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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!


Draft Bylaw 2021-021 Comprehensive Zoning Bylaw


Public input is being requested regarding the Municipality’s Draft Bylaw 2021-021 Comprehensive Zoning Bylaw.
 
A Comprehensive Zoning Bylaw is a tool of the Ontario Planning Act to regulate the use of land, buildings and structures.
 
The Draft Bylaw 2021-021 Comprehensive Zoning Bylaw will amend the existing Bylaw 2004-035 Comprehensive Zoning Bylaw.
 
The primary goal of Draft Bylaw 2021-021 Comprehensive Zoning Bylaw is to conform with the Official Plan. The Municipality of Hastings Highlands is a part of the County of Hastings. The County of Hastings updated their Official Plan for the County in August 2018. The Municipality is required by the Ontario Planning Act to amend the Comprehensive Zoning Bylaw to conform with the Official Plan. The Municipality of Hastings Highlands is also taking this opportunity to provide clarity to other provisions within the Comprehensive Zoning Bylaw.”
 
The first reading of the draft Comprehensive Zoning Bylaw will be held on March 31, 2021.
The second reading of the draft Comprehensive Zoning Bylaw will be held on June 2, 2021.
The third and final reading of the Comprehensive Zoning Bylaw will be held on July 21, 2021
.

March 31, 2021 Report to Council for the Draft Comprehensive Zoning Bylaw 
Draft Bylaw 2021-021 Comprehensive Zoning Bylaw
A copy of the Official Plan can be found here: https://hastingscounty.com/government/planning-development/county-official-plan/
 
We look forward to hearing from you!

Submit Your Input!

To submit your input, complete the required fields below and select ‘Submit’.

PUBLIC INPUT – Draft Bylaw 2021-021 Comprehensive Zoning Bylaw
Please indicate if you own, rent or live in Hastings Highlands *

Please Note: Individuals who submit input and feedback related to the ‘Comprehensive Zoning Bylaw’ 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.

Frequently Asked Questions (FAQ’s) -Draft Bylaw 2021-021 Comprehensive Zoning Bylaw.

The public can provide input in multiple ways, including through this webpage, email, phone, or writing letters. The public can also request to be included in the public input portion of the Council Meetings on June 2, 2021 and July 21, 2021. Individuals can register to present their questions, comments, or concerns at these Council Meetings by contacting Cathy Bujas, Building/Planning Clerk via email to cbujas@hastingshighlands.ca or (613) 338-2811 Ext. 222 by 4:00 p.m. on the Monday before the scheduled Meeting date.

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.
 
Note: Existing shipping containers on a property without building permits will be classed as a building without a permit and will not be grandfathered.

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 5.17.2 of Draft Bylaw 2021-021 Comprehensive Zoning Bylaw (former Section 5.9.2 of Bylaw 2004-035 Comprehensive Zoning Bylaw) is amended to “Notwithstanding anything in this Bylaw, no development or site alteration shall be located or occur” to align with Policy 2.2 of the Provincial Policy Statement and 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 align with Policy 2.2 of the Provincial Policy Statement and with Section 5.4 of the Official Plan.

A: The portions of Baptiste Lake and Kamaniskeg Lake area are amended as per Section 4.2.5 of the Official Plan. The 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.” The County of Hastings stated “Pursuant to Section 4.2.5.3 of the Official Plan lakes can be added or removed from at capacity in Schedule OP-B without an Official Plan Amendment, “provided they have been appropriately identified by the Ministry of Natural Resources and Forestry (MNRF) and the Ministry of the Environment, Conservation and Parks (MECP).” The Ministry of Environment, Conservation and Parks (MECP) and the County of Hastings no longer considers Papineau Lake “at-capacity,” therefore Papineau Lake will be removed from Section 5.17.6 of the Draft Comprehensive Zoning Bylaw (former Section 5.9.6 of Bylaw 2004-035 Comprehensive Zoning Bylaw). Additionally, “at capacity” and “lake trout” was added to provide clarity and to better align with Section 4.2.5 of the Official Plan.


Proposed Shoreline and Tree Preservation Bylaw


Proposed Shoreline and Tree Preservation Bylaw
Draft Bylaw 2021 006 Shoreline and Tree Preservation
Draft Schedule A Shoreline Bylaw Set Fines
Draft Shoreline A.M.P.S Fines

Additional Information
Shoreline Destruction within the Municipality of Hastings Highlands
Provincial Report – Blue Green Algae

We want to hear from you! The Municipality has proposed a ‘Draft Shoreline and Tree Preservation Bylaw‘, being a bylaw to conserve, prohibit, protect, restrict, and regulate the protection, preservation and removal of trees and vegetation and site alterations on shorelines and on shoreline properties – and Council wants your input. Deadline for submissions April 30, 2021.

The ‘Draft Shoreline and Tree Preservation Bylaw’ aligns with legislation from the Province of Ontario and the County of Hastings Official Plan. The Municipal Act, 2001 of the Province of Ontario authorizes the Municipality to regulate the shoreline and tree preservation. Section 2.2 of the Provincial Policy Statement, 2020 from the Province of Ontario requires the Municipality to protect, improve or restore the quality and quantity of its water. Section 5.4.5 of the County of Hastings Official Plan requires the Municipality to regulate shoreline activity and vegetative buffers with a 30 metre setback from the highwater mark.
 
A goal of the ‘Draft Shoreline and Tree Preservation Bylaw’ is to fulfill the legislation from the Province of Ontario and the County of Hastings to regulate shoreline activity and vegetative buffers.

Council will have the next reading of the Draft Shoreline Preservation Bylaw at the May 19, 2021 Council Meeting. The meeting will commence at 9:00 a.m. in the Council Chambers located at 33011 Hwy 62, Maynooth, ON and/or by remote teleconference.

Submit Your Input!

To submit your input, complete the required fields below and select ‘Submit’.

PUBLIC INPUT - Proposed Shoreline and Tree Preservation Bylaw
Please indicate if you are a resident of Hastings Highlands *


Please Note: Individuals who submit input and feedback related to the ‘Proposed Shoreline and Tree Preservation Bylaw’ 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.

Frequently Asked Questions (FAQ’s) – Proposed ‘Draft Shoreline and Tree Preservation Bylaw.’

What about if there are trees on the property that have been damaged by a man-made or natural disaster? What if there are trees that have been significantly damaged by insects or other animals or birds? What if there are severely injured trees that I am worried about falling on my cottage, boathouse, dock or other structure?

Under Section 4.0 “Exemptions” of the Shoreline Preservation Bylaw, it states one of the exemptions to this Bylaw is the following: 
i) The injury or destruction of severely damaged trees in the interest of public safety, health and general welfare following any man-made or natural disasters, storms, high winds, floods, fires, snowfalls, freezes, or as a result of insects, disease or wildlife;
 
Therefore, this Bylaw will not prevent the injury or destruction of severely damaged trees in the interest of public safety, health and general welfare. The Municipality will recommend that photographs should be taken of any trees that are severely damaged.

Section 3.9 of the Shoreline Preservation Bylaw states that this “Bylaw shall not apply with respect to the minimal pruning of any tree, shrub, ground cover or other forms of vegetation or the removal of any hazardous, dead or diseased tree and/or noxious vegetation.”
Previously, there may have been site alteration of the shoreline on my property.

Currently, Bylaw 2004-035 Comprehensive Zoning Bylaw requires maintaining a 15 metre vegetative buffer and prohibits development within 30 metres (98.4 feet) of a highwater mark of a waterbody or permanent watercourse.
 
The Shoreline Preservation Bylaw will apply fines to future occurrences.

Section 3.4 of the Shoreline Preservation Bylaw states “No person shall leave, throw or deposit any refuse, waste or litter on any public or private shoreline.”

The MNRF may issue a permit called ‘Notice of Activity Form’ to a property owner to conduct shoreline work for the maintenance, repair, or replacement of erosion control structures on shore lands as per Section 8(3)2 of O. Reg 239/13 of the Public Lands Act. “Shore lands” is defined by the MNRF as lands covered or seasonally inundated by the water of a lake, river, stream, or pond and may include private, municipal or Crown lands.
 
The ‘Notice of Activity Form’ is very specific for erosion control purposes only and does not apply to the vegetative buffer. The MNRF includes a clause on the ‘Notice of Activity Form’ which states:
‘Please note that other permits and/or authorizations from federal, provincial and/or municipal agencies may also apply to this activity, including other authorization from the Ministry of Natural Resources and Forestry such as the Endangered Species Act, 2007. In addition, maintaining, repairing, or replacing erosion control structures in accordance with all the requirements does not relieve you from liability for damage occurring to another person’s property from the activity, nor does it convey any right, title or interest in the land.’
When a property owner receives a ‘Notice of Activity Form’ from the MNRF, it is the property owner’s responsibility to also notify the Municipality.