7.0 The Role of Land Use Planning and Management

In a few instances, the Province takes a more direct role. Land use along the Niagara Escarpment is controlled through a development permit system administered by a provincially appointed body, the Niagara Escarpment Commission. In this area, a special plan with an emphasis on environmental features has been developed, which guides decisions by the Commission and by municipalities. The Province also has a direct role in enforcing the provisions of the Endangered Species Act, and in future could be expected to be involved in the implementation of regulations of some agricultural operations under the proposed Nutrient Management Act. Under the Fisheries Act, the federal Departments of Fisheries and Oceans and Environment are playing a larger role.

The major land use planning role, however, comes through the Official Plans of both upper-tier (Counties, Regions) and lower-tier municipalities, as well as zoning bylaws, secondary plans, and similar planning mechanisms to implement planning policies at the lower-tier level. The Province has provided overall policy direction through its Provincial Policy Statement (Ontario, 1997), which is in the process of a five-year review and may be amended. Additional direction on the application of natural heritage policies has been provided through a Natural Heritage Reference Manual (OMNR, 1999).

Strengthen the Provincial Policy Statement and its Implementation

Upgrade the Provincial Policy Statement

The Province could strengthen the wording of the Provincial Policy Statement and the Planning Act to require protection of natural features and encourage restoration and sound water management.

The PPS could readily be strengthened by simply applying the "no development" policy to the full range of natural heritage features. Another important change would be to incorporate the kind of natural heritage system thinking embodied in the Big Picture strategy into the PPS, so that development applications would have to be considered for their effects on a broader system as well as their site-specific impacts. Thirdly, the need for consideration of ecological restoration as part of the planning process could also be incorporated into the PPS, particularly within the Carolinian Canada region.

Many conservation organizations and some municipalities have also recommended changing the Planning Act reference to the Provincial Policy Statement from "have regard to" to the stronger wording "be consistent with."

Section 2.4 of the PPS states that "the quality and quantity of ground water and surface water and the function of sensitive ground water recharge/ discharge areas, aquifers and headwaters will be protected and enhanced". But little specific direction has been provided regarding implementation or performance monitoring of this section. The new Oak Ridge Moraine Conservation Plan has many innovative water policies linked to land use and natural areas. For example, watershed plans and water budgets are made mandatory, rather than voluntary as is the practice elsewhere.

A new reference manual could provide direction on the implementation of the Water Quality and Quantity policies, addressing a variety of issues such as watershed planning, stream and wetland buffers, groundwater protection, and well head protection.

Another policy area which needs renewal is the implementation of the ANSI program, which in southern Ontario has been largely static for many years. An updated gap analysis program to review the adequacy of current ANSIs and the appropriateness of their boundaries would be useful, as well as a provincial commitment to overcome the current gridlock in designating new ANSIs.

When revisions are made to the Natural Heritage Reference Manual (OMNR, 1999), reference could be made to the bioregional planning approach and Big Picture analysis methodology specifically. The Big Picture data is currently available and could be posted on the Internet for easy access and use.

Provide Performance Monitoring and Research

Monitoring systems are needed to track the effects of planning policies and other tools, along with ongoing research and data-sharing.

A system should be developed to monitor how effective the Provincial Policy Statement and the planning system are in conserving environmental quality. After 5 or 10 years we should be able to assess for example, whether woodland and wetland loss is continuing or whether fragmentation is increasing, and determine the origins of any changes. Policies could then be adjusted. The Niagara Escarpment Commission has developed a comprehensive monitoring framework that could serve as a starting point for a southern Ontario-wide framework. Such a system is also proposed for the Oak Ridges Moraine.

A related program is needed to monitor the ongoing effectiveness of the entire basket of protection and restoration tools, and to determine where adjustments to specific programs might be needed to increase their effectiveness.

In many areas relating to natural heritage, ongoing research is necessary to provide a sound basis for action. As well, data-sharing agreements are needed to ensure that knowledge is shared among agencies in an effective way.

Ontario Municipal Board Reform

Among both environmentalists and municipalities, there is a growing sense that the OMB involvement results in poorer planning decisions, less accountability for elected officials, and expensive and inefficient processes.

Other provinces do not have an equivalent hearing body to review municipal land use decisions. Even if the OMB were retained, its role could be improved by regulatory changes. For example, the number of hearings could be reduced by requiring that appellants first demonstrate clear evidence that a municipality had acted in bad faith or contravened specific policies in its decision - like a "leave to appeal" process in the court system. And rather than setting aside a municipal decision and making a fresh decision, the OMB could be restricted to deciding only that a municipal decision was flawed, and sending the matter back to the municipality for re-consideration.

Better Use of Existing Municipal Tools

Implementing Inter-linking Natural Heritage Strategies

Municipalities could incorporate natural heritage systems based on the Big Picture concept within their Official Plans.

Some municipalities have addressed natural heritage policies in a comprehensive and integrated way, by developing a system of cores and corridors, including restoration areas to provide landscape buffers and connections. Some, such as the City of London, have developed planning tools to implement policies on significant woodlands. Programs to encourage municipalities to learn from each other and to develop natural heritage systems based on the Big Picture concept could be used to make rapid progress in this area. Carolinian Canada makes the Big Picture data available to all interested municipalities.

Conservation authorities play an important role in this area, both by incorporating Big Picture concepts into watershed plans, and by providing technical support and advice to municipalities. As well, the Province could do much more to provide technical assistance to municipalities in developing natural heritage systems, especially through the use of GIS tools, and to provide technical support to municipalities if their natural heritage policies are challenged at the OMB.

Tree-Cutting Bylaws & Contractor Regulation

More effective controls on tree-cutting could be implemented through tree-cutting bylaws or regulation of contractors.

Municipalities have the authority to enact bylaws controlling tree-cutting within their jurisdictions, but passage of such bylaws are often contentious and sometimes create a backlash of indiscriminate cutting in advance of their implementation. This may be another area where information-sharing among municipalities could be helpful in defining effective approaches. At least seven upper-tier and one lower-tier municipalities within Carolinian Canada have tree bylaws in place (Fitzgibbon and Summers, 2001), and a working group of provincial and other agencies is currently developing a new model tree by-law.

Some municipalities, such as Norfolk County, have in place procedures which require prior notification of tree-cutting, with applications being cross-checked against records of MFTIP or CLTIP incentive programs. Closer linkage of tree-cutting bylaws to incentive programs may be one area to be explored. Improving enforcement powers under the Forestry Act, and basing bylaws on good forestry practices rather than diameter limit cutting, could also make this mechanism more effective.

Another potential avenue would be the licensing and regulation of cutting contractors, to weed out the worst offenders and improve the calibre of forest management. Local policies to require professional marking of tree stands before harvesting or to require the use of "approved" contractors could greatly improve practices.

Naturalization & Forestry in Towns & Cities

Municipalities and others could promote naturalization and increase tree cover in towns and cities.

Restoration of ecological health to Carolinian Canada is not just a rural issue. Cities and towns can benefit from restoration and naturalization of river valleys and parkland and from tree planting. These activities increase urban residents' connection with Carolinian species and ecosystems. "Urban forests" have huge potential benefits including improved air quality, microclimate amelioration, increased property values and aesthetics, storm-water attenuation, energy conservation, noise attenuation and wildlife habitat (Kenney 2001).

Many municipalities are moving in this direction and some, like York Region (Munt 2001), are linking urban forestry programs with greenlands strategies, restoration, and tree-cutting bylaws in more comprehensive strategies. Retaining forest cover and ecological linkages during development is a particularly important area. Technical support from the province, or even federal agencies such as Canadian Forestry Service, could help to promote a broader landscape context for urban forestry.

The non-profit sector also plays an important role in urban naturalization, including groups like the Urban Forest Network, the Ontario Urban Forest Council, and the Local Enhancement and Appreciating Forests (LEAF) group in Toronto. Some groups such as the Evergreen Foundation and Friends of the Don are active in urban restoration projects on the ground.

Conservation Authorities Act Regulations

The proposed generic regulations are currently awaiting MNR approval and enactment, but could be a significant step forward in protecting basic elements of the Big Picture cores and corridors.