Renfrew County Official Plan and the Highly Sensitive Lake status of Lake Clear


County Plan provides environmental protection for Lake Clear
Renfrew County adopted a new Official Plan in 2002. The Plan was approved by Ministry of Municipal Affairs and Housing in 2003, with the following Minister’s modifications:
While development, including lot creation, was not permitted through consent or plan of subdivision under the County adopted Official Plan, the Minister's Modification, recognizing that development through an Official Plan Amendment (OPA) was permissible, established this Modification to provide environmental protection to the Lake. With the Minister's Modification, the bar has been set a bit higher, in that a detailed EIS is required to support the OPA.

It is worth noting that other Ministers Modifications to the County's Official Plan were necessary because the County had failed to include basic Policies from the Provincial Policy Statement, such as those related to Natural Hazards such as Floodplain Policies in Section 2 of the Official Plan (General Development Policies). It is surprising that the MNR did not catch such an over-sight during its review of the County's Official Plan.

Official Plans are to be reviewed and updated every five years. The LCPOA will have to be sure to participate in the next OP Review/Update.

County Plan tested in property severance request
The strength of the County Plan was tested in the summer of 2005 when Thomas Dampsy requested a property severance from the County.  Mr. Dampsy purchased 60 acres of Turner’s Island for $60,000 in 1980’s.  He wanted to build a cottage on the island but interim restrictions on such development on highly sensitive lakes precluded him from doing so.  In 1998, Dampsy challenged the restrictions in an Appeal to the OMB.  A few landowners around the lake who objected to Dampsy’s plans were parties to the OMB Hearings.

The landowners apparently saw plans of Dampsy’s at the time that suggested he had greater intentions than building a 1200 sq. ft. cottage and two 300 sq. ft. bunk houses on the island.  The OMB Hearing that lasted several days, resulted in Dampsy being able to build his cottage and bunkhouses, but restrictions and conditions were imposed out of concern for the lake’s highly
sensitive status.

One of the conditions was that the owner of Turner’s Island have access from a mainland lot. In other words, it was unacceptable for access to the island to be from a road allowance requiring the owner to park etc. within a right-of-way.
Another condition was that Dampsy could have only an 1800 sq. ft. building on his lot.  Dampsy indicated that, in 1998, he had a 20-year agreement whereby a landowner could provide him access to the island.

Section 9.4(1) includes an exception to Policies in 9.3, with respect to Turner’s Island. Clause 9.4(1)(b) states:
In 2005, Dampsy now wishes to establish his own mainland access point by challenging the policies of the County’s Official, rather than continuing to use his existing agreement that lasts for another 13 years, or by purchasing a lot of record.  The Township and County somehow interpreted the OMB Decision as requiring Dampsy to own his mainland access point, however, this is not stated in either the Decision or Policy 9.4(1) of the OP.


(Section 9 from the Renfrew County Official Plan, starting on page 67)

9.0 SENSITIVE LAKES

9.1 Introduction
Lake sensitivity refers to the sensitivity of a lake to changes in water quality resulting from nutrient inputs originating from land-based sources. The Ministry of Environment and the Ministry of Natural Resources use the amount of oxygen
required to support lake trout as a guideline to determine the sensitivity of a lake to further nutrient inputs.

Big Gibson, Burns, Charlotte, Kaminiskeg (North Basin), Lake Clear, McSourley, Muskrat, Murphy (Arabis), Raglan White, Valiant, Wabun, Wadsworth, Waterloo, and Wendigo Lakes have been identified by the Ministry of Environment and the
Ministry of Natural Resources as being highly sensitive to development.  Bark, Carson, Diamond, Green, Paugh, Round, and Trout Lakes have been identified by the Ministry of Environment and the Ministry of Natural Resources as being moderately sensitive to development.

Recreational fishing is an important component of economic development in the County of Renfrew. The policies of this Section are intended to protect the water quality conditions of sensitive lakes in Renfrew County, to ensure the sustainability of important fish habitat.

9.2 Objectives
(1) To delineate land located in the vicinity of lakes identified by the Ministry of the Environment and the Ministry of Natural Resources as highly sensitive or moderately sensitive to further nutrient inputs as Sensitive Lakes.

(2) To consider the impact on the above-noted lakes as a primary guideline in evaluating development proposals along their respective shorelines.

(3) To establish criteria for development of all lands abutting highly and moderately sensitive lakes.


9.3 Policies
The Sensitive Lake designation on the Land Use Schedule(s) of the Plan applies to lands located in the vicinity of Bark, Big Gibson, Burns, Carson, Charlotte, Diamond, Green, Kaminiskeg (North Basin), Lake Clear, McSourley, Muskrat, Murphy (Arabis), Paugh, Raglan White, Round, Trout, Valiant, Wabun, Wadsworth, Waterloo, and Wendigo Lakes.  The policies of the designation of the lands abutting the lakes shall apply in conjunction with the policies of this Section.

Big Gibson, Burns, Charlotte, Kaminiskeg (North Basin), Lake Clear, McSourley, Muskrat, Murphy (Arabis), Raglan White, Valiant, Wabun, Wadsworth, Waterloo, and Wendigo Lakes are highly sensitive lakes.  For the purpose of protecting the lake water quality conditions of these highly sensitive lakes, the following provisions shall apply to all lands abutting the lakes:

(a) No new lots with lakeshore frontage or second-tier development shall be created either by means of consent or through plan of subdivision.

(b) No new tent or trailer parks or tourist establishments or enlargements of an existing tent or trailer park or tourist establishment with lakeshore frontage shall be permitted.

(c) No further erection of multiple dwellings for rent or lease shall be permitted on an existing developed parcel of land with lakeshore frontage.

(d) Development on existing vacant registered lots with lakeshore frontage shall only be permitted under the following conditions:
(i) No more than one family dwelling unit shall be permitted on a single vacant lot.

(ii) All buildings and structures and associated private waste disposal systems shall have a minimum setback of 30 metres from the high water mark of the lake, or in the case of existing lots, where this setback cannot be met, the setback shall be as remote from the high water mark as the lot will permit to the satisfaction of the Local Council and the Renfrew County and District Health Unit or the applicable approval authority for the private waste disposal system.

(iii) All new permits issued by the Health Unit or applicable approval authority for private waste disposal systems which involve construction of tile beds will be conditional upon the use of a fill material known to have a good phosphorus retention capability.

*(Minister’s Modification No. 43)*
(iv) The property between the shoreline of the lake and the dwelling or private waste disposal system * will be retained where
possible* be retained in its natural state to serve as a buffer which will assist in minimizing the land-surface transport of  nutrients to the lake. The retention of the natural soil mantle and mature tree cover within 30 metres of the shoreline of the lake will be encouraged.

*(Minister’s Modification No. 44)*
(v) Dredging and/or filling activities involving the littoral zone shall be discouraged in order to avoid the resuspension of nutrients
from the lakes sediments and the destruction of fish habitat. Any such dredging or filling shall require the prior approval of the
Local Council and the Ministry of Natural Resources *and the Federal Department of Fisheries and Oceans.*

*(Minister’s Modification No. 45)*
*(e) In certain cases, lake trout lakes that are classified as highly sensitive may have unique and/or special circumstances such as the physical features of the surrounding lands that may allow some limited development to occur. In these cases, detailed Environmental Impact Studies (EIS) undertaken in accordance with the provisions of Section 2.2 (24) of this Plan, shall be required to demonstrate that the physical features and proposed alteration of the site, the siting and location of the buildings and infrastructure and the design of the development shall not result in a negative impact on the lake function, dynamics and ecology. The County and the Local municipality shall consult with The Ministry of Natural Resources and the Ministry of Environment prior to any planning approvals and prior to the preparation and any approval of the required EIS.*

(3) Bark, Carson, Diamond, Green, Paugh, Round, and Trout Lakes are moderately sensitive lakes. For the purpose of protecting the lake water quality condition of these moderately sensitive lakes, the following provisions shall apply to all lands abutting the lakes:

(a) All buildings and structures and associated private waste disposal systems shall have a minimum setback of 30 metres from the high water mark of the lake, or in the case of existing lots, where this setback cannot be met the setback shall be as remote from the high water mark as the lot will permit and such setback shall be to the satisfaction of the local municipality and the Renfrew County and District Health Unit (or applicable agency for private septic system approval) and, where appropriate, Ontario Power Generation or other producer of hydro-electric power.

(b) Not more than one single detached dwelling on an existing vacant lot or proposed lot shall be permitted.

(c) All new permits issued by the Health Unit or applicable approval agency for private waste disposal systems which involve construction of tile beds will be conditional upon the use of a fill material known to have a good phosphorus retention capability.

*(Minister’s Modification No. 46)*
(d) The property between the shoreline of the lake and the dwelling or private waste disposal system *will where possible* be retained in its natural state to serve as a buffer which will assist in minimizing the land-surface transport of nutrients to the lake. The retention of the natural soil mantel and mature tree cover within 30 metres of the shoreline of the lake will be encouraged.

*(Minister’s Modification No. 47)*
(e) Dredging and/or filling activities involving the littoral zone of the lake shall be discouraged in order to avoid the resuspension of nutrients from the bed of the lake. Any such dredging or filling shall require the prior approval of the Local Council and the Ministry of Natural Resources, *the Federal Department of Fisheries and Oceans* and, where appropriate, Ontario Power Generation or other producer of hydro-electric power.

*(Minister’s Modification No. 48)*
(f) Proposals for any new tent or trailer parks, tourist or commercial establishments and plans of subdivision shall be reviewed having regard to their impact on the lake. *Proposals shall be accompanied by an Environmental Impact Study (EIS) undertaken in accordance with the provisions of Section 2.2 (24) of this Plan and designed to assess the impact of the development proposal on the lake function, dynamics and ecology. The County and the Local municipality shall consult with the Ministry of Natural Resources, the Ministry of the Environment and the Local Health Unit or applicable sewage system approval authority prior to any planning approvals for the development and prior to the preparation and any approval of the required EIS.*

*(Minister’s Modification No. 49)*
(4) *The Ministry of the Environment and the Ministry of Natural Resources will assess the sensitivity of the lakes in Renfrew County. When the Ministries identify* changes in the sensitivity of lakes, the list of highly and moderately sensitive lakes shall change. These changes shall be shown on Schedule A to the Official Plan by way of an amendment to the Plan.

9.4 Special Policy Exceptions
Sensitive Lakes -- Exception One (geographic Township of Sebastopol – part of Turner Island, Lake Clear)

Notwithstanding any policy of this Plan to the contrary, for the lands identified as Part 1, Reference Plan 49R-12254, which is located on Island “D” (Turner Island), Lake Clear, a seasonal dwelling may be permitted subject to the following policies and any other policies of this Plan or a local Official Plan:

(a) The lot shall be zoned in the implementing Zoning By-law to permit a seasonal dwelling only;

(b) The lot shall be served by a water access point on the mainland. The water access point shall be located on lands fronting along the shoreline of the lake and be held in the same ownership as Island “D” (Turner Island) or otherwise secured for parking, boat launching and/or docking by a right-of-way or easement. Documentary evidence is to be filed each year with the Building Official. This is a condition precedent to the validity of the principle use. The water access point shall be served by a public road or private road and shall be recognized in a special zoning category in the implementing Zoning By-law.

Sensitive Lakes – Exception Two (Islands – Township of Bonnechere Valley

All islands in the Township of Bonnechere Valley are herein described as a site plan control area for the purposes of Section 41 of the Planning Act.  The municipality shall require a site plan and an agreement in accordance with the provisions of section 41 (4) and (7) of the Planning Act to ensure that:

(a) The septic system on a property be designed and constructed with fill material known to have good phosphorous retention capability. For this purpose, Local Council may require a soils analysis prepared by a qualified engineer to determine the soil’s phosphorous retention capability.

(b) The natural soil mantel and mature tree cover located within 30 metres of the shoreline of the lake be retained in its natural state and no building or structure may be located within the 30 metre area.

(c) The shoreline adjacent to know fish spawning habitats be identified on a site plan and provisions included in the agreement to notify the owner and any subsequent owners that approvals are required by the Local Municipality, Ministry of Natural Resources and/or the Federal Department of Fisheries and Oceans for any works that may be proposed for this area in the future.

(d) No dredging or filling activities will be permitted along the shoreline. 

The signed agreement shall be registered on title by the municipality at the owner’s expense prior to any development taking place.

(3) Sensitive Lakes – Exception Three (geographic Township of Sebastopol – Lake Clear)

(a) No mining related activity shall be permitted within 450 metres of the high water mark of Lake Clear.

(b) No new waste disposal site shall be located within 900 metres of the high water mark of Lake Clear.

(c) The Sensitive Lakes provisions of this Plan (including 9.3(2)) shall generally apply to all lands within 300 metres of the high water mark of Lake Clear as deemed appropriate by Local Council. The precise boundaries for development shall be delineated under the implementing Zoning By-law. In cases where a plan of subdivision or other extensive development is proposed in this vicinity which may have an impact on the water quality of Lake Clear, the Sensitive Lake development boundaries may be extended appropriately under the Zoning By-law.

Land use development shall be restricted to permanent and seasonal single-family dwellings, home occupations, small scale convenience stores, non-intensive farming and forest management uses.

Undeveloped lands within this area may be placed in a holding category, wherein the principle of development has been established, and the following provisions shall apply:
(i) development shall be encouraged on a comprehensive basis, where appropriate, to include plans and provisions for phasing and road access for future development, including adjacent land holdings;

(ii) the creation of new lots or the establishment of new roads, either under the consent process or by plan of subdivision, shall not be permitted;

(iii) a soils and hydrology report may be required for approval by Local Council, in consolation with the Ministry of the Environment and the Health Unit to determine site specific development requirements.

(iv) waterfront access for proposed and potential future development shall be made available, either as separate water frontage for each lot, or in the case of a plan of subdivision, as a common access which is zoned in separate classification; and

(v) a plan of subdivision shall be required to create new lots where Local Council determines that the information provided is not adequate to assess the environmental impact of development proceeds in a proper and orderly manner under the consent process.