Some development on lands within the Niagara Escarpment Plan (NEP) are exempt from the Developmental Permit Application process. Landowners within the NEP are encouraged to use the following Exemption Fact Sheet to see if their development is exempt and approval from NEC is not needed.
For more information, read R.R.O. 1990, Regulation 828 which lists the classes of development that are exempt from the requirement of obtaining a Development Permit.
Self Assessment: Is your septic system exempt?
The maintenance, repair, replacement or decommissioning of a private sewage disposal system is exempt if the system services only the lot on which it is located. This means that a system may be replaced, repaired or upgraded if required. A new system required on a lot that did not have one previously, is not exempt.
This exemption does not include the following:
- A new septic system on a lot without a dwelling
- A new septic system on a lot where one had not been previously
- A new septic system for an accessory structure
- A new (replacement) or upgraded septic system for a new dwelling or an addition to an exiting dwelling that is not also exempt
Please note the following:
- Your self evaluation is your confirmation that the development meets the exemption criteria. 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.
- A replacement of a septic system can include upsizing for new code or for the extent necessary to accommodate an exempt addition.
5. The following classes of development, if listed as permitted uses under the land use policies established in the Niagara Escarpment Plan and not in conflict with a development permit issued under the Act, are exempt from the requirement of obtaining a development permit:
14. The maintenance, repair, replacement or decommissioning of a private sewage disposal system that services only the lot on which it is located.
(Excerpt from R.R.O. 1990, Regulation 828)
Do you meet the exemption criteria?
If you meet all criteria, you do not need a Development Permit to proceed.
- A letter confirming your exemption will not be issued by the Niagara Escarpment Commission.
- You can use this page in discussions with your local municipality or conservation authority if permits are needed from them.
- An exemption does not relieve you of any other permission (e.g., Ontario Building Code, Endangered Species Act, Ontario Regulation 172/06 established under the Conservation Authorities Act, etc.).
If you fail to meet all criteria, a Development Permit is required.
- To initiate a Development Permit Application log into the NEC Information System Portal. Use the NEC Information System User Guide for more information.
If you have questions about the application process, contact NEC directly by emailing nec@ontario.ca.