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A buyer wants to build a detached two-car garage on a rural lot, about 25 metres from the edge of a wetland. Under O. Reg. 41/24 made under the Conservation Authorities Act, what applies to that location?

Correct Answer

C) It is within a regulated area, so development needs a conservation authority permit

Section 2(3) of O. Reg. 41/24 prohibits development activities in areas within 30 metres of a wetland, in addition to the wetland itself, and constructing a building is a development activity. A garage 25 metres from the wetland is therefore inside the regulated area and needs a permit from the conservation authority under s. 28.1 of the Act.

Answer Options
A
No restriction, since only land inside the wetland itself is regulated
B
The municipality alone decides, because conservation authorities regulate only shorelines
C
It is within a regulated area, so development needs a conservation authority permit
D
It is regulated only if the wetland is also designated provincially significant by Ontario

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Key Terms

conservation authoritywetlandregulated areaO. Reg. 41/2430 metres
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