HCA Regulation & Permits
Hamilton Conservation Authority’s Administration Office is closed to the public due to the COVID-19 pandemic. As such, we will not be accepting walk-in inquiries, meetings or hosting or attending external meetings. Our staff will be available to assist you by email and phone. Staff will also be available to assist with electronic planning and permit submissions. Please see what you can expect from our Watershed Planning & Engineering team below.
- Staff is available via email or phone. Please email us with any questions, see contact information below. General inquiries can be sent to email@example.com
- All submissions can be made digitally, as well as payments. Please consult with your contact at the Hamilton Conservation Authority. If paper files are to be dropped off, please make arrangements with us beforehand.
- Permits and correspondence will be issued electronically via email.
- You can help us by prioritizing your critical needs and providing digital submissions where possible[/highlight]
- Staff will keep the lines of communication open and will inform you on the status of our review and your application. We will also keep you informed if there are any changes on when our office will re-open to the public.
Click the link below to visit HCA’s Regulated Area Map Tool:
Quick facts on HCA Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation 161/06
If you have a stream on your property or if your lot backs onto a ravine, wetland, steep slope or the Hamilton Harbour/Lake Ontario, you are probably affected. Construction and development in these areas are regulated to control changes to watercourses, floodplains, wetlands and steep slopes, in order to prevent flooding and erosion problems. They are also in place to conserve the environment and its associated natural features.
The types of land affected include:
- Ravines, valleys, sections of the Niagara Escarpment and other steep slopes
- Wetlands, including swamps, marshes, bogs, fens and ponds
- Any river, creek, stream, flood plain or Dundas Valley land
- Hamilton Harbour and Lake Ontario Shoreline
- Adjacent lands to the above natural features
If your property is regulated, you will require written approval from the Conservation Authority before proceeding with any of the following projects:
- Site grading, temporary or permanent placing, dumping or removal of any material originating on the site or elsewhere (including disposal of unwanted material)
- Construction, reconstruction, erection or placing of a building or structure of any kind (including additions, accessory structures or replacement of existing buildings, installation of swimming pools, decks, retaining walls, etc.)
- Any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure
- Alteration of a watercourse (including channelizations, retaining walls, revetments, bridges, culverts, docks, erosion protection measures). NOTE: alteration means to straighten, change, divert or interfere in any way.
If you are unsure whether the regulation applies to your property, please contact the Conservation Authority to view maps and discuss your situation.
Elizabeth Reimer, Watershed Officer
905-525-2181 ext. 165
Please note that changes to the Federal Fisheries Act effective November 25, 2013 have changed Conservation Authorities’ responsibilities under the Act. For a fact sheet on these changes, please click here.
Yes. Fees vary depending on the type and scale of a proposal. Details on the fees may be obtained by contacting HCA or see the fee schedule in the Helpful Links and Documents tab.
HCA staff review your application and may conduct a site inspection of the property. In the event that your proposal does not meet policy, HCA staff will further consult with you in an attempt to bring plans in accordance with all requirements. If the project conforms to policies a staff will issue a permit which is endorsed by the HCA Board of Directors at regularly scheduled meetings. In the event that your proposal does not conform to policy, you may request the matter to be brought in front of the Board of Directors as a formal Hearing for a decision. The Board of Directors will either approve, approve with conditions or deny the application. If a permit is approved, the permit is issued to the applicant and is typically valid for 2 years from the date of issuance. Service times vary depending on the season, but can take upwards of 4 weeks for permit issuance.
Works that cannot demonstrate conformity to HCA policy may be denied. This could involve works that reveal an unacceptable risk to life and property from natural hazards (i.e. flooding), adverse impacts to adjacent lands, including unacceptable environmental impacts to natural systems (e.g. wetlands, fisheries habitat, ravine and valley systems, environmentally significant areas).
Yes. Any applicant who has been refused permission may, within 30 days of receipt of the decision and reasons for refusal, appeal to the Minister of Natural Resources.
Yes. Subject to certain conditions, works qualifying for exemption may include small accessory non-habitable structures, fencing projects, and minor fill placement. Please contact HCA to see if your project is exempt.
If you have undertaken unauthorized works in a Regulated Area, you may be charged under Section 28 of the Conservation Authorities Act (R.S.O. 1990 c.27) subjecting you to prosecution in the Provincial Courts. It is very important to ensure that any works undertaken in HCA Regulated Areas are done so in accordance with HCA Policies and Guidelines.
It is important to note that a permit from the Conservation Authority does not replace building permits or any other permits issued through municipal offices or other government agencies. By the same token, a municipal building permit does not replace the one required from the Conservation Authority.
If you are unsure whether or not your property falls within a HCA Regulated Area, or whether your proposal requires an HCA permit, you are encouraged to contact our office for information and guidance.
Helpful Links and Documents
- Map your property
- Permit applications
- HCA Client Service Standards Commitment
- 2020 Planning and Regulation Fee Schedule
- HCA Regulation 161/06
- HCA Planning and Regulation Policies and Guidelines
- Policies and Procedures for Plan Review and Permitting Activities
- Memorandum of Agreement between the City of Hamilton and HCA
- Memorandum of Understanding between the County of Wellington and HCA
- Agricultural Guide to Conservation Authority Regulation