Municipal Opportunities to Protect Wetlands

At the April 2024 OCC Meeting, Ontario Nature provided an update on the implications of the changes to the Wetland Evaluation system in Ontario, its implications for how it is impacting wetland protection, and opportunities within municipal control to protect wetlands within their jurisdiction.

Anne Bell and Sarah Hasenack, Ontario Nature: Implications of the new Ontario Wetland Evaluation System

(Background: 2023 discussion on the changes that the provincial government made to the wetland evaluation system and municipal implications and wetland protection opportunities)

  • The problem: The presentation outlined the recent changes to the Ontario Wetland Evaluation System (OWES), emphasizing the implications for wetland protection. OWES is the official point-based system for identifying and designating Provincially Significant Wetlands (PSWs). Key concerns include lower ratings for species at risk, the inability to evaluate smaller, unconnected wetland complexes, and the lack of provincial oversight. Despite opposition, the new system took effect in January 2023, resulting in a reduction in the provincially significant wetland (PSW) status, especially in smaller wetlands. Monitoring efforts revealed over 150 hectares of wetlands across 17 municipalities lost PSW status within the first year, indicating a concerning trend of diminishing protection. Notably, a significant loss occurred in the Ottawa area, with 55 hectares of PSW removed from the Goulbourn Wetland Complex.

  • How does the wetland evaluation happen? Certified wetland evaluators are hired, for example by municipalities or developers, to assess a wetland using the new system. When the evaluation is complete, the wetland evaluation, mapped boundaries and status are to be provided to the planning authority (usually the municipality). Only the wetland boundaries and status (no evaluation) are provided to the Ministry of Natural Resources and Forestry (MNRF). MNRF does not undertake any evaluation or oversight over the wetland evaluation, but they do update the map of provincially significant wetlands. The process does not require public notification or involvement and does not allow municipalities to comment or review the evaluation before provincial mapping is updated. This lack of oversight and transparency raises concerns, especially as developers may influence evaluations to facilitate development. Municipalities have limited authority in the process, but can implement additional wetland protections beyond provincial requirements.

Leading municipal practices: City of Guelph has language on protecting wetlands in their Official Plan (section 4.1.3.4. $ 4.1.4.2) and Zoning By-law (sec 13). Richmond Hill's official plan (section 3.2.1.2.18), there's a commitment to safeguard all wetlands regardless of classification to prevent any loss of wetland function or area. Brampton Plan's (section 2.2.9.44) focuses on gratuitously transferring important natural areas, including wetlands, to the city in a condition satisfactory to the city. These examples underscore the significance of municipal actions in wetland conservation. If your municipality is updating the Official Plan, it is a great opportunity to add similar language to ensure the protection of wetlands. Other municipal actions include advocating for strong municipal policies, rejecting harmful development proposals, monitoring changes in wetland assessments, raising awareness about wetland importance, and informing and engaging communities in protecting wetlands.

Other municipal opportunities for wetland protection include:

  • Does the municipality know the provincially significant wetlands in their jurisdiction prior to the reduce wetland evaluation system (prior to end of 2022)? If not, it would be good for the municipality to know the previous provincially significant wetlands that are within their geography.
  • Explore how the municipality can analyze and report on the likelihood and cost of wetlands being lost to development, either because they have not been evaluated or because they may lose their protection as provincially significant, ex. increased flood risk and/or stormwater costs.
  • Report on how the municipality tracks (or can track) permeable and impermeable surfaces across the community over time.
  • How are/can municipal policies and zoning bylaws provide sufficient protection for wetlands, especially in light of recent provincial policy changes with wetland protection added into OPs as an example.
  • Ensure that stormwater plans are being updated using future climate projections as well as historical data.
  • How well does the asset management plan incorporate stormwater infrastructure and whether the municipality is fully recovering costs associated with stormwater management?
  • Identify if wetlands and other 'green' infrastructure have been incorporated sufficiently into asset management plans.
  • Analyze and report on stormwater fees and whether they should be used in your municipality.
  • Undertake a costs and benefits review of maintaining 'green' stormwater infrastructure and landcover permeability in comparison to needing to invest in more 'grey' infrastructure to provide the ecosystem services the wetland used to provide.