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.
Why This Is the Correct Answer
The 25-metre location is within the 30-metre band around a wetland that O. Reg. 41/24 s. 2(3) regulates, so a permit is required.
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