Issues with Environmentally Protected areas

“Are you looking for waterfront? Are you looking for a place to build your dream house? Then look no further than this nature lover’s paradise.” This could be the listing description for any number of vacant lots in the County – just like the aerial photo of the hypothetical listing shown above.

Property aerial view

However, to avoid a nasty surprise later, you or your buyer agent should do a thorough review of the Official Plan and zoning before making an offer.

Waterfront, wetlands and creeks (watercourses) present some special issues.

To illustrate: the aerial photo shows a lot with 150 feet of frontage on the road and plenty of depth. It looks like there should be a lot of flexibility in terms of where to build on the property.

Vacant land zoning

A review of zoning for the property (above) on the Municipality’s Geographic Information System shows that much of the lot is zoned RU2, Rural 2, which allows a home to be built, as long as it’s setback 50 feet from the road and 15 feet from the side of the lot.

However, the part zoned EP-W is the fly in the ointment. Conservation authority rules prohibit development within 30 meters (98 feet) of the edge of an area zoned Environmentally Protected – Wetland.

Vacant land building site

When the setbacks from the EP-W zone and RU2 zoning are considered, the only place to build is in the area outlined in red.

Now comes the truly nasty surprise: a house with well and septic system cannot be built in the white area because it is too small, about one-third the size of a typical bungalow (even without considering the septic field.)

This has been a hypothetical situation, but if you think I’m being alarmist, you should know that twice in the last month I have reviewed similar lots for buyers, only to find that they were “un-buildable”.

The moral: before you make an offer on vacant land, much sure you know the zoning, the allowable uses, and the setbacks required from lot lines and environmentally protected areas.

8 Comments

  1. A 13 acre parcel of land is for sale near Huff’s Corners and designated EP-W, how do I find out if all of it is EP-W or just a portion of it?

    • Zoning for any parcel in the County can be determined using the County’s Geographic Information System (GIS). You can find the GIS here. There is also an instructional video on how to use the GIS on the Useful Tools page on this site.

  2. Can a trailer or moveable pre fab cabin be placed on an EP-W designated piece of land if there is no septic system?

    • The short answer is “no”.
      EP-W stands for Environmentally Protected – Provincially Significant Wetland. EP-W has even more stringent protections than EP (Environmentally Protected). No residential uses are permitted on EP-W and all construction has to be set back 30 meters from the edge of the area zoned EP-W. The sole exception in terms of building is that a boathouse or a dock is allowed with the approval of Quinte Conservation.
      From time to time, vacant land that is EP-W is listed on MLS. It may look like a great deal, but often the only legal use would be as a woodlot for firewood.
      Leaving aside the environmental protection issue, in the current interpretation of the planning department, an RV trailer cannot be used as a seasonal cottage, even if it’s only for weekends. (In practice, many trailers are used that way, but would have to cease if there were a complaint to by-law enforcement.)

  3. I’m curious: What are these lands (EP-W) good for, then?
    It seems that they do occasionally transact, but what are the buyers hoping to do with them?
    Do they expect to one day be able to build, far, far, in the future?

    • Thank you for your feedback.

      Of larger rural properties in the County, I would guess that two-thirds have some portion which is Environmentally Protected (EP).

      A number of different conditions are zoned EP with an associated setback within which development is prohibited. These include

      Wetlands
      Waterfronts
      Watercourses (rivers, creeks, seasonal streams)
      Escarpments

      There is also another zoning designation called EP-W or Environmentally Protected – Wetland. This zone applies to wetlands which have been designated by the province as environmentally significant.

      There are some parcels -not a lot- which are completely designated as EP or EP-W.

      Why would someone ever buy one of these properties where they can’t build? Many properties which are entirely environmentally protected are swamps which have a heavy tree cover – often swamp maple. People buy these properties to serve as a woodlot where they can harvest firewood during winter when the ice in the swamp lets them drive equipment in. Others buy them so they have a place to hunt or to protect nature and doing something for the environment.

      Obviously, such undevelopable properties sell for a low price!

  4. Very informative and interesting. I am considering a purchase of EP – W land.
    Now I need to figure out if and where I can build a home?

    • Thank you for your comment. Care should be exercised if you are purchasing property which contains an area designated EP-W. No development is permitted on the portion designated EP-W nor within 30 meter of the border. The borders of wetlands shown on the County’s Geographic Information System are approximate. In order to avoid a bad surprise -buying a property and then discovering you can’t build where intended- Quinte Conservation, Planning & Regulations Department should be contacted to survey and mark the boundaries of the EP zone and identify where you can build (for a fee, of course). It would also be wise to have a look at the treatment of EP zones included in the new draft of the Official Plan.

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