Niagara Escarpment Planning and Development Act
Loi sur la planification et l’aménagement de l’escarpement du Niagara

R.R.O. 1990, REGULATION 828

DEVELOPMENT WITHIN THE DEVELOPMENT CONTROL AREA

Consolidation Period:  From July 6, 2026 to the e-Laws currency date.

Last amendment: 225/26.

Legislative History: 739/91, 313/92, 477/92, 658/92, 662/92, 663/92, 190/93, 33/96, 469/96, 48/99, 423/12, 225/26.

This Regulation is made in English only.

Interpretation

1. (1) In this Regulation,

“construction” includes the installation, placement, establishment or erection of any new building or structure, or the upgrade or improvement of an existing building or structure;

“deck” means an outdoor horizontal structure or platform that is accessory to a dwelling, whether or not it is attached to the dwelling and is covered or uncovered, and includes a patio, porch or verandah;

“dwelling” means a building or part thereof, designed for use by one household and which has for the exclusive use of the household,

(a) one or more habitable rooms,

(b) separate kitchen facilities,

(c) separate sanitary facilities, and

(d) a private entrance from outside the building or from a common area within the building,

but does not include a mobile home;

“front wall” means the wall of a building or structure that is located nearest to the front lot line;

“front yard” means a yard extending across the full width of a lot on which a building or structure is situate, and extending from the front lot line to the part of the building or structure that is nearest to the front lot line;

“general agricultural development” means a class of development whereby land, buildings or structures are used for the purpose of forestry, cultivation of trees and nursery stock, maple sugar harvesting, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry raising, beekeeping, the operation of glass or plastic covered greenhouses, and such uses as are customarily and normally related to agriculture, but does not include,

(a) special agricultural development, or

(b) the construction of an equestrian racetrack or sand ring or any class of development whereby land, buildings or structures are used for the purpose of an equestrian event or a horseback riding school;

“good forestry practices” has the same meaning as in subsection 1 (1) of the Forestry Act;

“group home” means a residence that is licensed or funded by a public agency for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, need a group living arrangement for their well being;

“habitat management project” means an activity undertaken to create, restore or enhance fish or wildlife habitat and includes the creation of a wetland;

“height” means,

(a) with respect to a building, the greatest vertical distance between the point of lowest finished grade adjoining any exterior wall of a building and the highest point of the roof,

(b) with respect to a structure, means the greatest vertical distance between the point of lowest finished grade and the highest point or points of the structure;

“household” means one or more persons living as a single housekeeping unit in one dwelling or in a group home;

“lot” means a parcel of land,

(a) described in a deed or other document legally capable of conveying an interest in land, or

(b) shown as a lot or block on a registered plan of subdivision;

“lot area” means the horizontal area within the boundary lines of a lot;

“maintenance” means servicing, repairing or any other work on land, buildings or structures that does not change the location, size or height of the existing building or structure and does not change the use of the site;

“minor structure” means a structure, except a sign, driveway or wind machine, with a total area of 4 square metres or less;

“mobile home” means a vehicle that is,

(a) designed to be pulled or propelled by a motor vehicle, and

(b) used for human habitation;

“pool” means a structure made with engineered materials designed to hold water to enable swimming or other leisure activities and includes a swimming pool, hot tub, spa or swim spa;

“professional forester” means a person who holds a certificate of registration under the Professional Foresters Act, 2000;

“public authority” means,

(a) a municipality, local board or conservation authority, or

(b) a ministry, board, commission, agency or official of a provincial or federal government;

“rear yard” means a yard extended across the full width of a lot upon which a building or structure is situate and from the rear lot line to the part of the building or structure that is nearest to the rear lot line;

“reconstruction” means any development that would replace an existing building or structure with a new building or structure that is in the same location on the lot and has a footprint that is smaller or the same size as the existing building or structure, and does not change the use of the building or structure;

“road” means a highway that is,

(a) under the jurisdiction of the Province of Ontario or a municipality, or

(b) a road within a registered plan of subdivision;

“seasonal” means operated for six months or less in a calendar year;

“side yard” means a yard extending from the front yard to the rear yard of a lot upon which a building or structure is situate and from the side lot line to the part of the building or structure that is nearest to the side lot line;

“single dwelling” means a separate building containing only one dwelling;

“special agricultural development” means a class of development whereby land, buildings or structures are used for the purpose of intensive livestock, poultry, cattle or other farm operations and includes use as a piggery, a turkey, game bird or chicken farm or hatchery, a fur farm, a mushroom farm, an animal kennel, a farm for the keeping or display of exotic animals, an aquaculture facility and a feed lot area or manure storage area;

“tree” means a woody plant that,

(a) has reached a height of 4.5 metres or belongs to a species that has an average height of at least 4.5 metres at physiological maturity, and

(b) has a stem diameter of more than 10.2 centimetres when measured from the outside bark at a point 1.3 metres above the ground;

“wind machine” means an engine-driven fan that is used for protecting horticultural crops from damage due to cold air and frost;

“yard” means the area on a lot unoccupied by a building or structure.  R.R.O. 1990, Reg. 828, s. 1; O. Reg. 658/92, s. 1; O. Reg. 190/93, s. 1; O. Reg. 48/99, s. 1 (1-4); O. Reg. 423/12, s. 1; O. Reg. 225/26, s. 1.

(2) In this Regulation,

(a) a lot that abuts on a road or a body of water is considered to have a front lot line on each lot line that abuts on the road or the water; and

(b) a corner lot is considered to have two front lot lines.

(3) For the purposes of this Regulation, something is accessory to another thing if it is normally incidental or subordinate to the other thing, but a dwelling or other structure that is used for human habitation shall be deemed not to be accessory to anything.  O. Reg. 48/99, s. 1 (5).

2. This Regulation applies to the areas of land within the Niagara Escarpment Planning Area that is designated under Regulation 826 of the Revised Regulations of Ontario, 1990 (Designation of Area of Development Control) made under the Act as an area of development control.  R.R.O. 1990, Reg. 828, s. 2.

3. Zoning by-laws and the Minister’s orders made under section 47 of the Planning Act have no effect in the area of development control designated under Regulation 826 of the Revised Regulations of Ontario, 1990 (Designation of Area of Development Control) made under the Act.  O. Reg. 48/99, s. 2.

4. An application for a development permit shall be on a form provided by the Commission.  O. Reg. 48/99, s. 2.

5. The following classes of development, if listed as permitted uses under the land use policies established in the Niagara Escarpment Plan and not in conflict with a development permit issued under the Act, are exempt from the requirement of obtaining a development permit:

1. Subject to any applicable municipal by-law or regulation made under any Act that regulates the cutting of trees, the cutting, destruction, removal, pruning, relocation or transplantation of trees on a lot, if the trees are cut, destroyed, removed, pruned, relocated or transplanted for any of the following purposes or reasons:

i. As part of the normal operation of a Christmas tree farm, nursery or orchard.

ii. The trees constitute a safety hazard.

iii. The trees are dead or diseased or have been damaged by natural causes and not by human intervention.

iv. The maintenance of oil and gas pipelines, distribution lines and corridors.

v. The maintenance of electric power distribution lines and corridors.

vi. The connection, repair and maintenance of public utilities to approved buildings and structures.

vii. The maintenance of open public roads and road allowances immediately adjacent to them.

viii. The maintenance of existing recreational trails.

ix. Controlling exotic pests and diseases through programs authorized or undertaken by public authorities having jurisdiction to prescribe such control.

x. Controlling any invasive plant species that is listed in Table 2 or 4 of Ontario Regulation 354/16 (General) made under the Invasive Species Act, 2015 or is required to be removed by an order issued by a public authority.

xi. Personal use by the owner of the lot on which the trees to be cut, destroyed or removed are situated, if no sale of the trees or any wood products created from the cutting, destruction or removal of the trees occurs.

xii. The pruning of trees by the owner of the lot on which the trees are situated.

xiii. Forest fire control or controlled burning through programs authorized or undertaken by public authorities having jurisdiction to prescribe such control.

xiv. A study required by a public authority.

2. Except as otherwise provided in this section, the cutting, destruction, removal, pruning, relocation or transplantation of trees to the extent necessary to undertake development that is exempt from the requirement of obtaining a development permit.

3. Where a municipal by-law is in effect that governs the cutting, destruction, removal, pruning, relocation or transplantation of trees, the undertaking of such activities provided the work is done in accordance with good forestry practices and the municipal by-law.

4. The cutting, destruction, removal, pruning, relocation or transplantation of trees on Crown land if the trees are cut, destroyed, removed, pruned, relocated or transplanted in accordance with the Crown Forest Sustainability Act, 1994 or the Forestry Act.

5. The cutting, destruction, removal, pruning, relocation or transplantation of trees if such an activity is done in accordance with the Forestry Act, in accordance with a forest management prescription or plan, including tree cutting prescriptions, or in accordance with the written recommendations of a public authority, provided the activity satisfies the following conditions:

i. It uses tree cutting and management methods designed to minimize adverse effects on the natural environment, including surface drainage and groundwater.

ii. It minimizes disruption of habitats for plants and animal species occurring in the area.

iii. It retains the diversity of native tree species and other plant and animal species.

iv. It aims over the long term to maintain and enhance the quality and productivity of the forest site.

v. It minimizes cutting and tree management within highly sensitive areas such as steep slopes, unstable soils, stream valleys, wetlands and areas of significant groundwater recharge and discharge.

vi. It includes natural regeneration or rehabilitation through reforestation where necessary.

vii. In the case of a Life Science Area of Natural and Scientific Interest, as defined in the Niagara Escarpment Plan, the activity is undertaken for any of the following purposes by a public authority, the Bruce Trail Conservancy or any approved conservation organization identified in the Niagara Escarpment Plan, or the activity is undertaken on behalf of and with the written consent of those entities:

A. To maintain the values for which the area was acquired.

B. For emergency access, where existing agreements are in effect.

C. To implement uses permitted in an approved master plan or management plan for the Niagara Escarpment Parks and Open Space System, as identified in the Niagara Escarpment Plan, that are not in conflict with the Niagara Escarpment Plan.

6. The planting and cultivation of trees or nursery stock.

7. Water taking or discharge associated with a permitted use, if,

i. the water taking or discharge is authorized under an emergency order or other similar instrument issued by the Ministry of the Environment, Conservation and Parks under the authority of an Act for the purpose of ensuring public safety, environmental protection or health, or

ii. all of the following conditions are met:

A. The water taking or discharge was originally authorized by a Development Permit issued under the Act.

B. A Permit to Take Water previously authorized by a Development Permit is being renewed by the Ministry of the Environment, Conservation and Parks for the same purpose at the same maximum rates of water taking.

C. An environmental compliance approval for water discharge authorized by a Development Permit is being renewed by the Ministry of the Environment, Conservation and Parks for the same purpose at the same rates of discharge.

D. The water taking or discharge does not require the construction or installation of additional infrastructure or apparatus.

8. The excavation of any land, deposit of fill and grading for the purpose of constructing a building or structure approved by a development permit or exempted under this section.

9. The deposit of fill for the purpose of landscaping, if,

i. the depth of fill deposited on the site does not exceed 15 centimetres at any location, and

ii. the deposit does not result in any change in the location, direction or rate of drainage to neighbouring properties.

10. The maintenance or reconstruction of land, buildings or structures damaged or destroyed by causes beyond the control of the owner if the maintenance or reconstruction is started within five years after the damage or destruction occurred.

11. The maintenance, reconstruction or demolition of land, buildings or structures that is required by an order or other instrument issued under an Act by a public authority for the purpose of ensuring public safety or health.

12. The environmental remediation of land, buildings or structures that is required by an order or other instrument issued under an Act by a public authority.

13. Any change to the interior of a building or structure that does not change the use of the building or structure.

14. The maintenance or reconstruction of the exterior of a building or structure.

15. The maintenance or construction of a building or structure, including a driveway, to the extent necessary for meeting fire safety standards and providing accessible access.

16. The demolition or reconstruction of all or a part of a building or structure, if,

i. the building or structure or the part of the building or structure to be demolished or reconstructed does not exceed 186 square metres,

ii. the building or structure to be demolished,

A. is not designated under the Ontario Heritage Act as being of historic or architectural value or interest,

B. is not intended to be designated under the Ontario Heritage Act as being of historic or architectural value or interest, according to a notice of intention to designate published under that Act, and

C. is not otherwise recognized under any Act or any municipal by-law as being historically or architecturally significant,

iii. any waste material resulting from the demolition is reused on the site, recycled, sold or traded, or removed and disposed of at a waste disposal site approved to receive that kind of waste under the Environmental Protection Act or the Environmental Assessment Act,

iv. where the building or structure is reconstructed, the reconstructed building or structure is not a dwelling and is finished within five years of the demolition, and

v. where no reconstruction occurs within five years after the demolition, the site on which the demolition occurs is levelled and covered with topsoil of sufficient depth to support the growth of vegetation.

17. The construction, maintenance or removal of minor structures.

18. The construction, maintenance or removal of the following structures:

i. Above ground heating, ventilation and air conditioning equipment.

ii. Structures placed on or over decks or driveways to provide shelter from the sun or weather, provided the structures do not have permanent walls.

iii. Children’s outdoor playground equipment.

iv. A retaining wall installed for landscaping, decorative or aesthetic purposes that has a maximum height of 1 metre.

v. A fence or gate that has a maximum height of 2.4 metres, a brick or stone wall that has a maximum height of 1.2 metres, or a fence, gate or wall that is permitted by a municipal by-law governing the erection of fencing or walls, but does not include fencing, stone walls or sound barriers for animal kennels or veterinary clinics.

19. The extension or maintenance of a driveway, including the construction of any structures associated with the driveway such as culverts and gates, or the paving of an extension to an existing paved driveway if the width of any extended driveway does not exceed 3 metres and the length does not exceed 10 metres.

20. The construction of a single entrance onto a road, including any necessary culverts, that provides access to and egress from a field that forms part of a farm, provided the field is used exclusively for agricultural purposes.

21. The maintenance of an existing dug pond, if all of the following conditions are met:

i. The original surface area and depth is not increased.

ii. The pond does not require the construction or reconstruction of a dam or berm and is not located on a stream or watercourse.

iii. The dredged material is used for landscaping immediately around the pond site and rehabilitated with vegetation.

22. The construction of a portable tool shed, scaffold, trailer, portable toilet or other building or structure incidental to development, if, despite paragraph 2, no trees are removed and the shed, scaffold, trailer or other building or structure is,

i. not used as a dwelling,

ii. located on the same lot as a development that is approved or exempted under the Act, and

iii. removed when the development is completed or when any applicable development permit expires, whichever is earlier.

23. The construction or removal of temporary structures for temporary events, provided the temporary structures are accessory to the primary permitted use of the land on which they are situated, and if, despite paragraph 2, no trees are removed and all the following conditions are met:

i. The structures are situated on a lot for not more than 30 days cumulatively in any calendar year.

ii. The structures do not require the construction of any permanent servicing facility or a permanent foundation.

24. The maintenance or decommissioning of an underground fuel tank or the maintenance, construction or decommissioning of a private sewage disposal system, if,

i. the structure services only the lot on which it is located, and

ii. where applicable, the work is undertaken in accordance with the Technical Standards and Safety Act, 2000.

25. The maintenance or construction of a ground source heat pump, if, on completion, all of the following conditions will be met:

i. Despite paragraphs 2 and 8, the ground source heat pump does not require the removal of trees or the addition of fill or earth.

ii. The ground source heat pump does not require the construction of a pond or the alteration of an existing pond, stream or watercourse.

26. The construction of flush mounted solar panels and solar water heating systems on the roof of any building or structure.

27. The construction, maintenance or removal of one permanent sign advertising the sale of farm produce or products on a lot, if all of the following conditions are met:

i. The sign is not more than 122 centimetres by 122 centimetres in size.

ii. The sign has a posted height from the existing grade of not more than 244 centimetres to the top of the sign.

iii. The sign is not lighted.

iv. The sign is erected on the lot on which the produce or products are offered for sale.

28. The construction, maintenance or removal of any of the following signs:

i. Traffic, caution, directional and emergency street number signs erected by or on behalf of any government agency.

ii. Election signs.

iii. No trespassing or warning signs.

iv. Temporary public information signs erected by or on behalf of any government agency.

v. Temporary real estate signs that do not exceed one square metre in area.

vi. Unlit signage, plaques or cairns identifying a site or feature as being of cultural, local, provincial or national value or interest, or of historical significance.

vii. A temporary and portable sign or banner within an area designated as a Minor Urban Centre or Urban Area in the Niagara Escarpment Plan, if the sign is subject to a permit from the municipality having jurisdiction.

29. The excavation of land, including the boring of holes, for one of the following temporary purposes:

i. Testing for aggregate in an area designated as an Escarpment Rural Area of the Niagara Escarpment Plan.

ii. Soil testing.

iii. Test drilling for the supply of water.

iv. Archaeological exploration, survey or field work carried out in accordance with the Ontario Heritage Act or a federal statute.

v. Surveys or field work undertaken for the purpose of environmental monitoring, research, inventory or geotechnical survey, or for the purpose of fulfilling any application requirement by a public authority.

30. The construction of a portable storage compound, works yard or trailer incidental to the construction of municipal public works, if the compound, yard or trailer,

i. does not house an asphalt plant,

ii. is not used as a dwelling, and

iii. is removed when the public works are completed or when the development permit for the project expires, whichever is earlier.

31. The maintenance, construction or decommissioning of wells for a municipal water supply that serves the population of the municipality.

32. Small scale recycling depots for paper, glass, plastic, wood, metal or cardboard, established by a municipality to serve the local community, if the area of the depot does not exceed 74 square metres.

33. The maintenance or reconstruction of a road or sidewalk by a municipality, including the maintenance or reconstruction of any structure accessory to a road or sidewalk, such as drainage ditches, culverts, road cuts and retaining walls, if the maintenance or reconstruction does not,

i. open an unopened road allowance, or

ii. occur outside the extent of any existing structures within the municipal right-of-way.

34. The construction of new sidewalks by a municipality, including the construction of any structure accessory to a sidewalk, such as signs, lights and gutters.

35. The maintenance or reconstruction of buildings, or the maintenance of lands and structures for the Bruce Trail and the establishment of the Bruce Trail where those lands, buildings or structures are owned or managed by a public authority or the Bruce Trail Conservancy.

36. On lands owned or managed by a public authority or the Bruce Trail Conservancy, the construction of hiking or cross-country ski trails, including the construction of any structure accessory to the trails, such as signs and vault toilets, but not including any parking area or any structure that requires plumbing.

37. The construction, placement or removal of a portable recreational trailer, or the placement of a vehicle on an existing site within a seasonal campground or trailer park, and, if the trailer or vehicle is allowed to remain on the site year-round, the construction of the following facilities associated with the trailer or vehicle which must be located at least 15 metres from the nearest lot line to the campground or trailer park:

i. An addition that does not exceed 45 square metres in area and is equal to or less than the height of the existing trailer or vehicle.

ii. A patio, deck or covered porch that does not exceed 56 square metres in area.

iii. An accessory building that does not exceed 40 square metres in area.

38. The construction of buildings, structures, facilities and related undertakings identified in a master plan or management plan for the Niagara Escarpment Parks and Open Space System, if,

i. the master plan or management plan has been approved under Part 3 of the Niagara Escarpment Plan,

ii. the master plan or management plan specifically identifies and details the buildings, structures, facilities and related undertakings that are to be exempted under this section, and

iii. the construction and installation of the buildings, structures, facilities and related undertakings occurs within 10 years of the approval of the master plan or management plan under subparagraph i.

39. The servicing of a structure or the upkeep of land associated with an existing habitat management project, if the activity would not have the effect of diverting the existing channel of a stream or watercourse.

40. The undertaking of a new fisheries or wildlife habitat management project, if the following conditions are satisfied:

i. The undertaking of a fisheries or wildlife habitat management project that involves wetland creation or restoration would not occur within or alter any existing stream, watercourse or waterbody.

ii. The total surface area of the fisheries or wildlife habitat management project would not exceed 1 hectare.

iii. The project design and work is undertaken by or supervised by a person or organization who has training or expertise in habitat restoration and management.

41. The construction or removal of school classroom portables accessory to an existing educational facility on property owned by a school board, college or university.

42. The construction of buildings and structures accessory to an existing institutional use, if all of the following conditions are met:

i. The total area of all accessory buildings and structures on the lot does not exceed 10 square metres.

ii. The accessory building or structure is set back at least 1 metre from the side and rear lot lines and at least 10 metres from the front lot line.

iii. The maximum height of any accessory building or structure does not exceed 5 metres.

iv. The accessory building or structure does not require sewage or water services.

v. If the accessory building or structure is located on a lot containing part of the Escarpment brow, as defined in the Niagara Escarpment Plan, in which the brow is formed by a rock cliff, the building or structure is set back at least 10 metres from the location of the brow on the lot.

43. The maintenance of rock faces or cliffs associated with hydroelectric facilities, including the mechanical scaling of rock cliffs required for safety purposes.

44. The maintenance of sewers, mains, pipes, cables, wire or other apparatus connected with public utilities, including equipment shelters and lockers, and the breaking open of any municipal road or highway or other land for this purpose.

45. The construction of sewers, mains, pipes, cables, wire or other apparatus connected with public utilities, including equipment shelters, lockers and lateral connections onto adjacent lots to service existing buildings, in an area designated as an Urban Area in the Niagara Escarpment Plan.

46. The maintenance or construction of electric power distribution lines, operating at a nominal voltage not exceeding 50 kilovolts, by,

i. burying the lines underground, or

ii. using poles not exceeding a height of 18.9 metres to carry the lines and the lines are,

A. located on or immediately adjacent to public road allowances and existing driveways, or

B. located on easements for such lines contained in a registered plan of subdivision or condominium.

47. The maintenance or construction of electric power distribution lines of any voltage, if they are added to and carried on existing poles, towers or similar structures that were approved and intended for this purpose.

48. The construction of permanent boreholes for the purpose of monitoring dam safety at hydroelectric facilities.

49. The use of part of a single dwelling for home occupation or home industry, as those terms are defined in the Niagara Escarpment Plan, if the following conditions are met:

i. The home occupation or home industry is located in the primary dwelling unit.

ii. The area used for the home occupation or home industry is not greater than 25 per cent or 100 square metres of the primary dwelling, whichever is less.

iii. There is not more than one home occupation or home industry on a lot.

50. The construction of an extension of a single dwelling, if, on completion of the extension, the height of the extension does not exceed 7.5 metres or the height of the existing structure, whichever is higher, the footprint occupied by the extension does not exceed 110 square metres and the dimensions of the extension are such that either,

i. the yard depth of the lot on which the extension occurred meets the following conditions:

A. the side yard depth is at least 4.5 metres,

B. the rear yard depth is at least 7.5 metres, and

C. the front yard depth is at least 15 metres, or

ii. if the yard depth of the lot on which the single dwelling is situated was less than the yard depth described in subparagraph i before the extension was begun, the yard depth of the lot, determined in relation to the extension alone, is not less than the depth of the existing dwelling.

51. A change to the height of a roof of a single dwelling, or of a building or structure that is accessory to a single dwelling, if,

i. in the case of a dwelling, building or structure that before the change had a roof line of 7.5 metres or less in height, the height of the roofline of the dwelling, building or structure after the change does not exceed 7.5 metres,

ii. in the case of a dwelling, building or structure that before the change had a roofline of more than 7.5 metres in height, the height of the roofline of the dwelling, building or structure after the change does not exceed the height of the highest part of the roof line as it was before the change, or

iii. in the case of a building or structure that is accessory to a single dwelling, the height of the building or structure does not exceed 5 metres.

52. Where there is no existing outdoor sports court on a lot, the construction of one outdoor sports court accessory to a single dwelling outside of an identified significant woodland or Life Science Area of Natural and Scientific Interest, if all of the following conditions are met:

i. The maximum surface area of the outdoor sports court does not exceed 650 square metres.

ii. The surface area of the sports court is set back at least 1 metre from the nearest lot line.

iii. Any lighting associated with the outdoor sports court must be installed with lights facing downward.

iv. If the outdoor sports court is located on a lot containing part of the Escarpment brow, as defined in the Niagara Escarpment Plan, in which the brow is formed by a rock cliff, the outdoor sports court is set back at least 10 metres from the location of the brow on the lot.

53. The construction of an outdoor pool accessory to a single dwelling, if all of the following conditions are met:

i. The total water area of all pools on the lot does not exceed 110 square metres.

ii. The water area is set back at least 1 metre from the nearest lot line.

iii. If the pool is on a lot containing part of the Escarpment brow, as defined in the Niagara Escarpment Plan, in which the brow is formed by a rock cliff, the water area of the pool is set back at least 10 metres from the location of the brow on the lot.

54. The construction of buildings or structures accessory to single dwellings, other than outdoor sports courts or pools, if all of the following conditions are met:

i. The total area covered by all accessory buildings or structures on the same lot, in addition to any outdoor sports court, pool or minor structure, does not exceed the lesser of 5 per cent of the lot area or 110 square metres.

ii. The building or structure is at least 10 metres from the front yard lot line and at least 1 metre from any side or rear lot line.

iii. If the accessory building or structure is located on a lot containing part of the Escarpment brow, as defined in the Niagara Escarpment Plan, in which the brow is formed by a rock cliff, the building or structure is set back at least 10 metres from the location of the brow on the lot.

iv. The building or structure does not exceed a height of 5 metres.

55. The construction of a deck that is a part of a single dwelling, if, on the completion of the construction, all the following conditions are met:

i. The total surface area covered by all such decks does not exceed 110 square metres.

ii. The deck is set back at least 1 metre from the side and rear lot lines and at least 10 metres from the front lot line or, if the existing dwelling is set back less than 10 metres from the front lot line, the deck is set back less than 10 metres from the front lot line, provided the deck is not closer to the front lot line than the existing dwelling.

iii. If the dwelling is located on a lot that contains part of the Escarpment brow, as defined in the Niagara Escarpment Plan, in which the brow is formed by a rock cliff, the deck is set back at least 10 metres from the location of the brow on the lot.

56. The maintenance, construction or decommissioning of a well or a cistern for the purpose of supplying potable water for a single dwelling or for buildings or structures accessory to a single dwelling.

57. Subject to paragraphs 58 to 64, general agricultural development.

58. The following classes of development for the purposes of general agricultural development:

i. The cultivation of soil, including the picking and removal of field rocks and stones but not including the stripping, removal or stockpiling of topsoil, earth, rock, sand, gravel or other aggregate material, the addition of fill or the construction of a berm.

ii. The construction of a well.

iii. The construction of a farm tile drain.

iv. The construction or operation of a water irrigation system that does not include the construction of a pond or the alteration of a stream or watercourse.

v. The maintenance of farm drains.

vi. The spreading of manure and similar farm waste and processed municipal bio-solids, in accordance with the Nutrient Management Act, 2002 and the Clean Water Act, 2006.

59. The construction of a building, structure or facility accessory to general agricultural development, other than a dwelling or pond, on a lot with an area of at least 10 hectares, if all of the following conditions are met on completion of the development:

i. The side yard depth of the lot on which the construction occurred is at least 15 metres.

ii. The rear yard depth of the lot on which the construction occurred is at least 15 metres.

iii. The building, structure or facility is at least 30 metres from the centre line of an abutting open public road.

iv. The building, structure or facility meets the setback requirements calculated under the minimum distance separation formulae, as defined in the Niagara Escarpment Plan.

v. The lot is not identified as an Agricultural Purposes Only Lot in the Niagara Escarpment Plan.

60. The construction of one building, structure or facility accessory to general agricultural development, other than a dwelling or pond, on a lot that is more than 2 hectares but less than 10 hectares and the building, structure or facility does not exceed 35 square metres, provided all of the following conditions are met on completion of the development:

i. The side yard depth of the lot on which the construction occurred is at least 15 metres.

ii. The rear yard depth of the lot on which the construction occurred is at least 15 metres.

iii. The building, structure or facility is at least 30 metres from the centre line of an abutting open public road.

iv. The building, structure or facility meets the setback requirements calculated under the minimum distance separation formulae, as defined in the Niagara Escarpment Plan.

v. The lot is not identified as an Agricultural Purposes Only Lot in the Niagara Escarpment Plan.

61. The conversion and use of agricultural buildings, structures and facilities from one type of livestock, animal husbandry or poultry farming to another, if the minimum distance separation formulae, as defined in the Niagara Escarpment Plan, are met and such conversion and use is in accordance with the Nutrient Management Act, 2002 and the Clean Water Act, 2006.

62. The construction of a wind machine used for frost protection, if the structure is set back 25 metres from any lot line and 125 metres from the nearest dwelling on another lot.

63. The construction of a dug farm pond accessory to general agricultural development, if all of the following conditions are met:

i. The pond is not located within a wetland, as defined by the Niagara Escarpment Plan.

ii. The pond does not need construction of a dam or berm and is not located on a stream or watercourse.

iii. The surface area of the pond is located at least 30 metres from the nearest lot line and from any septic system or well.

iv. The surface area of the pond is not greater than 150 square metres.

v. The area of the lot is at least 20 hectares.

vi. The dredged material is used for landscaping immediately around the pond site and rehabilitated with vegetation.

vii. The pond does not require the use of water from a well.

64. The construction of one structure to sell farm produce or products, accessory to general agricultural development, if all of the following conditions are met:

i. The total surface area covered by the structure does not exceed 28 square metres.

ii. The setback of the structure from the front lot line is at least 7.5 metres.

iii. The items for sale at the structure are limited to produce grown in the local area or products made from produce grown in the local area.

65. The production of aggregate from land that was licensed for a pit or quarry on June 10, 1975 under the Pits and Quarries Control Act, 1971 and that has been licensed for a pit or quarry continuously since that date under the Aggregate Resources Act or a predecessor of the Aggregate Resources Act, including the removal and stockpiling of overburden, the construction of berms and the blasting, excavation, crushing, washing, stockpiling and hauling of aggregate from the licensed site but not including,

i. dewatering, the taking of water or the discharge of water or sewage, unless the dewatering, taking or discharge was authorized under a permit or approval obtained under the Ontario Water Resources Act before Ontario Regulation 469/96 came into force,

ii. the construction of a building, structure or facility, other than a berm,

iii. any activity related to the production of aggregate that was excavated elsewhere, or

iv. any activity related to an asphalt or concrete batch plant or a brick or cement block manufacturing plant.

66. The recycling and reprocessing of materials originally produced from aggregate, as defined under the Niagara Escarpment Plan, within an area licensed for a pit or quarry, in the area identified for extraction on the site plans approved under the Aggregate Resources Act, if the following conditions are met:

i. The recycling and reprocessing use shall be incidental and subordinate to the mineral resource extraction operation licensed pursuant to the Aggregate Resources Act and shall not continue after extraction of on-site aggregate materials is complete.

ii. The appropriate amendments to the site plans under the Aggregate Resources Act have been obtained from the Ministry of Natural Resources and the site plan shows the recycling location as a separate specific delineated area.

iii. The recycling and reprocessing use shall be operated by the licensee or for the licensee in accordance with the licence and site plans under the Aggregate Resources Act.

iv. All waste materials not used in recycling and reprocessing, including steel and rebar, shall be removed from the site and not permanently stored or stockpiled.

v. Recyclable asphalt materials will not be stockpiled within 30 metres of any natural or artificial water body or pond or within 2 metres of the surface of the established water table.

vi. The recycling and reprocessing use is limited to crushing, washing, processing, stockpiling, blending and hauling the materials to and from the licensed site but does not include activities specified in subparagraph 65 iv.

vii. The recycled and reprocessed materials shall not be used in the site rehabilitation, berming or screening of the pit or quarry.

viii. Any required permits, approvals, certificates and similar authorizations for the recycling and reprocessing use have been obtained from the Ministry of the Environment, Conservation and Parks.

67. The demolition or removal of all or part of any building or structure, within an area licensed for a pit or quarry, so that extraction can occur within the area identified for extraction on the site plans approved under the Aggregate Resources Act, subject to any terms and conditions that apply to such buildings and structures on the licence or the site plan. O. Reg. 225/26, s. 2.

6. The creation of a new lot for the purpose of conserving land as part of the Bruce Trail Corridor, as defined in the Niagara Escarpment Plan, or as part of the Niagara Escarpment Parks and Open Space System, as identified in the Niagara Escarpment Plan, if not in conflict with a development permit issued under the Act and any applicable official plans, is exempt from the requirement of obtaining a development permit. O. Reg. 225/26, s. 2.

Schedule 1 Revoked:  O. Reg. 48/99, s. 4.

Form 1 Revoked:  O. Reg. 48/99, s. 5.