The new Conservation Authorities Act that was approved by the province in mid-February is now in effect.
On February 16, a new regulation under the Act was approved, which will replace the existing individual "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses" regulation.
Conservation Authorities, including the Essex Region Conservation Authority, will continue to require applications for a permit to undertake otherwise prohibited development, interference and alteration activities in regulated areas.
These new regulations do take away some authority by allowing the Ministry of Natural Resources and Forestry to grant development permits without the review of the conservation authority.
While much of the regulatory process remains the same, key changes include the definition of a "watercourse". As well, the regulated area around wetlands will be consistent at 30 metres, including around provincially significant wetlands. There are also some permit exceptions for what the province has determined to be certain low-risk activities.
Speaking on AM800's The Shift, James Bryant, Director of Watershed Management Services for ERCA, says there are some changes within ERCA.
"What this does is it provides some new enforcement tools for our administration, it changes various things like some definitions that help us define how we regulate things, what areas are subject to regulation. There's some administrative processes, and new timelines, and appeal processes."
He says the biggest change to the public would be that certain developments no longer require a permit.
"If you want to reconstruct a certain size of building in an area that typically a permit would not be issued in accordance with the regulation, that building could be up, you may not require a permit, and you are putting yourself and your property at risk because the province has determined that some of these activities are of lesser risk, but in my opinion what we've done is we've really just increased our risk tolerance."
Bryant says the wetlands are important to the region to help mitigate the effect of floods.
"They're important to have, they're nice to have, they're nice to experience, they're nice to look at for a variety of reasons, but they also play a role. They have a function in hazard protection. These rule changes, if they remain in place, I'm sure that there will be a consequence to it. And this is in the name of building more houses faster."
Permit exceptions for low-risk activities include the construction, reconstruction or placement of a seasonal or floating dock less than 10 square meters that can be removed in the event of flooding, or a non-habitable accessory structure 15 square metres or less, not within a wetland or watercourse.
Those applying for a permit are still encouraged to confirm exceptions with ERCA prior to carrying out any work.
-with files from AM800's The Shift with Patty Handysides