Rockbadchild
Elite Member
thanks for that, you demanded it and they did it ? good to know thanks,From my experience with building requests within protected zones, mapping, and the Ontario government, it's less than well informed people using data from unreliable sources, to enforce regulations because it's easier to say no, than to try to work it out for the applicant.
That said, we have built up areas in real flood zones near my area in central Ontario. As a long time volunteer firefighter, I've been to a lot of flooded homes, the same year after year. If flooding is a true risk where you're considering building, take it seriously.
But, after my investigation, the mapping that the Ontario government refers to for these serious determinations is very casual. I was told from within the government that: ".... summer students are hired to use the aerial photos to create the mapping..." [for later use]. Thus, well meaning, but low skilled people are making interpretations which really affect what you want to do, and then a bureaucrat uses those maps without further (qualified) interpretation, to apply the prevailing regulations for better or worse.
I did overcome the Lake Simcoe Conservation Authority, and had their refusal to allow my building overturned. I did that based upon their (I demanded) on site inspection, and review of topographic reality of the land. Based upon that success, I helped a friend with the permit for his garage. But, he is on the bitter edge of a flood zone, and I came to understand it was a matter of feet of location, and the answer would have been a hard no for him.
When you're dealing with the local authority, ask: Are they actually enforcing a regulation, in denying your request? Or, are they interpreting mapping, and making their own decision? If they are blindly enforcing a regulation, you've got a tough path ahead, as they have no motivation to be found to have broken a regulation, particularly when that parcel of land is the subject of a flood complaint in years to come. If they are interpreting, maybe reason can be added to the basis for the decision. Would they accept a berm around the affected area? Or, raise the base height of your barn?
I was told this is the zone (got a screen shot) and you can't built with in it, but when I asked how can they identify where the line is on my propriety they said they wouldn't know, so that beg the question how can they reinforce something without coordinates or elevation. But I can ask about the reinforcement or denied of permit but my guess is they would and at this point I ask too many questions and provided too much information for them to turn a blind eye. When I ask that question it was exactly my thought, it will be for you (the town) to argue it is not at the right location but at the risk to delay my project so I was skeptical to choose that route, I am trying to get all my ducks in a row so a month delay before the project starts won't end well for nobody especially me.
I was told today it is a older ''recycle'' zoning map from their GIS program (not sure what it means or where it came from still) which they simply made a boundary around stream without consideration obviously since they didn't follow the ground topography at all.
thanks for these ideas I will keep these question/options in mind as last resort but I am pushing to get this zone updated as it contradict the topographic / ground elevations and it is physically impossible for the water to reach that point unless major negligence from the MTO or CN (railroad) from culvert blockage, I made the calculation with a 5 inch storm from the whole streams/lake watershed without outflow, absorption or water retention and there is no worry to have so I hope it will be like your case of lake Simcoe.