Removal of native aquatic vegetation from shore lands
 10. (1) A person is not required under paragraph 5 of subsection 2 (1) to obtain a work permit to remove, by mechanical means or by hand, native aquatic vegetation from shore lands located in the area set out in Schedule 2, if the person complies with the requirements set out in subsection (2). O. Reg. 239/13, s. 10 (1). (2) The requirements referred to in subsection (1) are the following: 1.  The person is the owner of waterfront property that is, i.  adjacent to the shore lands where the removal of native aquatic vegetation is to be carried out, or ii.  separated from the shore lands where the removal of native aquatic vegetation is to be carried out only by a road allowance or a strip of public lands. 2.  The person carries out the activity in accordance with the following requirements: i.  The activity must be carried out within the straight line production of the sidelines of the waterfront property. ii.  The area to be cleared must comply with the requirements of subsections (3) to (9) with respect to its shape, dimensions and location. iii.  All cut or uprooted native aquatic vegetation must be immediately and permanently removed from the water. iv.  In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines. v.  Wheeled or tracked machinery or equipment used in connection with the activity, A.  must be used on dry land or used from a barge or vessel, B.  must be operated from dry land or operated from a barge or vessel, and C.  must be stored on dry land or stored on a barge or vessel. vi.  Any aquatic vegetation that is removed as a result of the activity and any other material that results from the activity, including sediment and debris, must be disposed of on dry land and in a manner that prevents the aquatic vegetation or other material from entering or re-entering any lake, river, stream or pond. O. Reg. 239/13, s. 10 (2); O. Reg. 160/17, s. 8 (1); O. Reg. 286/21, s. 7 (1). (3) The area to be cleared must be any one of the following: 1.  A main area described in subsection (4). 2.  A channel area described in subsection (5). 3.  A combination of both a main area and channel area referred to in paragraphs 1 and 2. O. Reg. 239/13, s. 10 (3). (4) The main area to be cleared must not exceed the following dimensions: 1.  If the frontage of the waterfront property is less than or equal to 22 metres, the maximum width must not be more than 8 metres and the maximum distance off shore must not be more than 30 metres. 2.  If the frontage of the waterfront property is more than 22 metres, the maximum width must not be more than 15 metres and the maximum distance off shore must not be more than 30 metres. O. Reg. 239/13, s. 10 (4). (4.1) For the purposes of subsection (4), in the case of a parcel of land described in clause (b) of the definition of “waterfront property” in subsection 1 (1), the frontage shall be determined by measuring the length of the boundary between the lake, river, stream or pond and the road allowance or the strip of public lands, as the case may be, within the straight line production of the sidelines of the parcel. O. Reg. 160/17, s. 8 (2); O. Reg. 286/21, s. 7 (2). (5) The channel area to be cleared must meet the following requirements: 1.  The channel area must form a channel that runs perpendicular to the shoreline and has a width not exceeding 6 metres, measured parallel to the shoreline. 2.  The width of the channel area must be entirely within the maximum width of the main area described in subsection (4). O. Reg. 239/13, s. 10 (5). (6) If the area to be cleared was previously cleared, the following applies: 1.  The area to be cleared must comply with the following requirements: i.  in the case of a main area, the requirements of subsection (4), or ii.  in the case of a channel area, the requirements of subsection (5). 2.  Subject to subsections (7) to (9), the location of the area to be cleared must comply with the following requirements: i.  The area to be cleared must be located entirely within the area previously cleared, if the dimensions of the area to be cleared are less than the dimensions of the area previously cleared. ii.  The area to be cleared must overlap entirely with the area previously cleared, if the dimensions of the area to be cleared are equal to the dimensions of the area previously cleared. iii.  The area to be cleared must include the entire area previously cleared, if the dimensions of the area to be cleared exceed the dimensions of the area previously cleared. O. Reg. 239/13, s. 10 (6). (7) If the area to be cleared was previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 10 (7). (8) If the area to be cleared was previously cleared under an exemption under this section, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read as references to the area previously cleared under the exemption. O. Reg. 239/13, s. 10 (8). (9) If the area to be cleared was previously cleared under an exemption under this section and was also previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read, at the option of the person referred to in paragraph 1 of subsection (2), (a)  as references to the area previously cleared under the exemption; or (b)  as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 10 (9). (10) For the purposes of this section, “cleared”, in relation to an area, means an area from which native aquatic vegetation is removed. O. Reg. 239/13, s. 10 (10). Transition