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You can send any questions or concerns to necgeorgetown@ontario.ca or necowensound@ontario.ca, and our staff will respond as quickly as possible.

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Niagara Escarpment Commission (NEC)

Development Permit Applications

A Niagara Escarpment Development Permit is similar to a municipal building permit. The difference is that a Niagara Escarpment Development Permit considers the impact of a development proposal on the Escarpment landscape and natural environment. The objective is to design and situate development in an environmentally compatible way.

The Niagara Escarpment Plan (NEP) protects the Escarpment’s unique ecological, historic and scenic qualities. To ensure that the Escarpment’s natural resources, ecosystem health and scenic landscape are protected, Niagara Escarpment landowners are required to obtain a development permit for certain types of development within the Area of Development Control in R.R.O. 1990, Regulation 828.

Applications for Development Permits can include:

  • proposals for new single dwellings or additions/renovations to them
  • infrastructure including roads and pipelines
  • quarries
  • sand and gravel pits
  • lot creation
  • agriculture including on-farm diversified uses and agriculture-related uses and the establishment of wineries
  • irrigation or recreational ponds
  • altering the grade of land including the importation of excess soil
  • changes in the use of any land, building or structure (including but not limited to commercial, industrial or institutional uses)

Please note that applying for and receiving Development Permits is a process that takes into consideration many factors. Provide as much information as possible when applying.

Follow this guide to determine if your development needs a Niagara Escarpment Development Permit in order to proceed.

Learn if your property is within the Niagara Escarpment Plan and if your development is exempt before applying.

Step 1: Find Your Property

Is your property within the boundaries of the Niagara Escarpment Plan?

Use our interactive map to determine if your property is located within the Niagara Escarpment Plan Area and/or Area of Development Control. If it is, you may need to apply for a Development Permit with the NEC. The technology to convert the maps on this page to an accessible format is not currently available. These maps may not be compatible with screen reader software. If you are unable to access these maps, please contact necgeorgetown@ontario.ca or necowensound@ontario.ca.

Notes 

  • This interactive map and its content are made available by the Niagara Escarpment Commission as a public service without warranties of any kind, expressed or implied. 
  • The Niagara Escarpment Plan area and area of Development Control shown in the interactive map is for illustrative purposes only.  For accurate interpretation, refer to Niagara Escarpment Plan area and/or the Development Control Area.  
  • The Niagara Escarpment Plan Designation boundaries shown in the interactive map are approximate and subject to confirmation through site inspection and the application of the “Interpretation of Boundaries” section of the Niagara Escarpment Plan.
  • The technology to convert the maps on this page to an accessible format is not currently available.  These maps may not be compatible with screen reader software.  If you are unable to access these maps, please contact necgeorgetown@ontario.ca 
NEP Interactive Map

Step 2: Review Exemptions

Is your development exempt from the requirement to obtain a permit from the NEC?

Many common projects are exempt from the requirement to obtain a Development Permit as long as some standards are met. These projects include interior and exterior changes to an existing structure, pools, additions septic, decks, accessory structures, some tree removal, and solar panels.

Below are a number of common exemptions that would apply if:

  • They are being done on a lot with an associated existing dwelling
  • The proposed new development would not violate a condition of an existing Development Permit that you may already have

It is the responsibility of the property owner to ensure that all requirements are met for the exemption. Proceeding with development where a permit would be required may result in compliance actions.

If you are unsure if your proposed activities can meet the criterial below, please see section R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

  • If a pool is limited to 93 square metres (1001 square feet) of water surface area, the edge of the water surface is at least 2.5 meters from the nearest lot line, and municipal fencing and safety requirements are met, it is exempt from the requirement of a Development Permit.
  • If a hot tub is limited to 13 square meters (139 square feet), the edge of the water surface is at least 2.5 meters from the nearest lot line, and municipal fencing and safety requirements are met, it is exempt from the requirement of a Development Permit.
  • If the swimming pool, spa or hot tub is located on a lot containing part of the Escarpment brow formed by a rock cliff, the water must be set back at least 10 metres from the location of the brow.
  • Any associated pump, filter or heater for a pool, spa or hot tub must be at least one metre from the nearest lot line.
  • Decks built as attachments with the pool are exempt from the requirement of a Development Permit as well.

If you are unsure if the above wording applies to your development or not, please see Section 5(16) of R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

  •  If your project will not increase the size or height of the structure, and will not change its use, it is exempt from the requirement for a Development Permit.

Definition of "use": Current legal (permitted) use of the land, building or structure. Examples:

  1. If the current use of a dwelling is as a residence for a single family a change in use would be establishing a secondary dwelling (self-contained dwelling) within the single dwelling.
  2. If the current use of an existing detached garage is for storage of vehicles and equipment accessory to a dwelling, a change in use would be converting the garage into a workshop or studio to offer sales of goods and services.

If you are unsure if the above wording applies to your development or not, please see Interior / Exterior Sections 5(4) and 5(4.1) or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

An addition to your existing dwelling may be exempt if:
  • Including the new addition, there will be no more than 93 square metres (1001 square feet) of combined additions to the original dwelling
  • The height of the addition does not exceed the original dwelling or 7.5 meters, whichever is greater
  • The addition meets the following setbacks:
    a. The addition is no closer than 4.5 meters to the side lot line
    b. The addition is no closer than 7.5 metres to the rear lot line, and
    c. The addition is no closer than 15 metres to the front lot line.
  • Where the original dwelling is closer to the lot line than one of these setbacks, the addition cannot be any closer to the lot line than the original dwelling.

If you are unsure if the above wording applies to your development or not, please see Additions Section 5(11.1) R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

  • If you are repairing, maintaining, replacing or decommissioning an existing private sewage disposal system which is intended to service only the lot on which it is located, it is exempt from the requirements of a permit from the NEC.

If you are unsure if the above wording applies to your development or not, please see Septic Section 5(14) R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

The construction of a new deck, porch, patio or veranda may be exempt if:
  • The total of all decks, porches, patio’s, verandahs (etc.) after completion of the new one, do not exceed a total footprint of 56 square metres
  • If the property has Escarpment brow (rock cliff formation) located on it the deck, porch, patio and verandas must be set back 10 metres from the brow
  • The distance from the new deck, porch etc. is no closer than one metre from the side lot line
  • The distance from the new deck, porch, etc. is no closer than 7.5 metres to the rear lot line
  • The distance from the new deck, porch, etc. is no closer than 10 metres to the front lot line

Please contact NEC staff directly by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca to confirm if your Escarpment brow is deemed a "rock cliff."

If you are unsure if the above wording applies to your development or not, please see Decks etc. Section 5(21) R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

Accessory structures are things that are “accessory” to the use of your dwelling, such as sheds, garages, and bunkies.

You can build/place or erect a new accessory structure so long as the following criteria are met:

  • The accessory structure is not located closer to the front lot line than the existing dwelling or 15 metres, which ever is less.
  • The new accessory structure is not closer than one metre from any side or rear lot line
  • The total combined area of all accessory structures including the new structure, on your property, will not exceed 72 square metres or 5% of your total lot area, whichever is less
  • The height of the new accessory structure is not more than 4.5 metres to the highest point (peak of roof)

If all of these conditions are met, then the new accessory structure would be exempt from the requirement from a Development Permit.

If you are unsure if the above wording applies to your development or not, please see Accessory Section 5(11.3) R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

  • Mounted solar panels or solar water heating systems that are flush to the roof of any building or structure are exempt from the requirement of a Development Permit

If you are unsure if the above wording applies to your development or not, please see section Solar Panels 5(37) R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

If you want to remove all or part of a building or other structure on your property, you may do so without a Development Permit if:

  • The total floor area (including all levels) of the dwelling or building does not exceed 93 square metres (1001 square feet)
  • The dwelling, building or structures is not:
    • Designated under the Ontario Heritage Act as being of historical or architectural value or interest
    • You have not been told that the building is going to be designated under the Ontario Heritage Act
    • Is not recognized by the municipality as being historically or architecturally significant (you can check with the municipality)
  • You restore the site following removal by levelling the ground and covering it with topsoil
  • All waste from the demolition is taken to an approved waste disposal site and not stored or buried on site

If you are unsure if the above wording applies to your development or not, please see Section 5(20) R.R.O. 1990, Regulation 828 or consult with NEC staff by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

Step 3: Submit Application

Apply using the new NEC Information System portal.

If your property is within the Niagara Escarpment Plan area and your development is not exempt, visit the NEC Information System portal and follow the instructions to provide your information. Consult the NEC Information System User Guide for further direction.

Two guidance documents have been developed to support you in completing an online application. Please refer to the Technical Criteria for Pre-consultation and Applications for detailed guidance on the type of information you require to complete an application, and the NEC Information System User Guide for technical guidance on how to navigate the NEC Information System

The planner will write a report recommending approval if:

  • your proposal is a “permitted use” in the Plan
  • your proposal meets the policies and development criteria of the Plan
  • other agencies are satisfied and support the application

Applications that are not in conflict with the Niagara Escarpment Plan and that are non-complex or routine in nature may be given an approval at staff level.  Applications that do not comply with the Plan, or have been objected to by a consulted agency, or deal with developments already commenced without a Development Permit must go before the Niagara Escarpment Commission at a scheduled meeting.

Upon approval of a development permit application, there will be conditions attached.

Please note that other permissions, approvals or authorizations may be needed from landowners, agencies or different levels of government (for example, a conservation authority, municipality, another ministry or the federal government).

The number and type of conditions will depend on the complexity of your application.

If you are a business performing infrastructure work (telecommunications, easements, roadways, etc.) please reach out to the NEC directly at necgeorgetown@ontario.ca or necowensound@ontario.ca.

APPLY NOW

If you have questions about your application process, contact NEC directly by emailing necgeorgetown@ontario.ca or necowensound@ontario.ca.

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