jswizzle3737/ontario_laws_and_regs huggingface dataset:
Plan
 1. In this Regulation, “Plan” means the Oak Ridges Moraine Conservation Plan.  O. Reg. 140/02, s. 1.
Application
 2. (1) This Plan applies to the area shown as the Oak Ridges Moraine Conservation Plan Area on the map entitled “Oak Ridges Moraine Conservation Plan Land Use Designation Map”, numbered 321, dated December 12, 2022 and on file in the offices of the Ministry of Municipal Affairs and Housing at Toronto. O. Reg. 141/17, s. 1 (1); O. Reg. 568/22, s. 1. (2) The land use designation map referred to in subsection (1) is available to the public on a website maintained by the Government of Ontario. O. Reg. 141/17, s. 1 (2). (3) Revoked: O. Reg. 141/17, s. 1 (2). (4) Despite subsection (1), along the part of the southern boundary of the Plan Area that lies between UTM T2034 and UTM T1266 as shown on the plan referred to in subsection 1 (1) of Ontario Regulation 1/02, land is in the Plan Area if, (a)  it is above the contour of elevation 245.00 Canadian Geodetic Vertical Datum 1928 (GDVD28); and (b)  it is within the Oak Ridges Moraine Area as designated by Ontario Regulation 1/02.  O. Reg. 140/02, s. 2 (4).
Date of commencement of application
 4. (1) For the purposes of this Plan, an application shall be deemed to have been commenced on the day set out in the relevant clause of subsection 15 (4) of the Act.  O. Reg. 140/02, s. 4 (1). (2) In this Plan, “application” includes a matter, proceeding or request.  O. Reg. 140/02, s. 4 (2).
Prohibition
 5. No person shall, except as permitted by this Plan, (a)  use land or any part of it; (b)  undertake development or site alteration with respect to land; or (c)  erect, move, alter or use a building or structure or any part of it.  O. Reg. 140/02, s. 5.
Existing uses, buildings and structures
 6. (1) Nothing in this Plan applies to prevent, (a)  the use of any land, building or structure for a purpose prohibited by this Plan, if the land, building or structure was lawfully used for that purpose on November 15, 2001 and continues to be used for that purpose; or (b)  the erection or use for a purpose prohibited by this Plan of a building or structure for which a permit has been issued under subsection 8 (2) of the Building Code Act, 1992
on or before November 15, 2001 if, (i)  the permit has not been revoked under subsection 8 (10) of the Building Code Act, 1992, and (ii)  the building or structure when erected is used and continues to be used for the purpose for which it was erected.  O. Reg. 140/02, s. 6 (1). (2) Nothing in this Plan applies to prevent the expansion of an existing building or structure on the same lot, if the applicant demonstrates that, (a)  there will be no change in use; and (b)  the expansion will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 6 (2). (3) Despite subsection (2), an existing mineral aggregate operation or an existing wayside pit within a Natural Core Area may not be expanded beyond the boundary of the area under licence or permit.  O. Reg. 140/02, s. 6 (3). (4) Nothing in this Plan applies to prevent the expansion of an existing institutional use, if the applicant demonstrates that, (a)  there will be no change in use; and (b)  the expansion will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 6 (4). (5) Nothing in this Plan applies to prevent the reconstruction, within the same location and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner’s control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use.  O. Reg. 140/02, s. 6 (5). (6) Nothing in this Plan applies to prevent the conversion of an existing use to a similar use, if the applicant demonstrates that the conversion, (a)  will bring the use into closer conformity with this Plan; and (b)  will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 6 (6). (7) If an existing use has adverse effects on the ecological integrity of the Plan Area, any application to expand the building, structure or use or to convert the existing use to a similar use shall be considered with the objective of bringing the use into closer conformity with this Plan.  O. Reg. 140/02, s. 6 (7). (8) In this section, “existing” means lawfully in existence on November 15, 2001 and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful; (“existant”) “institutional use” includes, without limitation, a long-term care facility, hospital, school, university or college. (“utilisation institutionnelle”)  O. Reg. 140/02, s. 6 (8).
Previously authorized single dwelling
 7. Nothing in this Plan applies to prevent the use, erection or location of a single dwelling if, (a)  the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; and (b)  the applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 7.
Building or structure previously authorized or authorized under subs. 17 (1) of Act
 8. Nothing in this Plan applies to prevent the use, erection or location of a building or structure if, (a)  the use, erection and location were authorized by the approval of an application that was commenced before November 17, 2001 and approved after that date; or (b)  the use, erection and location were authorized by the approval of an application that was commenced after November 17, 2001 and decided in accordance with subsection 17 (1) of the Act.  O. Reg. 140/02, s. 8.
Exception, site plan approval
 9. An application for site plan approval under section 41 of the Planning Act is not required to comply with this Plan if it relates to land in respect of which any of the following was commenced before November 17, 2001 and approved after that date: 1.  An application for an amendment to a zoning by-law. 2.  An application for approval of a plan of subdivision under section 51 of the Planning Act. 3.  An application for approval or exemption from approval for a plan of condominium under section 9 of the Condominium Act, 1998.  O. Reg. 140/02, s. 9. PART II   LAND USE DESIGNATIONS
PART II LAND USE DESIGNATIONS
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Division of Plan Area, land use designations
 10. (1) The Oak Ridges Moraine Conservation Plan Area is divided into areas subject to the following land use designations, as shown on the land use designation map referred to in section 2: 1.  Natural Core Areas, which are areas with a high concentration of key natural heritage features, key hydrologic features, ecological functions or landform conservation areas. 2.  Natural Linkage Areas, which are areas forming part of a central corridor system that support or have the potential to support movement of plants and animals among the Natural Core Areas, Natural Linkage Areas, river valleys and stream corridors. 3.  Countryside Areas, which are areas of rural land use such as agriculture, recreation, residential development, Rural Settlements, mineral aggregate operations, parks and open space. Rural Settlements, which form part of Countryside Areas and are existing hamlets or similar existing small communities, generally long-established and identified in official plans, are also shown on the land use designation map referred to in section 2. 4.  Settlement Areas, which are areas designated for development of an urban type permitting a range of residential, commercial, industrial and institutional uses.  O. Reg. 140/02, s. 10 (1); O. Reg. 141/17, s. 3. (2) When official plans and zoning by-laws are amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, the boundaries of the Natural Core Areas, Natural Linkage Areas, Countryside Areas, Rural Settlements and Settlement Areas may be further defined, in a manner that is consistent with the land use designation map referred to in section 2, but with greater precision than the map can show, and subject to subsection (4).  O. Reg. 140/02, s. 10 (2). (3) The further definition of boundaries described in subsection (2) does not require an amendment to this Plan.  O. Reg. 140/02, s. 10 (3). (4) The outer boundary of the Plan Area shall not be further defined under subsection (2).  O. Reg. 140/02, s. 10 (4).
Natural Core Areas
 11. (1) The purpose of Natural Core Areas is to maintain and, where possible, improve or restore the ecological integrity of the Plan Area by, (a)  maintaining and, where possible, improving or restoring the health, diversity, size and connectivity of key natural heritage features, key hydrologic features and the related ecological functions; (b)  maintaining or restoring natural self-sustaining vegetation and wildlife habitat; (c)  maintaining the quantity and quality of groundwater and surface water; (d)  maintaining groundwater recharge; (e)  maintaining natural stream form and flow characteristics; (f)  protecting landform features; and (g)  protecting and restoring natural areas and features that sequester carbon and provide ecological functions, including water storage, to help reduce the impacts of climate change. O. Reg. 140/02, s. 11 (1); O. Reg. 141/17, s. 4 (1, 2). (2) Natural Core Areas also have the objectives of, (a)  accommodating a trail system through the Plan Area and trail connections to it; (a.1)  conserving cultural heritage resources; and (b)  providing for limited economic development that is compatible with clauses (a) and (a.1) and subsection (1).  O. Reg. 140/02, s. 11 (2); O. Reg. 141/17, s. 4 (3, 4). (3) The following uses are permitted with respect to land in Natural Core Areas, subject to Parts III and IV: 1.  Fish, wildlife and forest management. 2.  Conservation projects and flood and erosion control projects. 3.  Agricultural uses. 4.  Infrastructure uses. 5.  Home businesses. 6.  Home industries. 7.  Bed and breakfast establishments. 8.  On-farm diversified uses, subject to subsection (4). 8.1  Agriculture-related uses, subject to subsection (4). 9.  Low-intensity recreational uses as described in section 37. 10.  Unserviced parks. 11.  Uses accessory to the uses set out in paragraphs 1 to 10.  O. Reg. 140/02, s. 11 (3); O. Reg. 141/17, s. 4 (5, 6). (4) The on-farm diversified uses referred to in paragraph 8 of subsection (3) and the agriculture-related uses referred to in paragraph 8.1 of subsection (3) are only permitted in prime agricultural areas in the Natural Core Areas. O. Reg. 141/17, s. 4 (7).
Natural Linkage Areas
 12. (1) The purpose of Natural Linkage Areas is to maintain and, where possible, improve or restore the ecological integrity of the Plan Area, and to maintain and, where possible, improve or restore regional-scale open space linkages between Natural Core Areas and along river valleys and stream corridors by, (a)  maintaining and, where possible, improving or restoring the health, diversity, size and connectivity of key heritage features, key hydrologic features and the related ecological functions; (b)  maintaining and, where possible, improving or restoring natural self-sustaining vegetation over large parts of the area to facilitate movement of plants and animals; (c)  maintaining a natural continuous east-west connection and additional connections to river valleys and streams north and south of the Plan Area; (d)  maintaining the quantity and quality of groundwater and surface water; (e)  maintaining groundwater recharge; (f)  maintaining natural stream form and flow characteristics; (g)  protecting landform features; and (h)  protecting and restoring natural areas and features that sequester carbon and provide ecological functions, including water storage, to help reduce the impacts of climate change. O. Reg. 140/02, s. 12 (1); O. Reg. 141/17, s. 5 (1, 2) (2) Natural Linkage Areas also have the objectives of, (a)  accommodating a trail system through the Plan Area and trail connections to it; (a.1)  conserving cultural heritage resources; (a.2)  contributing to a regional network of green infrastructure; and (b)  providing for limited economic development that is compatible with clauses (a) to (a.2) and subsection (1).  O. Reg. 140/02, s. 12 (2); O. Reg. 141/17, s. 5 (3, 4). (3) The following uses are permitted with respect to land in Natural Linkage Areas, subject to Parts III and IV: 1.  Fish, wildlife and forest management. 2.  Conservation projects and flood and erosion control projects. 3.  Agricultural uses. 4.  Infrastructure uses. 5.  Home businesses. 6.  Home industries. 7.  Bed and breakfast establishments. 8.  On-farm diversified uses, subject to subsection (4). 9.  Low-intensity recreational uses as described in section 37. 10.  Unserviced parks. 11.  Mineral aggregate operations. 12.  Wayside pits. 13.  Agriculture-related uses, subject to subsection (4). 14.  Uses accessory to the uses set out in paragraphs 1 to 13. O. Reg. 140/02, s. 12 (3); O. Reg. 141/17, s. 5 (5-7). (4) The on-farm diversified uses referred to in paragraph 8 of subsection (3) and the agriculture-related uses referred to in paragraph 13 of subsection (3) are only permitted in prime agricultural areas in the Natural Linkage Areas. O. Reg. 141/17, s. 5 (8).
Residential development in certain parts of Countryside Areas
 14. (1) Residential development is permitted with respect to land in the Palgrave Estates Residential Community as shown on the land use designation map referred to in section 2, subject to the Town of Caledon Official Plan, as amended from time to time, and to the following provisions of this Plan: 1.  Sections 20 to 26. 2.  Subsection 27 (3). 3.  Sections 28 and 29. 4.  Subsections 30 (1), (12) and (13). 5.  The Table to Part III. 6.  Subsections 41 (1), (4) and (5). 7.  Sections 42 to 47.  O. Reg. 140/02, s. 14 (1). (2) Residential development is permitted with respect to land in the City of Kawartha Lakes, the County of Peterborough and the County of Northumberland, except in, (a)  prime agricultural areas; and (b)  areas designated primarily for agricultural uses in the applicable official plan.  O. Reg. 140/02, s. 14 (2). (3) With respect to land in the City of Kawartha Lakes, the County of Peterborough and the County of Northumberland, an application for residential development shall not be approved unless, (a)  on or before October 22, 2003 or the later date on which the relevant municipality adopts an official plan amendment that is subject to a declaration made by the Minister under subsection 9 (10) of the Act, (i)  the relevant municipality has completed a comprehensive growth management study, including a rural economic development strategy, that demonstrates the need for residential development, and (ii)  the relevant municipality’s official plan conforms with this Plan and includes specific detailed policies governing residential development; and (b)  the relevant municipality has completed a water budget and a water conservation plan in accordance with section 25 that demonstrate the availability of sufficient water resources to support residential development.  O. Reg. 140/02, s. 14 (3); O. Reg. 141/17, s. 7. (4) The policies referred to in subclause (3) (a) (ii) may, (a)  further limit the areas within which residential development is permitted; and (b)  limit the extent of this type of development.  O. Reg. 140/02, s. 14 (4). (5) The policies referred to in subclause (3) (a) (ii) shall establish strict planning, design and construction standards so as to, (a)  encourage clustering or other innovative design; (b)  require that disturbance to the natural landscape and environment be minimized; and (c)  maintain and, where possible, improve or restore the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 14 (5).
New lots in Countryside Areas
 15. (1) New lots may be created in Countryside Areas for the following purposes only, and subject to Parts III and IV: 1.  The purposes specified in section 32 (lot creation). 2.  Residential development permitted under section 14. 3.  Minor infill within Rural Settlements. 4.  Revoked: O. Reg. 141/17, s. 8 (1). O. Reg. 140/02, s. 15 (1); O. Reg. 141/17, s. 8 (1). (2) Revoked: O. Reg. 141/17, s. 8 (2).
Plans of subdivision, site plan approval and lot creation in Countryside Areas
 16. (1) Plans of subdivision with respect to land in Countryside Areas shall, (a)  provide for large, continuous open space blocks linking key natural heritage features and key hydrologic features to ensure connectivity and to maintain any related ecological functions; and (b)  design lots and roads so as to minimize stream crossings and extensions into key natural heritage features.  O. Reg. 140/02, s. 16 (1); O. Reg. 141/17, s. 9 (1). (2) With respect to land in Countryside Areas, the approval authority shall ensure that a condition requiring the applicant to ensure that natural self-sustaining vegetation is maintained or restored for the long-term protection of any key natural heritage feature or key hydrologic feature on the lot or lots created is imposed, (a)  on every subdivision and site plan approval; and (b)  on every consent to the creation of a lot under section 15 or subsection 32 (1).  O. Reg. 140/02, s. 16 (2); O. Reg. 141/17, s. 9 (2).
Previously authorized uses, buildings and structures in Countryside Areas
 17. (1) Nothing in this Plan applies to prevent a use or the erection or location of a building or structure with respect to land in a Countryside Area if, (a)  the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; (b)  the use, erection and location are permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, although they do not comply with the provisions listed in subsections 19 (2) and 31 (3); (c)  in the case of major development, the applicant complies with clause 43 (1) (b); and (d)  the application conforms to sections 20, 22, 23, 26, 28 and 29, subsections 45 (7) and (8) and section 47.  O. Reg. 140/02, s. 17 (1). (2) Subsection (1) does not apply with respect to land within a Rural Settlement.  O. Reg. 140/02, s. 17 (2). (3) Nothing in this Plan applies to prevent a use or the erection or location of a building or structure within a Rural Settlement if, (a)  the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; (b)  the use, erection and location are permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, although they do not comply with the provisions listed in subsections 19 (2) and 31 (3); (c)  the application conforms to sections 28 and 29, subsections 45 (7) and (8) and section 47; and (d)  the applicant demonstrates, to the extent possible, that the use, erection or location will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 17 (3).
PART III PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY
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Purpose and application
 19. (1) The purpose of this Part is the integration of environmental and land use planning in order to maintain and, where possible, improve or restore the ecological integrity of the Plan Area in all its aspects, including as it supports ecosystem resilience.  O. Reg. 140/02, s. 19 (1); O. Reg. 141/17, s. 11. (2) Sections 20 to 26, subsections 27 (1) and (2), sections 28 and 29, subsections 30 (1) to (12) and the Table to this Part apply with respect to land in the Natural Core Areas, Natural Linkage Areas and Countryside Areas.  O. Reg. 140/02, s. 19 (2). (3) The following provisions apply with respect to land in the Settlement Areas: 1.  Sections 21 to 26. 2.  Subsection 27 (3). 3.  Sections 28 and 29. 4.  Subsections 30 (1), (12) and (13). 5.  The Table to this Part.  O. Reg. 140/02, s. 19 (3).
Supporting connectivity
 20. Every application for development or site alteration shall identify planning, design and construction practices that ensure that no buildings or other site alterations impede any hydrological functions or the movement of plants and animals among key natural heritage features, key hydrologic features and adjacent land within Natural Core Areas and Natural Linkage Areas.  O. Reg. 140/02, s. 20; O. Reg. 141/17, s. 12.
Minimum area of influence and minimum vegetation protection zone
 21. (1) For the purposes of this Part, (a)  the minimum area of influence that relates to a key natural heritage feature or key hydrologic feature described in Column 2 of the Table to this Part is the area referred to in the corresponding item in Column 3 of the Table; and (b)  the minimum vegetation protection zone that relates to a key natural heritage feature or key hydrologic feature described in Column 2 of the Table is the area determined in accordance with the corresponding item in Column 4 of the Table.  O. Reg. 140/02, s. 21 (1); O. Reg. 141/17, s. 13 (1). (2) If land falls within more than one key natural heritage feature or key hydrologic feature described in Column 2 of the Table, the minimum area of influence described in Column 3 that is the largest and the vegetation protection zone described in Column 4 that is the largest shall apply with respect to each feature for the purposes of this Plan. O. Reg. 141/17, s. 13 (2). (3) With respect to land that is in a Settlement Area on April 22, 2002, any provision referred to in subsection (4) prevails, to the extent of any conflict, over clause (1) (b) and subsection (2).  O. Reg. 140/02, s. 21 (3). (4) Subsection (3) applies with respect to a provision of the applicable official plan or zoning by-laws, as the case may be, that is adopted on the basis of, (a)  environmental studies; or (b)  infrastructure planning including, without limitation, environmental assessments, infrastructure servicing studies and master environmental servicing studies.  O. Reg. 140/02, s. 21 (4). Key Natural Heritage Features
Key Natural Heritage Features
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Key natural heritage features
 22. (1) The following are key natural heritage features: 1.  Wetlands. 2.  Habitat of endangered and threatened species. 3.  Fish habitat. 4.  Areas of natural and scientific interest (life science). 5.  Significant valleylands. 6.  Significant woodlands. 7.  Significant wildlife habitat (including habitat of special concern species). 8.  Sand barrens, savannahs and tallgrass prairies.  O. Reg. 140/02, s. 22 (1); O. Reg. 141/17, s. 14 (1, 2). (2) All development and site alteration with respect to land within a key natural heritage feature or the related minimum vegetation protection zone is prohibited, except the following: 1.  Forest, fish and wildlife management. 2.  Conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest after all alternatives have been considered. 3.  Development of infrastructure in accordance with the requirements set out in section 41. 4.  Low-intensity recreational uses as described in section 37. 5.  Any development and site alteration in Countryside Areas or Settlement Areas that is within the habitat of an endangered or threatened species, but only if, i.  it is not prohibited under the Endangered Species Act, 2007 and it complies with any requirements or restrictions under that Act, and ii.  it is not within any other key natural heritage feature or the related minimum vegetation protection zone. 6.  Agricultural uses other than uses associated with on-farm buildings and structures, but only with respect to land in the minimum vegetation protection zone related to a key natural heritage feature and not in the key natural heritage feature itself. O. Reg. 140/02, s. 22 (2); O. Reg. 141/17, s. 14 (3, 4). (3) An application for development or site alteration with respect to land within the minimum area of influence that relates to a key natural heritage feature, but outside the key natural heritage feature itself and the related minimum vegetation protection zone, shall be accompanied by a natural heritage evaluation under section 23.  O. Reg. 140/02, s. 22 (3). (4) Despite subsection (3), a natural heritage evaluation is not required in the case of an application relating to the construction of a new building or structure in the minimum area of influence of a key natural heritage feature if the proposed building or structure is for agricultural uses, agriculture-related uses or on-farm diversified uses and is located a minimum of 30 metres from the key natural heritage feature. O. Reg. 141/17, s. 14 (5). (5) Any agricultural uses, agriculture-related uses or on-farm diversified uses that are carried out in the minimum area of influence that relates to a key natural heritage feature shall be carried out in accordance with best management practices to protect or restore key natural heritage features and related ecological functions. O. Reg. 141/17, s. 14 (5).
Natural heritage evaluation
 23. (1) A natural heritage evaluation shall, (a)  demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature or on the related ecological functions; (b)  identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and its connectivity with other key natural heritage features and with key hydrologic features; (c)  in the case of an application relating to land in a Natural Core Area, Natural Linkage Area or Countryside Area, demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored before, during and after construction; (d)  if the Table to this Part specifies the dimensions of a minimum vegetation protection zone, determine whether it is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; (e)  if the Table to this Part does not specify the dimensions of a minimum vegetation protection zone, determine whether one is required, and if one is required, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; and (f)  in the case of a key natural heritage feature that is fish habitat, ensure compliance with the requirements of the Department of Fisheries and Oceans (Canada).  O. Reg. 140/02, s. 23 (1); O. Reg. 141/17, s. 15. (2) In the case of item 4 of the Table to this Part, the basis on which the determination and specification mentioned in clause (1) (e) is done shall include, without limitation, an analysis of land use, soil type, slope class and vegetation type, using criteria established by the Government of Ontario, as amended from time to time.  O. Reg. 140/02, s. 23 (2). Hydrological Features
Hydrological Features
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Water budgets and conservation plans
 25. (1) Every upper-tier municipality and single-tier municipality shall, on or before April 22, 2003, begin preparing a water budget and a water conservation plan, in accordance with subsection (2), for every watershed whose streams originate within the municipality’s area of jurisdiction.  O. Reg. 140/02, s. 25 (1); O. Reg. 141/17, s. 17 (1). (2) A water budget and a water conservation plan, (a)  quantify the components of the water balance equation, including precipitation, evapotranspiration, groundwater inflow and outflow, surface water outflow, change in storage, water withdrawals and water returns; (b)  characterize groundwater and surface water flow systems by means of modelling; (c)  identify, (i)  targets to meet the water needs of the affected ecosystems, (ii)  the availability, quantity and quality of water sources, (iii)  goals for public education and for water conservation, and (iv)  impacts from changes in precipitation patterns, including those resulting from climate change; (d)  develop a water-use profile and forecast; (e)  evaluate plans for water facilities such as pumping stations and reservoirs; (f)  identify and evaluate, (i)  water conservation measures such as public education, improved management practices, the use of flow-restricting devices and other hardware, water reuse and recycling, and practices and technologies associated with water reuse and recycling, (ii)  water conservation incentives such as full cost pricing, and (iii)  ways of promoting water conservation measures and water conservation incentives; (g)  analyse the costs and benefits of the matters described in clause (f); (h)  require the use of specified water conservation measures and incentives; (i)  contain an implementation plan for those specified measures and incentives that reconciles the demand for water with the water supply; (j)  provide for monitoring of the water budget and the water conservation plan for effectiveness.  O. Reg. 140/02, s. 25 (2); O. Reg. 141/17, s. 17 (2-4).
Subwatersheds
 27. (1) Except with respect to land in Settlement Areas, all development and site alteration with respect to land in a subwatershed are prohibited if they would cause the total percentage of the area of the subwatershed that has impervious surfaces to exceed, (a)  10 per cent; or (b)  any lower percentage specified in the applicable watershed plan or subwatershed plan.  O. Reg. 140/02, s. 27 (1); O. Reg. 141/17, s. 19. (2) Except with respect to land in Settlement Areas, in considering applications for development or site alteration with respect to land in a subwatershed, the approval authority shall take into account the desirability of ensuring that at least 30 per cent of the area of the subwatershed has self-sustaining vegetation.  O. Reg. 140/02, s. 27 (2). (3) With respect to land in Settlement Areas, in considering applications for development or site alteration with respect to land in a subwatershed, the approval authority shall consider the importance of, (a)  ensuring that natural vegetation is maintained and, where possible, improved or restored; and (b)  keeping to a minimum impervious surfaces and their impact on water quality and quantity.  O. Reg. 140/02, s. 27 (3).
Wellhead protection areas
 28. (1) Despite anything else in this Plan except subsection 6 (1) and subsection (3) of this section, the following uses are prohibited with respect to land in wellhead protection areas established under section 42: 1.  Storage, except by an individual for personal or family use, of, i.  petroleum fuels, ii.  petroleum solvents and chlorinated solvents, iii.  pesticides, herbicides and fungicides, iv.  construction equipment, v.  inorganic fertilizers, vi.  road salt, and vii.  contaminants listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, 1990. 2.  Generation and storage of hazardous waste or liquid industrial waste. 3.  Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities.  O. Reg. 140/02, s. 28 (1). (2) Despite anything else in this Plan except subsection 6 (1) and subsection (3) of this section, the following uses are prohibited with respect to land in the zero to two-year time of travel zone within every wellhead protection area established under section 42: 1.  Storage of animal manure, except by an individual for personal or family use. 2.  Animal agriculture, except by an individual for personal or family use. 3.  Storage of agricultural equipment, except by an individual for personal or family use.  O. Reg. 140/02, s. 28 (2). (3) Subsections (1) and (2) do not apply to, (a)  an area in respect of which wellhead protection policies established under clause 42 (1) (b) have been incorporated into the relevant official plan; and (b)  any agricultural land if the owner or operator of the agricultural operation complies with all the standards established under the Nutrient Management Act, 2002
and any applicable requirement under the Clean Water Act, 2006. O. Reg. 141/17, s. 20. (4) Every person who carries on a use listed in subsection (1) or (2), as owner or operator, shall prepare and maintain a site management and contingency plan that is aimed at reducing or eliminating the creation of materials referred to in subsection (1) or (2), as the case may be, and their release into the environment.  O. Reg. 140/02, s. 28 (4).
Areas of high aquifer vulnerability
 29. (1) Despite anything else in this Plan except subsection 6 (1) and subsection (1.1) of this section, the uses listed in subsection (5) are prohibited with respect to land in areas of high aquifer vulnerability, as shown on the map entitled “Reference Map for Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under the Oak Ridges Moraine Conservation Act, 2001” dated March, 2002, on file in the offices of the Ministry of Municipal Affairs at Toronto.  O. Reg. 140/02, s. 29 (1); O. Reg. 141/17, s. 21 (1). (1.1) Subsection (1) does not apply to agricultural land in areas of high aquifer vulnerability if the owner or operator of the agricultural operation is carrying out operations that are regulated under the Nutrient Management Act, 2002
and complies with all the standards established under that Act. O. Reg. 141/17, s. 21 (2). (2) Copies of the map referred to in subsection (1) are available on a website maintained by the Government of Ontario. O. Reg. 141/17, s. 21 (3). (3) The boundaries of the areas of high aquifer vulnerability may be further defined in official plans, in a manner that is consistent with the map referred to in subsection (1), but with greater precision than the map can show.  O. Reg. 140/02, s. 29 (3). (4) The further definition of boundaries described in subsection (3) does not require an amendment to this Plan.  O. Reg. 140/02, s. 29 (4). (5) Subsection (1) applies to the following uses: 1.  Generation and storage of hazardous waste or liquid industrial waste. 2.  Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities. 3.  Underground and above-ground storage tanks that are not equipped with an approved secondary containment device. 4.  Storage of a contaminant listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, 1990.  O. Reg. 140/02, s. 29 (5). Landform Conservation Areas
Landform Conservation Areas
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PART IV SPECIFIC LAND USE POLICIES
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Application
 31. (1) The following provisions of this Part apply to land in the Natural Core Areas: 1.  Sections 32 to 34. 2.  Sections 36, 37 and 39. 3.  Subsections 41 (1), (3), (4), (5) and (6). 4.  Sections 42 to 47.  O. Reg. 140/02, s. 31 (1). (2) The following provisions of this Part apply to land in the Natural Linkage Areas: 1.  Sections 32 to 37 and 39. 2.  Subsections 41 (1), (2), (4), (5) and (6). 3.  Sections 42 to 47.  O. Reg. 140/02, s. 31 (2). (3) The following provisions of this Part apply to land in the Countryside Areas: 1.  Sections 32 to 34. 2.  Subsections 35 (1), (4), (5) and (6). 3.  Sections 36 to 40. 4.  Subsections 41 (1), (4), (5) and (6). 5.  Sections 42 to 47.  O. Reg. 140/02, s. 31 (3). (4) The following provisions of this Part apply to land in the Settlement Areas: 1.  Subsections 41 (1), (4) and (5). 2.  Sections 42 to 47.  O. Reg. 140/02, s. 31 (4).
Lot creation
 32. (1) A lot may be created only in the following circumstances, and subject to section 15, subsections (2), (3), (4) and (5) of this section, and Part III: 1.  Where the owner and operator of a farming operation acquires land to consolidate into the farming operation, a lot on which is situated a habitable residential dwelling that existed before July 1, 2017 and that after the consolidation has become surplus to the consolidated farming operation may be severed from the lot of the consolidated farming operation but only if, i.  the new lot will be limited to the minimum size that is needed to accommodate a residential use and the required sewage and water services, and ii.  no new residential dwellings will be constructed on a remnant parcel of farmland created by the severance. 2.  Severance of two or more lots for agricultural uses where the lot size of the severed and retained lots is at least 100 acres. 3.  Acquisition of land for the development of infrastructure in accordance with the requirements set out in section 41. 4.  The addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used. 5.  Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation. 6.  Severance from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance.  O. Reg. 140/02, s. 32 (1); O. Reg. 141/17, s. 24 (1, 2). (2) Subsection (1) applies whether the transaction takes the form of a conveyance, a lease for 21 years or more, or a mortgage.  O. Reg. 140/02, s. 32 (2). (3) A lot may be created only if there is enough net developable area on both the severed lot and the retained lot to accommodate proposed uses, buildings and structures and accessory uses without encroachment on key natural heritage features or key hydrologic features.  O. Reg. 140/02, s. 32 (3); O. Reg. 141/17, s. 24 (3). (4) When a lot is created, the municipality shall enter into a site plan agreement or other agreement with the applicant to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any key natural heritage features and key hydrologic features on the lot.  O. Reg. 140/02, s. 32 (4); O. Reg. 141/17, s. 24 (4). (5) A lot shall not be created if this would extend or promote strip development.  O. Reg. 140/02, s. 32 (5). (6) Revoked: O. Reg. 141/17, s. 24 (5).
Restriction re agricultural uses, mineral aggregate operations, wayside pits
 33. (1) The following are specified matters for the purpose of clause 5 (d) of the Act: 1.  Agricultural uses. 2.  Mineral aggregate operations. 3.  Wayside pits.  O. Reg. 140/02, s. 33 (1). (2) Official plans and zoning by-laws shall not contain provisions, with respect to the specified matters listed in subsection (1), that are more restrictive than those in this Plan.  O. Reg. 140/02, s. 33 (2).
Compatible uses
 34. A non-agricultural use shall not have an adverse impact on agricultural uses or shall minimize and mitigate such impacts on agricultural uses to the extent possible. O. Reg. 141/17, s. 25.
Comprehensive rehabilitation plans
 36. Municipalities and the mineral aggregate industry are encouraged to work together to develop and implement comprehensive rehabilitation plans for parts of the Plan Area that are affected by mineral aggregate operations.  O. Reg. 140/02, s. 36.
Excess soil and fill
 36.1 Official plan policies and development proposals shall incorporate best practices for the management of excess soil generated and fill received during any development or site alteration, including infrastructure development, to ensure that, (a)  excess soil is re-used on-site or locally to the maximum extent possible; (b)  where feasible, excess soil reuse planning is undertaken concurrently with development planning and design; and (c)  the quality of fill received at a site and the placement of fill at the site will not cause an adverse effect with regard to the current or proposed use of the property, the natural environment or cultural heritage resources and is compatible with adjacent land uses. O. Reg. 141/17, s. 27.
Low-intensity recreational uses
 37. (1) Low-intensity recreational uses are recreational uses that have minimal impact on the natural environment and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following: 1.  Non-motorized trail uses. 2.  Natural heritage appreciation. 3.  Unserviced camping on public and institutional land. 4.  Accessory uses. O. Reg. 140/02, s. 37 (1). (2) Small-scale structures accessory to low-intensity recreational uses, such as trails, boardwalks, foot bridges, fences, docks and picnic facilities, are permitted only if the applicant demonstrates that the adverse effects on the ecological integrity of the Plan Area will be kept to a minimum by, (a)  keeping disturbed areas to a minimum; and (b)  avoiding the most sensitive portions of the site, such as steep slopes and organic soils. O. Reg. 140/02, s. 37 (2); O. Reg. 141/17, s. 28.
Major recreational uses
 38. (1) Major recreational uses are recreational uses that require large-scale modification of terrain, vegetation or both and usually also require large-scale buildings or structures, including but not limited to the following: 1.  Golf courses. 2.  Serviced playing fields. 3.  Serviced campgrounds. 4.  Ski hills.  O. Reg. 140/02, s. 38 (1). (2) An application to establish or expand a major recreational use shall be accompanied by a recreation plan demonstrating that, (a)  water use for maintenance or snow-making or both will be kept to a minimum; (b)  grassed, watered and manicured areas will be limited to sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures; (c)  crossings of intermittent and permanent streams will be kept to a minimum; (d)  water-conserving technologies (such as low flow toilets and shower heads) and energy-conserving technologies will be used in clubhouses and restaurants; (e)  water-conserving technologies (such as timed irrigation systems designed to reduce evaporation losses, and recycling of water from under greens) will be used in the irrigation and watering of sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures; and (f)  green infrastructure and appropriate low impact development techniques will be used to capture and treat runoff from areas with impervious surfaces.  O. Reg. 140/02, s. 38 (2); O. Reg. 141/17, s. 29 (1, 2). (3) An application to establish or expand a major recreational use shall be accompanied by a vegetation management plan demonstrating that, (a)  the application of fertilizers, pesticides, herbicides and fungicides will be limited to sports field surfaces, golf fairways, tees, greens and landscaped areas around buildings and structures and in those locations will be kept to a minimum; (b)  grass mixtures that require minimal watering and upkeep will be used for sports field surfaces and golf fairways; and (c)  wherever possible, intermittent stream channels and drainage swales will be kept in a free-to-grow, low-maintenance condition.  O. Reg. 140/02, s. 38 (3). (4) An application to establish or expand a major recreational use shall demonstrate that, (a)  the recreational activities on the site, (i)  will be compatible with the natural character of the surrounding area, and (ii)  will be designed and located so as not to conflict with adjacent land uses; and (b)  new technologies relating to construction, grounds maintenance and water conservation will be explored and incorporated, as they become available, to help maintain and, where possible, improve or restore the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 38 (4). (5) An application to establish or expand a major recreational use shall demonstrate that the new or expanded major recreational use will have no adverse impacts on surrounding agricultural operations or that any such impacts will be minimized and mitigated to the extent possible. O. Reg. 141/17, s. 29 (3).
Trail system
 39. (1) A recreational trail system shall be established to provide continuous access and travel along the entire Plan Area, accessible to all including persons with disabilities.  O. Reg. 140/02, s. 39 (1). (2) The trail system shall, (a)  be designed to maintain and, where possible, improve or restore the ecological integrity of the Plan Area; (b)  be located in the Natural Core Areas and Natural Linkage Areas as much as possible; (c)  be located away from unopened road allowances, prime agricultural areas and agricultural operations as much as possible. O. Reg. 140/02, s. 39 (2); O. Reg. 141/17, s. 30 (1). (3) Despite anything else in this Plan, the following uses, buildings and structures are permitted on the trail system: 1.  Non-motorized trail uses. 2.  Parking, signage, washrooms and interpretive facilities to support access to the trail system. 3.  Fencing to define and protect the trails while limiting access to, and trespass on, adjoining agricultural lands. 4.  Works to improve access to the trail system and remove barriers to its use for the benefit of all including persons with disabilities. 5.  Works to protect ecologically sensitive portions of the trail system. 6.  Conservation and erosion control to protect or restore key natural heritage features and key hydrologic features and the related ecological functions along the trail system. O. Reg. 140/02, s. 39 (3); O. Reg. 141/17, s. 30 (2, 3). (4) Paragraph 1 of subsection (3) does not prohibit the use of mobility aids, including motorized wheelchairs and other power-assisted devices by persons who need them for mobility.  O. Reg. 140/02, s. 39 (4); O. Reg. 141/17, s. 30 (4).
Small-scale commercial, industrial and institutional uses
 40. (1) Small-scale commercial, industrial and institutional uses,  (a)  are supportive of, complementary to or essential to uses that are permitted in Countryside Areas under sections 13, 14 and 17; (b)  do not require large-scale modification of terrain, vegetation or both or large-scale buildings and structures; and (c)  include, but are not limited to, (i)  commercial sales or services related to the management or use of resources located in the surrounding area, (ii)  portable mineral aggregate crushing plants, portable asphalt plants and composting plants, and (iii)  schools, places of worship, community halls, retirement homes and cemeteries, intended mainly to serve nearby Rural Settlements within the Plan Area.  O. Reg. 140/02, s. 40 (1); O. Reg. 141/17, s. 31 (1). (2) An application for a small-scale commercial, industrial or institutional use with respect to land in a Countryside Area shall not be approved unless the applicant demonstrates that, (a)  it is not feasible to locate the use in a Settlement Area; and (b)  the buildings and structures will be planned, designed and constructed so as not to adversely affect, (i)  the rural character of the Countryside Areas, and (ii)  the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 40 (2). (3) An application for a small-scale commercial, industrial or institutional use with respect to land in a Countryside Area shall not be approved if it is to be located within a prime agricultural area. O. Reg. 141/17, s. 31 (2). (4) Subsection (3) does not apply to portable asphalt plants and portable concrete plants required to complete public authority contracts. O. Reg. 141/17, s. 31 (2). (5) An application to establish or expand a small-scale commercial, industrial or institutional use shall demonstrate that the new or expanded use will have no adverse impacts on surrounding agricultural operations and lands or that such impacts will be minimized and mitigated to the extent possible. O. Reg. 141/17, s. 31 (2).