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Have Your Say Hastings Highlands!

Welcome to Have Your Say Hastings Highlands, the Municipality’s online community engagement site. Share your ideas to help shape municipal decisions on projects, policies and initiatives that are important to you. We invite you to visit this site regularly to learn more about our current engagement activities and how you can participate. The projects below are currently open for your input. Take a few moments to join the conversations. Have your say, Hastings Highlands!


The Municipality will be amending Bylaw 2004-035 Comprehensive Zoning Bylaw in two separate Zoning Bylaw Amendments:

  1. Draft Bylaw 2022-004 being a Zoning Bylaw Amendment to include general provisions required to conform with the County of Hastings Official Plan; and
  2. Draft Bylaw 2022-005 being a Zoning Bylaw Amendment to include all provisions addressing a 30 metre natural vegetative buffer to conform with the County of Hastings Official Plan.

    The Municipality is presenting two Bylaws to amend the Comprehensive Zoning Bylaw to ensure Minor Variance Applications remain valid and provides opportunities for members of the public to see the amendments being proposed.

Timeline

First Readings are scheduled for December 1, 2021

Second Readings are scheduled for March 2, 2022

Third and Final Readings are scheduled for May 4, 2022


Important Amendments in Draft Bylaw 2022-004 (General Provisions)

Below is a list of proposed amendments in Bylaw 2021-004 to conform with the Official Plan that highlights some important amendments to Bylaw 2004-035 Comprehensive Zoning Bylaw:

  • Accessible Parking: Adding a definition and zoning provisions for accessible parking.
  • Additional dwelling units: Amending the number of dwelling units permitted in certain residential zones by increasing the number of dwelling units that may be permitted from two (2) to three (3).
  • Arts and crafts shop: Adding arts and crafts shop as a home occupation use.
  • “At-capacity” cold water lake trout lake: Amending the portions of Kamaniskeg Lake and Baptiste Lake that are classified as “at-capacity” and removing Papineau Lake as an “at-capacity” cold water lake trout lake.
  • Bed and breakfast establishment: Amending the number of guest rooms for a bed and breakfast establishment from four (4) guest rooms to three (3) guest rooms.
  • Cannabis: Adding and amending definitions related to cannabis and adding general zoning provisions to regulate cannabis production and processing facilities.
  • Environmental Protection (EP) and Environmental Protection Wetland (EPW): Amending the general and zoning provisions to restrict new buildings and developments in these two zones.
  • Group home: Amending the current definition of group home and permitting group homes in all residential zones on public roads.
  • Home industries: Home industries will be prohibited from properties on the waterfront.
  • Hunt camp: The minimum lot area for hunt camps will increase from 4 hectares (10 acres) to 20 hectares (50 acres).
  • Minimum lot area for waterfront zones: The minimum lot area in the Waterfront Residential (WR) Zone and for waterfront properties in the Limited Service Residential (LSR) will increase from 0.4 hectare (1 acre) to 0.8 hectare (2 acres).

Documents and Further Reading:

Here is a copy of Draft Bylaw 2022-004 presented at the December 1st Council Meeting:

2022-004 Zoning Bylaw Amendment to conform with the Official Plan

Here is a copy of the Report presented to Council for the Draft Comprehensive Zoning Bylaw:

Report for Draft Bylaw 2022-004 (General Provisions) presented at the December 1st Council Meeting

Here is a copy of a Draft Consolidated version of the Comprehensive Zoning Bylaw that shows the proposed amendments in the Comprehensive Zoning Bylaw:

Draft Consolidated Bylaw 2004-035 Comprehensive Zoning Bylaw (with Bylaws 2022-004 and 2022-005)

A copy of the Official Plan can be found here: https://hastingscounty.com/government/planning-development/county-official-plan/


Important Amendments in Draft Bylaw 2022-005 (Vegetative Buffer)

Listed below are select important amendments in Bylaw 2022-005 that will amend the Comprehensive Zoning Bylaw:

  • 30 metre natural vegetative buffer: Development is currently not permitted within 30 metres of the high water mark. The proposed Zoning Bylaw Amendment will increase the current natural vegetative buffer of 15 metre (49.2 feet) to 30 metres (98.4 feet).
  • Intermittent Creek: Currently, development may be permitted within 30 metres of an intermittent creek. The proposed Zoning Bylaw Amendment will restrict development and site alteration within 30 metres (98.4 feet) of an intermittent creek.
  • Septic: The proposed Zoning Bylaw Amendment will require a septic system to be no closer than 30 metres (98.4 feet) to a waterbody or watercourse. Currently, a septic system can be as close as 15 metres (49.2 feet) to a waterbody or watercourse.
  • Steep and/or stable slope: A new provision is being proposed to restrict development and site alteration within 30 metres of a steep and/or unstable slope.
  • Shoreline Activity and Waterfront Use: The proposed Zoning Bylaw Amendment will permit exceptions for a certain amount of residential development and shoreline structures, including dock, boathouse and boat launch, within 30 metres (98.4 feet) of the high water mark. The proposed exceptions are not currently included in Bylaw 2004-035 Comprehensive Zoning Bylaw.

Documents and Further Reading:

Here is a copy of Draft Bylaw 2022-005 presented at the December 1st Council Meeting:

2022-005 Zoning Bylaw Amendment to conform natural vegetative buffer with the Official Plan

Here is a copy of the Report presented to Council for the Draft Comprehensive Zoning Bylaw:

Report_Bylaw 2022-005 to Amend 2004-035 Comprehensive Zoning Bylaw to Conform with the Natural Vegetation

A copy of the Official Plan can be found here: https://hastingscounty.com/government/planning-development/county-official-plan/

There are other resources that will help explain the benefits of having a natural shoreline, including:

Natural Shoreline | Love Your Lake

Benefits of a Natural Shoreline | Rideau Valley Conservation Authority

Resources – Natural Edge | Watersheds Canada

Shoreline Owner’s Guide | FOCA

Below are other resources that will help restore or maintain a natural vegetative buffer to have a natural shoreline:

How to Naturalize your Shoreline | Rideau Valley Conservation Authority

How it works – Natural Edge | Watersheds Canada

Planting Native | Bancroft Area Stewardship Council

Shoreline Owner’s Guide | FOCA


Submit Your Input!

Draft Bylaw 2022-004 to Conform with General Policies in Official Plan

To submit your input, complete the required fields below and select “Submit”.

Have Your Say Hastings Highlands

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Please Note: Individuals who submit input, feedback or comments to the Municipality should be aware that information contained within their communications may become part of the public record and may be made available through the Council agenda process which includes publication on the municipality’s meetings portal. The Municipality of Hastings Highlands is subject to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). All comments and communications directed to the Municipality are subject to MFIPPA and may be deemed releasable under this legislation.


Frequently Asked Questions (FAQs)

Q: How can the public provide input to the Draft Bylaw 2022-004?


Public Input can be submitted as of the December 1, 2021 Regular Meeting of Council until Third Reading and can be submitted in any of the following ways:
Provide Public Input at the Public Meetings at the Regular Meeting of Council for the three Readings. Register to speak by contacting Cathy Bujas, Building/Planning Clerk by email to [email protected] or (613) 338-2811 Ext. 222 by 4:00 p.m. on the Monday before the scheduled Meeting.
Provide Public Input at a virtual Open House Session in March or April 2022. Watch for dates and times to be published on the Municipality’s website, Facebook page, and local newspapers.
Submit your input through Have Your Say Hastings Highlands webpage at www.hastingshighlands.ca
By calling or emailing the Municipality.

Q: Do I need to provide comments or public input if I provided them before?

A: In order for a person or public body to appeal one or both of the Zoning Bylaw Amendments to the Ontario Land Tribunal, the person or public body must make an oral submission at a public meeting or provide a written submission for these two Zoning Bylaw Amendments.
People who provided written or oral submissions regarding the now-revoked Bylaw 2021-021 Comprehensive Zoning Bylaw will need to provide a written or oral submission for these two Zoning Bylaw Amendments. Otherwise, the person or public body will have no right to appeal to the Ontario Land Tribunal.

Q: Will there be grandfathering on any of this?

Yes, for legal non-conforming and/or legal non-complying uses, building or structures. This “grandfathering” is permitted under Section 34(9) of the Planning Act, Section 5.8 “Non-Conforming Uses” of Draft Bylaw 2021-021 Comprehensive Zoning Bylaw, and 5.9 “Non-Compliance of Existing Uses” of Draft Bylaw 2021-021 Comprehensive Zoning Bylaw.
If a prior use, building or structure is legal non-conforming and/or legal non-complying, then that use, building or structure will continue as a legal non-conforming and/or legal non-complying as long as that use, building, or structure continues as it is. An example may be a building built in 1950 and located within the 30 metre setback from the highwater mark of a waterbody.
A non-conforming or non-complying use, building or structure that is not legal is one that was created in contravention of Bylaw 2004-035 Comprehensive Zoning Bylaw. An example may be a building built in 2019 within the 30 metre setback from the highwater mark of a waterbody but no planning approval (such as a minor variance) was received from the Municipality for the building.

Q: Will the Municipality amend the zoning of my property?

A: The goal of Bylaw 2022-004 is to make administrative amendments to Bylaw 2004-035 Comprehensive Zoning Bylaw to conform with the Official Plan. If property owners wish to amend the zoning on their specific property, they will need to apply for a Zoning Bylaw Amendment with the Municipality.

Q: Why is Papineau Lake “crossed-off” and the portions of Baptiste Lake and Kamaniskeg Lake amended under Section 5.9.6 for “at-capacity” lakes?

A: The proposed amendment to Section 5.9.6 will amend the portions of Baptiste Lake and Kamaniskeg Lake to conform with Section 4.2.5 of the Official Plan. Currently in the Comprehensive Zoning Bylaw, Baptiste Lake (west basin) and Kamaniskeg Lake (south of Ski Island) are classifed as at-capacity cold water lake trout lakes. The proposed amendment to Section 5.9.6 of the Comprehensive Zoning Bylaw will amend these two at-capacity cold water lake trout lakes to be Baptiste Lake (west basin – west of Lot 16) and Kamaniskeg Lake (north of Ski Island).
The proposed amendment to Section 5.9.6 will remove Papineau Lake as an at-capacity cold water lake trout lake. The Ontario Ministry of Environment, Conservation and Parks (MECP) conducted a review of Papineau Lake to determine whether this lake trout lake is “at-capacity.” The Ministry of Environment, Conservation and Parks provided confirmation to the County of Hastings “that Papineau Lake is to be identified as a lake trout lake but not yet at capacity for responsible development.”
Staff of the County of Hastings stated “Pursuant to Section 4.2.5.3 of the Official Plan, lakes can be added or removed from an at capacity in Schedule OP-B without an Official Plan Amendment, ‘provided they have been appropriately identified by the MNRF, MOEE.'” The Ministry of Environment, Conservation and Parks (MECP) (formerly referred to as MOEE) and the County of Hastings no longer consider Papineau Lake to be “at-capacity”, therefore Papineau Lake is to be removed from Section 5.9.6 of the Comprehensive Zoning Bylaw to conform with Section 4.2.5.3 of the Official Plan.


Q: What amendments from the existing to the proposed bylaws will be relevant to  waterfront residential property owners?

A: There are several amendments that will be relevant for waterfront residential property owners in both Bylaw 2022-004 and Bylaw 2022-005.
Currently, Section 5.9 of the Bylaw 2004-035 Comprehensive Zoning Bylaw restricts development within 30 metres of the highwater mark of a waterbody and permanent watercourse.
Based upon Policy 2.2 of the Provincial Policy Statement and Section 5.4 of the Official Plan of the County of Hastings, Section 5.9.2 of the Draft Bylaw 2022-005 states that no development or site alteration will be permitted within 30 metres of the highwater mark of any waterbody or watercourse.
Additionally, the vegetative buffer in the Limited Service Residential (LSR), Limited Service Residential Island (LSRI), and Waterfront Residential (WR) is being amended from 15 metres to 30 metres to better align with Policy 2.2 of the Provincial Policy Statement and Section 5.4 of the County of Hastings Official Plan.
The Draft Bylaw 2022-004 is proposing to prohibit home industries on waterfront lots to conform with Section 7.3.8.3 of the Official Plan of the County of Hastings.
Section 4.4.2.2 of the County of Hastings Official Plan requires a 30 metre setback from the toe and top of a shoreline or non-shoreline cliff, bluff or bank (steep and unstable slopes). This provision does not currently exist in the current Bylaw 2004-035 Comprehensive Zoning Bylaw.
Section 4.2.3.12 of the County of Hastings Official Plan requires a minimum lot area of 0.8 hectares (2 acres) for newly created property lots that are zoned Limited Service Residential (LSR), Limited Service Residential Island (LSRI), and Waterfront Residential (WR). Currently, the minimum lot area is 0.4 hectares (1 acre) for the Limited Service Residential (LSR), Limited Service Residential Island (LSRI), and Waterfront Residential (WR) Zones. The Draft Bylaw 2022-004 will be increasing the minimum lot area for these three Zones from 0.4 hectares (1 acre) to 0.8 hectares (2 acres) to conform with Section 4.2.3.12 of the Official Plan.
The Ministry of Environment, Conservation and Parks (MECP) has confirmed that Papineau Lake is not at-capacity.
For further information or a more comprehensive overall of amendments being made, please refer to the Report on this webpage.

Q: Who cares about natural vegetative buffers? Why are they important? Why do I need to protect shorelines?

A: Natural vegetation along the shoreline of our waterbodies such as, lakes, ponds, rivers, and streams play a crucial role in protecting water quality, preventing toxic blue-green algae blooms, preventing soil erosion, and preserving the ecological balance of aquatic environments. However, much of the natural vegetation around lakes, ponds, rivers, and streams have been cleared or hardened with stone or rock or replaced with non-native species, resulting in the loss of wildlife habitat and reduced water quality. Several rivers and lakes in neighbouring communities are reporting outbreaks of toxic blue-green algae blooms (Tudor and Cashel and in the County of Haliburton). Ninety per cent of all lake life is born, raised, and fed in the area where land and water meet. The shallow water and the first 10 to 15 metres of shore landforms a ribbon of life around lakes, ponds, rivers, and streams that is essential to the survival of many species. This rich and complex habitat supports plants, micro-organisms, insects, amphibians, birds, mammals, and fish.

Natural shoreline vegetation plays an important role in preventing soil erosion. Plant roots anchor the soil, preventing the shore land from being washed away by currents, waves, and rain. The roots of mature trees reach down to the upper levels of the water table. Dogwood and meadowsweet roots form a web that extends a half-metre downward, these native species are far more effective in protecting properties from erosion than the roots of grasses, which only reach eight centimetres below the surface.
By preventing erosion and runoff, natural shoreline vegetation also improves water quality. When soil and excess nutrients are washed into the water, fish spawning beds can be destroyed, dissolved oxygen is depleted, and the growth of algae and aquatic plants is encouraged. Shoreline vegetation also improves water quality by shading and cooling shallow water. All these changes in water quality can lead to rapid eutrophication (the aging of a lake). Eutrophication of a lake ultimately changes the kinds and numbers of species that can live there.

Natural Shoreline Vegetation
• provides shelter and food for wildlife
• supports spawning beds for fish
• enhances water quality
• traps runoff and excess nutrients
• shades and cools water
• discourages growth of algae and aquatic plants

No Shoreline Vegetation
• does not provide shelter and food for wildlife
• degrades spawning beds for fish
• decreases water quality
• increases runoff and excess nutrients
• warms water
• encourages growth of algae and aquatic plants

Q: Why is there a 30-metre setback for development and site alteration from the highwater mark of a waterbody or watercourse? Why is the vegetative buffer being increased from 15-metres to 30-metres in certain zones?

Policies under the Provincial Policy Statement and the County of Hastings Official Plan support prohibiting development and site alteration within 30 metres from the highwater mark of a water body and watercourse. Policies under the Provincial Policy Statement and the County of Hastings Official Plan support a 30-metre vegetative buffer on lots with water frontage.
Policy 2.2.1 f) of the Provincial Policy Statement states “Planning authorities shall protect, improve or restore the quality and quantity of water by… implementing necessary restrictions on development and site alteration to… protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive ground water features, and their hydrologic functions.” Policy 2.2.2 of the Provincial Policy Statement states “Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features, sensitive ground water features, and their hydrologic functions.”
Section 5.4.5.3 d) of the County of Hastings Official Plan states “Natural shorelines and vegetative buffers will be retained, maintained and/or restored.” Section 5.4.5.3 e) of the County of Hastings Official Plan states “Native species should be used for buffers and where vegetation is being restored.” Section 5.4.5.5 of the Official Plan states “residential dwellings, other main buildings, structures, fences, earth berms and uses shall be set back as far from a shoreline or locally significant wetland as is practical, taking into consideration the size, shape and topography of the lot in question. Wherever feasible, the setback should be a minimum of 30 metres from the seasonal high water mark.” Section 5.4.5.7 of the Official Plan states “In Waterfront areas, residential dwellings shall be set back as far from the shoreline as is practical, taking into consideration the size, shape and topography of the lot in question. Wherever feasible, the setback should be at least 30 metres from the high water mark and should remain undisturbed and naturally vegetated.” Section 5.4.5.8 of the Official Plan states “In Waterfront areas and adjacent to watercourses, a natural vegetative buffer strip a minimum of 30 metres in width should be maintained wherever possible from the seasonal high water mark to filter pollutants from run-off.”
Section 5.9.2 of Draft Bylaw 2022-004 is amending the Comprehensive Zoning Bylaw to prevent development and site alteration within 30 metres of the high water mark of a waterbody (such as a lake) and a watercourse (such as a creek) to be consistent with Policy 2.2 of the Provincial Policy Statement and to conform with Sections 5.4 of the Official Plan.
The minimum width of the natural vegetative buffer in the zoning regulations for the Limited Service Residential (LSR), the Limited Service Residential Island (LSRI), and the Waterfront Residential (WR) has been increased from 15 metres to 30 metres to be consistent with Policy 2.2 of the Provincial Policy Statement and to conform with Section 5.4 of the Official Plan.

Q: What amendments from the existing to the proposed bylaws will be relevant to  waterfront residential property owners?

A: There are several amendments that will be relevant for waterfront residential property owners in both Bylaw 2022-004 and Bylaw 2022-005.
 
Currently, Section 5.9 of the Bylaw 2004-035 Comprehensive Zoning Bylaw restricts development within 30 metres of the highwater mark of a waterbody and permanent watercourse.
 
Based upon Policy 2.2 of the Provincial Policy Statement and Section 5.4 of the Official Plan of the County of Hastings, Section 5.9.2 of the Draft Bylaw 2022-005 states that no development or site alteration will be permitted within 30 metres of the highwater mark of any waterbody or watercourse.
 
Additionally, the vegetative buffer in the Limited Service Residential (LSR), Limited Service Residential Island (LSRI), and Waterfront Residential (WR) is being amended from 15 metres to 30 metres to better align with Policy 2.2 of the Provincial Policy Statement and Section 5.4 of the County of Hastings Official Plan.
 
The Draft Bylaw 2022-004 is proposing to prohibit home industries on waterfront lots to conform with Section 7.3.8.3 of the Official Plan of the County of Hastings.
 
Section 4.4.2.2 of the County of Hastings Official Plan requires a 30 metre setback from the toe and top of a shoreline or non-shoreline cliff, bluff or bank (steep and unstable slopes).  This provision does not currently exist in the current Bylaw 2004-035 Comprehensive Zoning Bylaw.
 
Section 4.2.3.12 of the County of Hastings Official Plan requires a minimum lot area of 0.8 hectares (2 acres) for newly created property lots that are zoned Limited Service Residential (LSR), Limited Service Residential Island (LSRI), and Waterfront Residential (WR). Currently, the minimum lot area is 0.4 hectares (1 acre) for the Limited Service Residential (LSR), Limited Service Residential Island (LSRI), and Waterfront Residential (WR) Zones. The Draft Bylaw 2022-004 will be increasing the minimum lot area for these three Zones from 0.4 hectares (1 acre) to 0.8 hectares (2 acres) to conform with Section 4.2.3.12 of the Official Plan.
 
The Ministry of Environment, Conservation and Parks (MECP) has confirmed that Papineau Lake is not at-capacity.
 
For further information or a more comprehensive overall of amendments being made, please refer to the Report on this webpage.
 

Q: How will these changes impact property values for waterfront policies?

Concerns have been raised about the impacts of a 30-metre natural vegetative buffer on property values. Natural shorelines protect water quality and provide erosion control which can help protect property values from decreasing. Without a natural shoreline, property values may decrease as a result of a loss of land, wind or water damage, and poor water quality. Additionally, as views to waterbodies or watercourses improve with natural shoreline, the property values also improve.