Usable lots are no longer able to be developed and even irrigation ponds became part of a wetland. With Norfolk County changing it's bylaw's, the LPRCA felt that this would be the opportune time to remove owners rights after paying taxes for all these years.
Our research team has come up with a caveat that you can expose to be able to use your land once again.
This may be something that you never planned for but take hope, your land will not be worthless to you after this. Digging thru the somewhat organized civicweb site that Norfolk County posts it's Council meetings on, we've discovered a way around these pesky wetland / hazard land zoning requirements. What you need is an office! Yes folks that's right, an office smack dab in the middle of your hazard land.
On November 23, 2012 Staff Report PED 12-106 went before Council to amend the bylaw to permit an office on a property that was had a hazard / agricultural designation. The recipient, The Nature Conservancy of Canada went before Council on December 11th, 2012 (pretty speedy) and had their application approved. Some of the highlights were that the NCC was able to do their own 'scoped' Environmental Impact Study which was never included to Council for review. In the application it claims that because this will be an office , "The activities associated with office use arguably result in much less impact than human activity associated with a residence which typically includes evening activities, occasional large gatherings, noise and light pollution."
We think Staff and Council missed the key word there. Arguably. Somehow 9 full time employees use this property less than a family would? Do we have Norfolk's accounting department doing the math on that one? How did LPRCA react to this abomination of zoning? "No permit will be required by LPRCA for the proposed change in use."
So there you have it. You need to rezone your newly zoned hazard land into an office space!
We're going to go out on a limb here and just let you know that the only problem we see with this is that you are likely an ordinary Citizen. You unfortunately likely did not donate $360,000 to the LPRCA that same year or in early 2013. We have to doubt that your 'scoped' Environmental Impact Study is going to get past the powers that be.
Wonder how much one of those pesky EIS's cost? Well depending on who you are, you could always just do your own. It appears that this fellow in Walsingham, just up the road from NCC was able to do his own and had his agricultural land rezoned to permit a reception area and zip lines.
Application - Personal EIS
The Ministry of Natural Resources wasn't exactly impressed with the personal version of an EIS but that didn't seem to deter Staff from putting it to Council for approval. Even with Citizen's strongly opposing it, it was approved.
On this one, taking agricultural land from production was clearly against policy (Section 2.3), Section 2.3.1 of the PPS but that's never really stopped it either. NCC is buying farms faster than they can tear down the farmhouses and plant the weeds over once productive ground.
So what is a lowly tax paying Citizen to do about all of this? You could use the personal EIS as a template for one of your own or even ask Norfolk County to provide you a copy of the scoped EIS that NCC put forth. Count a few plants, bugs and such and you're good to go right?
Maybe it's just the negativity in us but we're going to hazard a guess that it won't work for you. You will be in the fight of your life to have that part of your land rezoned back to useful.
Ok, so now what?
Start here. MNR Wetland Evaluation System Handbook.
This is how it's supposed to be done and there are rules.
A wetland that has been evaluated using this system is known
as an “evaluated wetland” and will have a “wetland evaluation file”.
You need your file. Now getting information from LPRCA isn't the easiest of tasks but if you run into problems a mere $5 will get you something with a Freedom of Information request. This will basically get you a quote of what the end cost will be. Depending on how much they want to gouge you will determine the price. They have 30 days to respond. Failing that you then must file an Appeal.
In this evaluation, wetland values are grouped into four principal components. These are Biological, Social, Hydrological, and Special Features.
The total number of points that can be accumulated by each of the four major components is 250 points. An individual wetland can score a maximum of 1000 points.
All wetland evaluations must be reviewed and approved by the MNR before they are considered complete and ‘official’ (i.e. the wetland status may be used to make land use planning decisions).
A wetland evaluation is not considered to be complete and official until MNR has signed off on the file.
Identification and delineation of outer wetland boundaries is based, first and foremost, on the presence and relative abundance of wetland plant species.
Existing information such as documented species observations, mapping and aerial photography allow the evaluator to understand the general characteristics of the wetland. Site visits allow the evaluator to verify whether existing (general or specific) information is accurate, to record new field observations, and to adjust preliminary mapped boundaries.
In most cases, field verification is required, however, in some cases, certain portions of the wetland can
be inventoried using other methods such as aerial photography interpretations, road-side checks, etc.
Prior to conducting field work it is important to create a first estimate of vegetation community boundaries. This can be done digitally using GIS or in hard copy on GIS air photo printouts. Aerial photographs, high-resolution digital orthophotography and other imagery can be useful support tools for wetland evaluators. Digital images/maps can be printed in hard copy or uploaded to a portable digital device and revised in the field.
Conservation authorities also regulate areas around wetlands that may interfere with the hydrologic function of the adjacent wetland including in general areas within 120 metres of all PSWs and areas within 30 metres of all other wetlands. Many conservation authorities evaluate wetlands; MNR retains authority to identify PSWs.
If you are one of the unlucky Citizen's that have had your valuable land reduced to nothing, we may be able to help. We've been contacted by many Citizen's in Norfolk County that are having a similar problem and are interested in forming a group to combat this unjust issue. Feel free to send us and email and we will put you in touch with them.
If nothing else we at the Norfolk Voice could use some 'office' space. For conservation purposes of course.
Conserving Citizen's freedom!
No comments:
Post a Comment