GRCA plans to step up enforcement over land regulations

The Grand River Conservation Authority is stepping up efforts to enforce a GRCA regulation that was made under the Conservation Authorities Act.

Regulated lands include areas in and near rivers, streams, floodplains, wetlands, valley lands, slopes, the Lake Erie shoreline, and hazard lands. That is about 31 per cent of the land within the Grand River watershed. Any regulated activities including building or changing a structure and adding or removing fill in those areas, require a permit issued by the GRCA.

A professional resource planner is assigned each time a permit application is made.  GRCA staff inspections may take place before, during, or after the work is complete. That ensures that the requirements of the permit have been carried out.

An example of a regulated activity would be putting fill in or near a wetland. The fill has the potential to decrease the ability of the wetland to filter and clean water. Another example is building a house in a floodplain. The proposed building site may be some distance from a watercourse, but floods may cause water to rise, resulting in damage and an unsafe building.

Like all conservation authorities in Ontario, the GRCA is responsible to enforce its regulation. That GRCA regulation was brought up to date by the province in 2006, and permits issued by the GRCA have more than doubled since then. In 2005, 247 permits were issued compared to 628 permits in 2009. Numbers are expected to be more than 600 again this year. 

There has been a corresponding increase in compliance problems in recent years. Two enforcement staff have been hired and funds have been set aside to help cover the legal and consulting expenses that result from legal proceedings.

In cases where works are carried out without proper authorization from the GRCA, a regulations officer or resource planner will notify the property owner of the violation. Minor infractions may be resolved with the landowner, through discussions, removal, or restoration. Occasionally violation cases go to court.

“Environmental regulation is an important part of protecting people, land, and water. When people don’t comply with the regulation, we take action,” said Nancy Davy, manager of resource planning. The GRCA has a strong mandate from the board, which has dedicated money and expertise to enforcement and legal issues.

In the first half of 2010, the total number of complaint calls regarding potential violations was 73 and there are 19 ongoing investigations. Eleven investigations have already been resolved through negotiations through removal or restoration work, compared to only six last year.

 

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