Innovative Uses of the Drainage Act

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1 Innovative Uses of the Drainage Act A. D. Latornell Conservation Symposium November 18, 2010

2 TOPICS NOT COVERED TODAY Drainage Act Procedures If interested, there are one-day courses offered next spring

3 Fish Habitat Considerations

4 Natural Channel Design

5 Wetland Drain Restoration Projects

6 Drainage Act defines drainage works as: a drain constructed by any means, including the improving of a natural watercourse, and includes works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake or pond, and includes a dam, embankment, wall, protective works or any combination thereof

7 PROBLEM SOLVING - URBAN DRAINAGE ISSUES

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11 THE ISSUES: Ongoing erosion/bank slumping Ongoing sediment movement downstream Channel 5X larger than original Legal recourse? Who is responsible/liable? Solution will be expensive how to share costs? If solution is implemented, who s s responsible to ensure that it continues to function?

12 Property owner petitioned under Drainage Act Project still in development County of Brant, but all the development is in the City of Brantford Working with the GRCA Working with Parrish Geomorphology for a natural channel design approach Ability to cost-share share Municipality responsible for future maintenance

13 PROBLEM SOLVING - WATERCOURSE MANAGEMENT

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15 PROBLEM SOLVING WATERCOURSE MANAGEMENT The Issue: Obstructions on natural watercourses Flooding of land Complaints to CA and/or the municipality The Challenges No clear authority under the CA Act or Municipal Act to undertake the work No right of entry onto property No ability to recover costs Liability removal of one obstruction may transfer the problem to a downstream property owner

16 Drainage Act a a drain constructed by any means, including the improving of a natural watercourse Drain in South Crosby Twp (Rideau Lakes) Outletted and terminated in a wetland Beaver dams and other obstructions In cooperation with the local CA and municipality, drain was extended through wetland to outlet in lake NO CHANNELIZATION Authority to remove obstructions Municipality now responsible for management

17 PROBLEM SOLVING - WETLAND RESTORATION

18 PROBLEM SOLVING WETLAND RESTORATION The Issue: Private landowner activities in the wetland (prior to new CA regulations) Flow in receiving river adversely impacted Function of existing wetland adversely impacted The Challenges CA received some funds to undertake work, but: Insufficient funds to complete the work No right of entry onto private land to complete work Ongoing maintenance of the system

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23 PROBLEM SOLVING WETLAND RESTORATION The Issue: Landowner petitioned, but does not meet majority criteria in the Drainage Act; project has not proceeded However, it can be used as the vehicle Cost-sharing sharing Right of entry onto land Compensation for land CA could contribute existing funds to project Natural channel design techniques could be used Legal existence through municipal by-law

24 PROBLEM SOLVING -BUFFERS

25 PROBLEM SOLVING BUFFERS Buffers are to be encouraged for a variety of reasons The Issue: Private landowners have purchased land; may not want to voluntarily donate land for buffer Buffer agreements Enforcement of agreements? Agreement termination? Who manages the buffer?

26 - Incorporate buffer strips along drain

27 PROBLEM SOLVING BUFFERS A Solution: Incorporate buffers as part of a project under the Drainage Act: Landowners are compensated Buffer has legal existence through a municipal by-law Municipality has authority to enter land to manage Municipality has authority to enforce No end date

28 When the music changes, so does the dance African Proverb quotes

29 THE MUSIC HAS CHANGED! For Engineers Practising under the Drainage Act: Increased public involvement of drainage work; greater likelihood of challenges Greater municipal and public accountability (e.g. purchasing policies, F.O.I.) Agricultural Drainage Infrastructure Program policies Fisheries Act Conservation Authorities Act & regulations Endangered Species Act Species at Risk Act Provincial Policy Statement - Wetlands Ontario Water Resources Act Clean Water Act Ontario Heritage Act

30 The Issues: Projects are initiated by landowners; very little detail provided on what the owners Some representatives from environmental agencies assume the worst and react accordingly Sometimes engineers are appointed to respond to a petition but are given very little direction on the project; occasionally the engineer will initiate work & incur costs only to discover that the project cannot proceed

31 Objectives of Project Scoping Meeting: Have a clear understanding of the issues from the landowners perspective Have a clear understanding of the resources and environmental issues Develop direction or a terms of reference for the appointed engineer Minimize cost and duplication

32 What Should Trigger a Project Scoping Meeting? New drain affecting a regulated wetland Drain improvement affecting a regulated wetland Project affects species at risk and/or habitat Project affects significant fish habitat Other?

33 Who Initiates the Meeting? Municipal drains are municipal projects Need for project scoping meeting can be identified by environmental agencies Meeting can only be called by the municipality When Should the Meeting Be Held? After response received from environmental agencies Before the engineer is appointed

34 Suggested Meeting Participants Municipal representative (drainage superintendent) One or two key property owners Depending on the issue(s), representatives from: Local conservation authority Fisheries and Oceans Canada Ministry of Natural Resources Optional participants: OMAFRA representative Municipal council member Interest groups The engineer (if already appointed)

35 THE CHALLENGE FIND THE BALANCE: For the environmental agencies: Overcome the distrust of the Drainage Act Allow rural property owners to achieve the drainage that is so necessary Do so in an economical manner For the agricultural/drainage industry: Think beyond a single purpose drainage channel Encourage biodiversity Change our thinking and approach to improved channel design

36 There are things I can t force. I must adjust. There are times when the greatest change needed is a change of my viewpoint. Denis Diderot quotes (French man of letters and philosopher, ) When you re finished changing, you re finished. Benjamin Franklin quotes (American Statesman, Scientist, Philosopher, Printer, Writer and Inventor )