Regulated Areas: Frequently Asked Questions
O. Reg. 41/24 applies to lands within the following areas, as outlined in the Conservation Authorities Act and further described in the Regulation:
- Hazardous lands,听
- Wetlands,听
- River or stream valleys,听
- Areas adjacent or close to an inland lake and that may be affected by flooding, erosion, or dynamic beach hazards, and听
- Other areas, including areas within 30 metres of a wetland.听
Maps of regulated areas within the Upper Thames River watershed are available from UTRCA staff, at the Watershed Conservation Centre, and on .听
A听permit is required from鈥痶he UTRCA for the鈥痜ollowing activities鈥痺ithin a regulated area:听
- constructing, reconstructing, erecting,鈥痮r placing a building or structure of any kind,听
- any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure, or increasing the number of dwelling units in the building or structure,听
- site grading,听
- temporarily or permanently placing,鈥痙umping,鈥痮r removing any material originating on the site or elsewhere,听
- straightening, changing, diverting,鈥痮r interfering in any way with the existing channel of a river, creek, stream,鈥痮r watercourse (all watercourses in the watershed),听
- changing or interfering with a wetland in any way.听
Hazardous land, as defined in O. Reg. 41/24, refer to land that could be unsafe for development because of naturally occurring processes associated with flooding, erosion, dynamic beaches, or unstable soil or bedrock.听听
Flooding occurs when a watercourse overflows its banks and spills onto adjacent low-lying land known as floodplains. These areas act as a natural extension of the watercourse during times of high flow to transport and store excess water. Development in a floodplain can alter the flow of鈥痺ater and cause or worsen flooding elsewhere, increasing the risk to life and property.听
The flood event standard for each conservation authority is set by the Ministry of Natural Resources (MNR) and outlined in the schedules of O. Reg. 41/24. It is used to define the flooding hazard for regulatory purposes and illustration on regulated area maps. The regulatory flood event standard for the UTRCA watershed is the historical observed 1937 flood on the Thames River. This flood is estimated to be equivalent to a 1:250-year flood, or a flood with a 0.4 percent chance of occurring in any given year.听
The UTRCA flooding hazard was reduced in 1989 when the UTRCA and member municipalities requested a flood event standard reduction from Hurricane Hazel to the 1937 Thames River Flood.听
In O. Reg. 41/24, river or stream valleys are described as areas having depressional features associated with a river or stream, whether or not they contain a watercourse. Rivers and stream valleys are continually being shaped by erosion and flooding, resulting in a loss of land which can endanger life and property. 听
A watercourse, as described in O. Reg. 41/24, refers to a defined channel, having a bed and banks or sides, in which a flow of water regularly or continuously occurs. Altering a watercourse can impact its ability to move water, resulting in flooding and erosion downstream.听
A wetland, as defined by O.Reg. 41/24, is land that:听
- is seasonally or permanently covered by shallow water or has a water table close to or at its surface,听
- directly contributes to the hydrological function of a watershed through connection with a surface watercourse,听
- has hydric soils (i.e., saturated soils), the formation of which has been caused by the presence of abundant water, and听
- has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water.听
Wetlands and the area surrounding them (30 metre buffer) are regulated due to their critical role in flood management as they store water鈥痑nd reduce downstream flows.鈥疻etlands may also pose a risk to development due to the presence of a鈥痟igh-water鈥痶able鈥痮r鈥痷nstable soils.听
UTRCA staff鈥�determine鈥痶he鈥痩ocation and boundaries鈥痮f individual hazards,鈥痵耻肠丑 as flooding or river and stream valleys, through extensive data collection, statistical analysis,鈥痬odelling,鈥痑nd鈥痸arious鈥痬apping techniques.鈥疶hroughout this process,鈥痵taff鈥痜ollow鈥痶echnical guidelines prepared by the Ministry of Natural Resources and Conservation Ontario.鈥疷sing a Geographic Information System (GIS), the map layers showing each hazard are overlaid鈥�and an allowance is added to鈥痯roduce鈥痶he regulated area. For more information, view the video.听
Yes. Refinements to the extent of the regulated area may occur鈥痺hen鈥痭ew information (e.g., land use changes, bridge or culvert upgrades, new aerial photography, etc.) or analysis becomes available. As a result, additional regulated areas may be identified or previously identified areas may be modified or removed. The text descriptions in O. Reg. 41/24 override the mapping if there is a conflict.听
If updates to the regulated area are significant, UTRCA will ensure that municipalities, interest-holders, and the public are notified of the proposed changes in accordance with requirements of the regulation.听
The UTRCA provides publicly accessible online and in-person at the Watershed Conservation Centre. UTRCA Regulations staff are also available to discuss property information by phone at 519-451-2800 or email at [email protected]. 听
If a property is regulated, individual homeowners, potential buyers, and professionals acting on behalf of a potential buyer (lawyer, real estate professional) may鈥痳equest a formal property inquiry from the UTRCA for a fee. The UTRCA will provide a written report鈥痺ith details regarding the regulated area on the property and site-specific mapping.
A property may be regulated for many reasons, and UTRCA staff can help you understand the basis for it. It is important for landowners to be aware of any natural hazards or features on or near their property and the associated risks. The regulated area may also have implications for construction or alterations鈥痮n鈥痽our property. It is best to contact the UTRCA before beginning any work so staff can determine鈥痠f a鈥痗onservation鈥痑uthority鈥痯ermit is鈥�required.
When a map is updated, the extent of the regulated area might change. will help you determine if your property is affected by the regulation. If your property is in a regulated area, you will need to contact the UTRCA before proceeding with any construction or alterations鈥痮n鈥痽our property. Staff鈥痺ill work with鈥痽ou鈥痶o understand鈥痽our proposed project and鈥�determine鈥痠f a鈥痗onservation鈥痑uthority鈥痯ermit is鈥痳equired.听听听
Pre-consultation with the UTRCA is an important early step in any project.鈥疌ontact鈥痶he UTRCA鈥痯rior to beginning any construction or alterations鈥痮n鈥痽our property to determine if a conservation authority permit is required.听
Before鈥痗ontacting the UTRCA, please have鈥痶he legal description of your property (e.g.,鈥痬unicipal address, lot and concession,鈥痯lan鈥痮r block number) and/or鈥痑 location map.鈥疶he UTRCA can also provide鈥痺ritten confirmation, and a detailed review of how your property is affected by鈥痶he鈥�颁辞苍蝉别谤惫补迟颈辞苍鈥疉耻迟丑辞谤颈迟颈别蝉鈥疉肠迟 and鈥疧ntario Regulation 41/24鈥�(fees may鈥痑pply).鈥疘f you have鈥痲uestions,鈥痗all UTRCA staff at 519-451-2800.听
Some homeowners have asked if the regulated area might affect property insurance or home values. The UTRCA is unable to offer advice on these issues and encourages landowners to contact their insurance provider, a qualified real estate professional, or the Municipal Property Assessment Corporation for guidance. Information can also be found at the .听听