|
Return to Issues
On April 14th, 2005,
in a call to Mr. Jim Cameron, from Thunder Bay District Ministry of Natural
Resources it was revealed that the term environmentally protected was not
embedded in any legislation and that the term was generated through the
consultants for the Official Plan - Hynde, Paul and Associates of St. Catharines
and the Municipality of Neebing. In a call to Greg Hynde on April 18th
2005, it was confirmed that the maps were made available from the Ministry
of Natural Resources and the sensitive areas were outlined through MNR
studies and information. In section 6.15.1 Schedules (mapping of each of
the areas in Neebing - Blake, Crooks, Scoble, Pardee, Pearson which comprise
a total of 88,800 hectares. -" Schedule B is hereby deleted and replaced
with the attached schedule B- CHANGES REQUESTED BY MNR". More private properties
were EP lands.
Following are the
key paragraphs to help understand the term, how it was used and how
to remove a designation from lands that are labelled Environmentally Protected.
These sections are from the proposed Official Plan for the Municipality
of Neebing 2004.
Maps were to be provided
by the consultant. These are the same maps with the MNR information. MNR
is the Ministry responsible for Public or Crown Lands. (See maps on the
web page)
With the number of
private and public lands that have been set aside for environmental protection,
there is a great percentage of Neebing land that appears to be unavailable
for development. The existing services will be paid by the few people
who own Neebing properties. If the landowners of EP property apply
for tax relief incentives that are available from the MNR, there
will be fewer taxes available to pay for needed services.
There
should be no EP's placed on private property. The plan needs to be amended
to remove section 4.6 in its entirety.
Bolded
green text is used to denote NCAC comments about the Official Plan.
Bolded
red text is used to highlight issues or concern.
MUNICIPALITY OF NEEBING
Working Draft Official Plan
For Public Review and Input
SECTION 3 - DEVELOPMENT
CONSTRAINTS
3.1 GENERAL
3.1 .1 Certain land use development constraints
have been identified on Schedules 'A through F' and should be read in conjunction
with the policies of this Plan. In certain circumstances new development
is to be protected from impacts of an identified development constraint
while in other circumstances the sensitive nature of an identified development
constraint is to be protected from potential adverse impacts from new development.
(Schedules have been altered on a number of occasions
without full public input as needed through the amendment process).
The amending process requires public input.
3.2 SENSITIVE AREAS
3. 2 Sensitive areas are natural areas
that may be impacted by development and have been identified for natural
and ecological functions and include such areas as wetlands' wildlife and
fish habitat areas, sites with rare and endangered plant, animal or fish
species and areas of natural and scientific interest and value for protection
for study and education. Sensitive areas are placed in the Environmental
Protection designation and new sensitive areas when identified, will also
be placed in the Environmental Protection designation, by an amendment
to this Plan. In addition sensitive areas will be placed in a separate
zone category in the Zoning By-law. (Amendments are required to have full public consultations with public notice and hearings.)
see Planning Act
3 .2.2 Significant portions of the habitat
of endangered and threatened species will be identified through consultation
with the Province (MNR). Development
and site alteration will not be permitted within these areas.
see Species at Risk
3 2.3 With the exception
of significant portions of habitat areas of endangered and threatened
species, development
may be permitted
in sensitive areas or adjacent to sensitive areas subject to an amendment
to the Official Plan and Zoning By-law and provided it is demonstrated
that there will be no negative impact on the natural or ecological function
of the natural feature in accordance with the criteria set out in Policy
4.6 5. Possible mitigative measures that may be required to protect against
negative impact are subject to the approval of
the Municipality. Development that results in harmful alteration,
disruptions or destruction of fish habitats shall not be permitted, unless
approval has been obtained from the Department of Fisheries and Oceans.
"Areas adjacent to sensitive areas (EP) shall include lands
within 120 metres of wetlands, and land within 30 metres of watercourses
and water bodies. For the habitat of endangered and threatened
species, adjacent lands shall be defined in consultation
with the Province, and shall generally include lands within 50 metres of
significant portions of the habitat of endangered and threatened species;
however, greater or lesser distances for adjacent land widths may be defined
based on site and species specific considerations." (Quoted
areas are enclosed in a letter from Mr. John Statlander from the Municipality
of Municipal Affairs and Housing. Not only EP areas but those adjacent
to them are affected by section 4.6 of the proposed plan.
3. 2 .4 New utilities/facilities and infrastructure
should be located outside of or beyond the limits of sensitive areas. (Not
only the EP lands but the buffer metres listed above).
4.6 ENVIRONMENTAL PROTECTION AREA
Permitted Uses (The
council amended this section on May 11th 2005 by the addition of "forestry
as a use. No public input was allowed). See
Decision
4.6.1 For lands designated Environmental
Protection the permitted uses shall be shoreline protection works flood
plain protection works. fisheries management. wildlife management
waterfowl production, conservation uses, mineral exploration and
passive recreational uses
4.6.4 Property owners are encouraged to
provide a coordinated approach to the management and use of !and and water
in areas designated Environmental Protection in consultation with the Province
(MNR)
4.6.5 Any applications to redesignate
Environmental Protection lands will be carefully
reviewed (this phrase has now been
deleted by MMAH) and shall not adversely impact on the natural
environment. The Municipality shall in conjunction with the Province (MNR).
require the (private land owners) proponent
of an application to submit a study prepared by a qualified
environmental specialist to address the following considerations:
(a) a description of the natural environment
and existing physical characteristics including a statement of environmental
quality:
b) a description of the proposed development
and potential effect on the natural environment.
(c) a description of the costs and benefits
in terms of economic, social and environmental terms of any engineering
works and/or resource management practices needed to mitigate the potential
effects: and
(d) an evaluation of alternatives including
other locations for the proposal
No development
will be permitted within significant portions of the habitat of threatened
and endangered species.
There is no public
obligation to either change the designation of or to purchase any lands
within the Environmental Protection designation, particularly if the environmental
concern would be difficult or costly to mitigate or overcome. (Can't be changed once implemented without costly studies paid by the private
land owner). (A landowner can complete the
studies and still no change to the EP may be permitted)
MNR has not provided their studies.
4.6. 6 Environmental Protection lands
may not be considered acceptable as part of a parkland dedication pursuant
to The Planning Act. This suggests that the EP lands
have little value or use by the Municipality.
4.6.7 Environmental protection lands shall
be placed in appropriate zone categories in the implementing Zoning By-law.
|
