent analysis as part of an environmental assessment shall be undertaken; and
- New waste disposal sites and facilities, and organic soil conditioning sites are prohibited in key natural heritage features, key hydrologic features and their associated vegetation protection zones.
- Infrastructure serving the agricultural sector, such as agricultural irrigation systems, may need certain elements to be located within the vegetation protection zone of a key natural heritage feature or key hydrologic feature. In such instances, these elements of the infrastructure may be established within the feature itself or its associated vegetation protection zone, but all reasonable efforts shall be made to keep such infrastructure out of key natural heritage features, key hydrologic features and their associated vegetation protection zones.
4.2.2 Sewage and water infrastructure policies
In addition to the policies of section 4.2.1, for sewage and water infrastructure in the Protected Countryside the following policies shall apply:
- Planning, design and construction of sewage and water infrastructure shall be carried out in accordance with the policies in subsection 3.2.6 of the Growth Plan.
- The extension of municipal or private communal sewage or water services outside of a settlement area boundary shall only be permitted in the case of health issues or to service existing uses and the expansion thereof adjacent to the settlement area. Notwithstanding the above, where municipal water services exist outside of settlement areas, existing uses within the service area boundary as defined by the environmental assessment may be connected to such a service.
4.2.3 Stormwater management and resilient infrastructure policies
In addition to the policies of section 4.2.1, for stormwater management infrastructure in the Protected Countryside the following policies shall apply:
- Planning, design and construction of stormwater management infrastructure shall be carried out in accordance with the policies in subsection 3.2.7 of the Growth Plan.
- Municipalities shall assess infrastructure vulnerability within Towns/ Villages in accordance with policy 3.2.1.4 of the Growth Plan.
- Stormwater management systems are prohibited in key natural heritage features, key hydrologic features and their associated vegetation protection zones. The determination of appropriate vegetation protection zones shall be defined in accordance with sections 3.2.5.4 and 3.2.5.5 of this Plan, which consider the area and nature of the feature being protected and the nature of the proposed stormwater management system.
Within those portions of the Protected Countryside that define the major river valleys that connect the Niagara Escarpment and Oak Ridges Moraine to Lake Ontario, naturalized stormwater management systems may be permitted within the vegetation protection zone of a significant valleyland, provided they are located a minimum of 30 metres from the river or stream, and they are located outside of the vegetation protection zone of any other key natural heritage feature or key hydrologic feature. - Applications for development and site alteration in the Protected Countryside shall be accompanied by a stormwater management plan which demonstrates that:
- Planning, design and construction practices will minimize vegetation removal, grading and soil compaction, sediment erosion and impervious surfaces;
- An integrated treatment approach will be used to minimize stormwater flows and mimic natural hydrology through lot level controls, low impact development and other conveyance techniques;
- Applicable recommendations, standards or targets within a subwatershed plan or equivalent and water budgets will be complied with; and
- Applicable objectives, targets, and any other requirements within a stormwater master plan will be met in accordance with the policies in subsection 3.2.7 of the Growth Plan.
- The objectives of a stormwater management plan are to avoid, or if avoidance is not possible, minimize and mitigate stormwater volume, contaminant loads and impacts to receiving water courses in order to:
- Maintain groundwater quality and flow and stream baseflow;
- Protect water quality;
- Minimize the disruption of pre-existing (natural) drainage patterns wherever possible;
- Prevent increases in stream channel erosion;
- Prevent any increase in flood risk; and
- Protect aquatic species and their habitat.
4.3 Natural Resources
4.3.1 Renewable resource policies
For lands falling within the Protected Countryside, the following policies shall apply:
- Renewable resources are those non-agriculture-based natural resources that support uses and activities such as forestry, water taking, fisheries, conservation and wildlife management.
- Activities related to the use of renewable resources are permitted in the Protected Countryside, subject to the policies of this Plan and all other applicable legislation, regulations and municipal planning documents, including the PPS. All such activities shall be undertaken in accordance with the applicable recommendations, standards or targets of any relevant watershed plan or water budget and provincial guidance.
- Within a key natural heritage feature, key hydrologic feature or key hydrologic area, renewable natural resource activities should be carried out in a manner that maintains or, where possible, improves these features, areas and their functions.
4.3.2 Non-renewable resource policies
For lands within the Protected Countryside, the following policies shall apply:
- Non-renewable resources are those non-agriculture-based natural resources that have a finite supply, including mineral aggregate resources. Aggregates, in particular, provide significant building materials for our communities and infrastructure, and the availability of aggregates close to market is important for both economic and environmental reasons.
- Activities related to the use of non-renewable resources are permitted in the Protected Countryside, subject to all other applicable legislation, regulations and official plan policies and by-laws. The availability of mineral aggregate resources for long-term use shall be determined in accordance with the PPS, except as provided below.
- Notwithstanding the policies of section 3.2, within the Natural Heritage System, mineral aggregate operations and wayside pits and quarries are subject to the following:
- No new mineral aggregate operation and no new wayside pits and quarries, or any ancillary or accessory use thereto, shall be permitted in the following key natural heritage features and key hydrologic features:
- Significant wetlands;
- Habitat of endangered species and threatened species; and
- Significant woodlands, unless the woodland is occupied by young plantation or early successional habitat (as defined by the Ministry of Natural Resources and Forestry). In this case, the application must demonstrate that sections 4.3.2.6 (b), (c) and 4.3.2.7 (c) have been addressed and that they will be met by the operation;
- Any application for a new mineral aggregate operation shall be required to demonstrate:
- How the connectivity between key natural heritage features and key hydrologic features will be maintained before, during and after the extraction of mineral aggregates;
- How the operator could replace key natural heritage features and key hydrologic features that would be lost from the site with equivalent features on another part of the site or on adjacent lands;
- How the Water Resource System will be protected or enhanced; and
- How any key natural heritage features and key hydrologic features and their associated vegetation protection zones not identified in section 4.3.2.3 (a), will be addressed in accordance with sections 4.3.2.6 (b), (c) and 4.3.2.7 (c); and
- An application requiring a new approval under the Aggregate Resources Act to expand an existing mineral aggregate operation may be permitted in the Natural Heritage System, including in key natural heritage features, key hydrologic features and in any associated vegetation protection zones, only if the related decision is consistent with the PPS and satisfies the rehabilitation requirements of this section.
- No new mineral aggregate operation and no new wayside pits and quarries, or any ancillary or accessory use thereto, shall be permitted in the following key natural heritage features and key hydrologic features:
- In prime agricultural areas, applications for new mineral aggregate operations shall be supported by an agricultural impact assessment and, where possible, shall seek to maintain or improve connectivity of the Agricultural System.
- New and existing mineral aggregate operations and wayside pits and quarries within the Protected Countryside shall ensure that:
- The rehabilitated area will be maximized and disturbed area minimized on an ongoing basis during the life cycle of an operation;
- Progressive and final rehabilitation efforts will contribute to the goals of the Greenbelt Plan;
- Any excess disturbed area above the maximum allowable disturbed area, as determined by the Ministry of Natural Resources and Forestry, will be rehabilitated. For new operations, the total disturbed area shall not exceed an established maximum allowable disturbed area; and
- The applicant demonstrates that the quantity and quality of groundwater and surface water will be maintained as per Provincial Standards under the Aggregate Resources Act.
- For rehabilitation of new mineral aggregate operation sites in the Protected Countryside, the following policies apply:
- The disturbed area of a site shall be rehabilitated to a state of equal or greater ecological value and, for the entire site, long-term ecological integrity shall be maintained or enhanced
- If there are key natural heritage features or key hydrologic features on the site, or if such features existed on the site at the time of an application:
- The health, diversity and size of these key natural heritage features and key hydrologic features shall be maintained or enhanced; and
- Any permitted extraction of mineral aggregates that occurs in a feature shall be completed, and the area shall be rehabilitated, as early as possible in the life of the operation;
- Aquatic areas remaining after extraction are to be rehabilitated to aquatic enhancement, which shall be representative of the natural ecosystem in that particular setting or ecodistrict, and the combined terrestrial and aquatic rehabilitation shall meet the intent of section 4.3.2.6 (b); and
- Outside the Natural Heritage System, and except as provided in sections 4.3.2.6 (a), (b) and (c), final rehabilitation shall appropriately reflect the long-term land use of the general area, taking into account applicable policies of this Plan and, to the extent permitted under this Plan, existing municipal and provincial policies. In prime agricultural areas, the site shall be rehabilitated in accordance with section 2.5.4 of the PPS.
- Final rehabilitation for new mineral aggregate operations in the Natural Heritage System shall meet these additional policies:
- Where there is no extraction below the water table, an amount of land equal to that under natural vegetated cover prior to extraction, and no less than 35 per cent of the land subject to each license in the Natural Heritage System, is to be rehabilitated to forest cover, which shall be representative of the natural ecosystem in that particular setting or ecodistrict. If the site is also in a prime agricultural area, the remainder of the land subject to the license is to be rehabilitated back to an agricultural condition;
- Where there is extraction below the water table, no less than 35 per cent of the non-aquatic portion of the land subject to each license in the Natural Heritage System is to be rehabilitated to forest cover, which shall be representative of the natural ecosystem in that particular setting or ecodistrict. If the site is also in a prime agricultural area, the remainder of the land subject to the license is to be rehabilitated in accordance with section 2.5.4 of the PPS; and
- Rehabilitation shall be implemented so that the connectivity of the key natural heritage features and the key hydrologic features on the site and on adjacent lands shall be maintained or enhanced.
- Operators are encouraged to consider and provide for public access to former aggregate sites upon final rehabilitation, where appropriate.
- Notwithstanding any provision of this section to the contrary, within the specialty crop areas identified on Schedule 2 as the Niagara Peninsula Tender Fruit and Grape Area, mineral aggregate operations and wayside pits and quarries are subject to the following requirements:
- No new mineral aggregate operation, wayside pits and quarries or any ancillary or accessory use thereto shall be permitted between Lake Ontario and the Niagara Escarpment Plan Area;
- A new mineral aggregate operation or wayside pits and quarries may only be considered on primary and secondary selected sand and gravel resources on the Fonthill Kame, in the Town of Pelham, as identified by Aggregate Resource Inventory Paper #4, if the applicant demonstrates that:
- Substantially the same land area shall be rehabilitated back to an agricultural condition which allows for the same range and productivity of specialty crops common in the area; and
- The microclimate on which the site and the surrounding area may be dependent for specialty crop production shall be maintained or restored; and
- A new mineral aggregate operation or wayside pits and quarries shall only be permitted in the parts of the Niagara Peninsula Tender Fruit and Grape Area not identified in 4.3.2.9 (a) and (b) where the applicant demonstrates the following:
- The physical characteristics of the proposed site allow for the rehabilitation of the property back to an agricultural condition; or
- If the physical characteristics of the proposed site will not allow for the rehabilitation of the property back to an agricultural condition, the applicant has considered alternative locations; and
- Where other alternatives have been considered by the applicant and found unsuitable, and in situations where complete agricultural rehabilitation in the specialty crop area is not possible due to the depth of planned extraction or a substantial aggregate deposit below the water table warranting extraction, agricultural rehabilitation in the remaining licensed area shall be maximized as a first priority to allow production of specialty crops.
- Where a municipality has undertaken a comprehensive aggregate resource management study and implemented the results into its official plan prior to December 16, 2004, such policies shall be deemed to conform with this Plan.
- Municipalities should ensure that all land use activities related to the post-extraction rehabilitation of mineral aggregate operations are consistent with any relevant approved source protection plan and relevant watershed or subwatershed plan.
4.4 Cultural Heritage Resources
For lands within the Protected Countryside, the following policies shall apply:
- Cultural heritage resources shall be conserved in order to foster a sense of place and benefit communities.
- Municipalities shall work with stakeholders, as well as First Nations and Métis communities, in developing and implementing official plan policies and strategies for the identification, wise use and management of cultural heritage resources.
- Municipalities are encouraged to consider the Greenbelt’s vision and goals in preparing archaeological management plans and municipal cultural plans and consider them in their decision-making.
4.5 Existing Uses
For lands falling within the Protected Countryside, the following policies shall apply:
- All existing uses are permitted.
- Single dwellings are permitted on existing lots of record, provided they were zoned for such as of the date the Greenbelt Plan came into force. Municipalities are encouraged to retain existing lots of record for agricultural uses and discourage non-agricultural uses where appropriate.
- Outside of the Natural Heritage System, second dwelling units are permitted within single dwellings permitted in accordance with sections 4.5.1 and 4.5.2 or within existing accessory structures on the same lot.
- Expansions to existing buildings and structures, accessory structures and uses and/or conversions of legally existing uses which bring the use more into conformity with this Plan are permitted subject to a demonstration of the following:
- Notwithstanding section 4.2.2.2, new municipal services are not required; and
- The use does not expand into key natural heritage features or key hydrologic features or their associated vegetation protection zones, unless there is no other alternative, in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure.
- Expansions or alterations to existing buildings and structures for agricultural uses, agriculture-related uses or on-farm diversified uses and expansions to existing residential dwellings may be considered within key natural heritage features, key hydrologic features and their associated vegetation protection zones if it is demonstrated that:
- There is no alternative, and the expansion or alteration in the feature is minimized and, in the vegetation protection zone, is directed away from the feature to the maximum extent possible; and
- The impact of the expansion or alteration on the feature and its functions is minimized and mitigated to the maximum extent possible.
- Expansion, maintenance and/or replacement of existing infrastructure is permitted subject to the infrastructure policies of section 4.2.
4.6 Lot Creation
For lands falling within the Protected Countryside, the following policies shall apply:
- Lot creation is discouraged and may only be permitted for:
- Outside prime agricultural areas, including specialty crop areas, the range of uses permitted by the policies of this Plan;
- Within prime agricultural areas, including specialty crop areas:
- Agricultural uses, where the severed and retained lots are intended for agricultural uses and provided the minimum lot size is 16 hectares (or 40 acres) within specialty crop areas and 40 hectares (or 100 acres) within prime agricultural areas; and
- Agriculture-related uses, provided that any new lot shall be limited to the minimum size needed to accommodate the use and appropriate sewage and water services;
- Acquiring land for infrastructure purposes, subject to the infrastructure policies of section 4.2;
- Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation, provided it does not create a separate lot for a residential dwelling in prime agricultural areas, including specialty crop areas;
- Minor lot adjustments or boundary additions, provided they do not create a separate lot for a residential dwelling in prime agricultural areas, including specialty crop areas, and there is no increased fragmentation of a key natural heritage feature or key hydrologic feature; and
- The severance of a residence surplus to a farming operation as a result of a farm consolidation, on which a habitable residence was an existing use, provided that:
- The severance will be limited to the minimum size needed to accommodate the use and appropriate sewage and water services; and
- The planning authority ensures that a residential dwelling is not permitted in perpetuity on the retained lot of farmland created by this severance. Approaches to ensuring no new residential dwellings on the retained lot of farmland may be recommended by the Province, or municipal approaches that achieve the same objective should be considered.