GBA President’s Letter - August 2024 - final (1)
Bringing communities and stakeholders together to develop a vision for
protecting the Georgian Bay coast and natural environment into the future.
Georgian Bay is a unique, largely pristine waterbody and region featuring a UNESCO world biosphere reserve, a proposed UNESCO Geopark, the world’s largest freshwater archipelago, many significant national and provincial parks, nature reserves and conserved lands, and numerous First Nations.
Unfortunately, natural disasters and human activities such as climate change, unfettered development, and pollution are threatening the very existence of the Georgian Bay’s special wonders. We are in a period of rapid growth and development. The GTA is projected to increase by 50% by 2050; the District of Muskoka by 30% to 40%.
Growth in cottage communities is intensifying too. There is a clear need to propose a vision to protect the Bay and ensure responsible planning & development standards. We need a new regional plan that recognizes today’s new realities – which include a challenging environmental, social, political and development landscape.
It is vital for governments, communities, and stakeholders to come together to develop a comprehensive regional vision and plan to guide future development on and around Georgian Bay.
Step 1 is to retain a reputable, highly credible planning and environmental team to write a white paper as a basis for promoting the need for a vision and plan for the coast to governments and others.
The Objectives Are Clear.
We need to preserve and protect the Georgian Bay coastal region.
Expand conservation of natural and environmentally valuable areas.
Improve protection of those areas with stronger and more consistent policies.
Strengthen and reinforce planning standards in Official Plans and Zoning By-Laws.
Support and build on current key projects & priorities like: Canada’s commitments to protecting natural areas and habitats under the Global Biodiversity Framework, GBLT ecological corridors project, GB Biosphere natural asset management project and Indigenous conservation areas.
To Make This Happen.
We need to create a vision of preservation and protection based on recognized principles for conserving significant natural areas.
Share our vision with the Ontario and federal governments, municipalities, park authorities, GBA members, NGOs, Indigenous communities, and Georgian Bay residents.
Georgian Bay Association
The Georgian Bay Association was established in 1916 as an advocacy organization. It serves approximately 30,000 people on the eastern and northern coasts of Georgian Bay.
Our aim is to be our members’ trusted voice at the federal, provincial, municipal, and Indigenous government levels on issues that include: coastal, environmental and water protection; boating, safety & emergencies; aquaculture; fisheries; lands and forests; species at risk; indigenous relations; and other important Bay related matters.
INTRODUCTION
At the end of May, following an initial round of public consultations, the Township posted its revised proposed site alteration and tree preservation bylaws on its website: https://www.thearchipelago.on.ca/p/site-alteration-
Follow-up public consultation meetings have now been scheduled for 2-4pm on August 13 (an in-person meeting at Pointe-au-Baril Community Centre) and for 6-8pm on August 22 (Zoom meeting). You must register on the Township website to participate.
The bylaws prohibit site alteration (blasting, removing or importing fill, etc.) and the removal of any naturally-occurring vegetation (now only within 7.5 metres of the shore), with certain exceptions, unless the Township grants an exemption. In areas more than 7.5 metres from shore, the tree preservation bylaw now prohibits only “clear cutting”. As before, if a landowner wants an exception beyond the ones listed, there is a formal application process for exemptions, but now applications are made to a Township official, not directly to Council. Violators would be subject to fines, stop-work orders and/or remediation orders.
KEY OBSERVATIONS
The original draft site alteration bylaw raised few concerns in the original consultation round and has been streamlined further. This bylaw will not impact landowners except during construction and even then in relatively few circumstances. It should be easy and inexpensive for the Township to administer.
With the tree preservation bylaw, it is much more difficult to develop good regulations that achieve environmental protection, administrative efficiency, equitable enforcement and protection of landowner rights. Tree/vegetation removal happens in the ordinary course of property maintenance, not just during construction. It is much less permanent than site alteration. Specialized professionals are required to evaluate the health of a tree or other vegetation and the impact of removing it.
The revised tree preservation by-law prohibits the removal of naturally occurring vegetation, including trees of any size, from land within 7.5 metres/25 feet of the high-water mark unless there is an applicable exception or the owner receives an exemption. There are now minimal restrictions (other than against clear cutting) for trees and vegetation more than 7.5 metres away from the high-water mark.
Many reasons people would want to remove trees or other plants are covered under the listed exceptions, so that no application for an exemption is required. Some are not. For example, these are not listed exceptions:
to provide a view to the water (or to maintain a view by removing immature trees);
to remove brush or undergrowth other than along pathways (e.g. in front of a cottage);
to construct a permanent roadway (wider than 2 metres) from dock to door; or
to construct small structures within 25 feet of shore for which no permit is required (e.g. a shed).
In these cases, the owner would have to apply for an exemption.
The proposed bylaws are intended to preserve our unique visual environment, but do not make a distinction between densely wooded areas and rock barren landscapes (e.g. small outer islands) where removing any tree has a significant visual impact.
Our understanding is that the Township had anticipated hiring by-law officers to enforce the new by-laws. We do not know whether this is still the case, or how many would be required. Presumably, the revised site alteration bylaw could be managed and enforced with minimal effort. With the tree preservation bylaw, this could also be true, but it seems that this might require further changes to the bylaw so that there are very few exemption requests, violations or requests for clarifications. For perspective, the cost of adding two by-law enforcement officers might be about 2% of annual Township property tax revenues (about $9 million annually).
KEY ELEMENTS OF PROPOSED SITE ALTERATION BYLAW
This bylaw would prohibit “site alteration”, defined as “a change in elevation from existing grade or finished grade resulting from (i) the placing or dumping of fill; (ii) the removal of topsoil; (iii) placing, dumping, removal, or blasting of rock; or (iv) any other action that alters the grade of land including the altering in any way of a natural drainage course on a site”.
There are specific exemptions in Section 5 of the bylaw. These have been broadened slightly and include site alterations associated with the following:
minor landscaping (e.g. small gardens),
the construction of paths of up to 2 metres in width (no longer restricted to paths linking buildings to the water)
maintenance or replacement of existing landscaping features
construction or expansion of a building, dock or permitted shoreline structure
emergency repairs
driveways connected to a public road
temporary (construction) access roads, which are subject to a remediation requirement
septic systems
The Bylaws do not appear to prohibit the construction of retaining walls.
The Manager may grant exemptions where there is no adverse impact on drainage, “any natural heritage feature” or “the natural environment of the area”.
In the revised draft, a landowner may appeal any adverse decision by the Manager to Council within 30 days (or failure by the Manager to issue a decision within 45 days).
KEY ELEMENTS OF PROPOSED TREE PRESERVATION BYLAW
This draft bylaw would prohibit “clear-cutting” (previously, the destruction/injury of mature trees, with a trunk 6 inches/15cm or more in diameter) and, within 25 feet/ 7.5 metres of the high-water mark, the destruction of any native shoreline vegetation (including trees of any size) unless there is a Section 5 exemption, or unless the Township Manager (previously Council) grants relief.
Specific exemptions (Section 5) are similar to those in the site alteration bylaw and do not require an application or approval: minor landscaping, maintenance of existing landscaping or buildings, the construction of buildings, access roads from a public roadway, pathways up to 2 metres in width (previously only paths from door to dock), solar panels (a new exemption), plus additional exemptions for tree removal following severe damage resulting from natural disasters, weather events, insects, disease or wildlife; and actions “in accordance with good arboricultural practices” or “in accordance with good forestry practices”.
Applications for exemptions other than those specified would require a formal application, including an application fee and professional arborist report. Newly added language in the bylaw requires the applicant for an exemption to demonstrate that the proposed actions, among other things, “will not have a significant impact on fish or wildlife habitat” and “will not be in contravention of the Species at Risk Act, the Endangered Species Act of the Migratory Birds Convention Act”. Like the revision to the draft Site Alteration Bylaw, the revised Tree Preservation Bylaw would entitle the owner to appeal to Council within 30 days of an adverse ruling by the manager, or within 45 days of no ruling.
Summary above provided by SSCA President Glen Campbell
The SSCA FUN-d-RAISER on August 17, 2024 was a huge success! Many thanks to Laura Hay and her team of volunteers! All funds raised are going to the New Community Centre build. Please see the pictures below!
May 2024 SSCA Clips: Glen Campbell talks about the New Community Build https://youtu.be/CmxoAlUk0zU The Schoolhouse renovation is now complete so come take a look at the changes. See the New Community building outline completed with ropes on the actual site of the build. Imagine how great it will be to gather and enjoy our spectacular views of our special part of Georgian Bay from our New Community Centre!
See the Upcoming 2024 SSCA Events and the link to the calendar under the events tab and under the Home Page to see all the great things available to you as a Member of the SSCA!
The SSCA AGM is scheduled for Saturday, July 6/24 at 10:00 am at the School House (Zoom information to be finalized). A luncheon will be served following the meeting. We look forward to seeing you on the 6th!
The following letter requesting further consultation on the By-laws was submitted January 28, 2024. SSCA letter to ToA re bylaws 24-01-28
We have a new mailing address: SSCA PO BOX 15005 (RPO) Heath Yonge Toronto, ON M4T 1M1