Appeals to the Ontario Land Tribunal (OLT)

Ontario’s Planning Act is the provincial legislation that governs land use planning in Ontario and provides the legal foundation for the tools that planners and municipalities use to make land use planning decisions.

Sometimes people do not agree with the decisions of the Municipality. The Planning Act provides opportunities to appeal decisions made by the Municipality about certain land use planning matters to the Ontario Land Tribunal (OLT).

The Ontario Land Tribunal (OLT) is an independent adjudicative tribunal responsible for resolving appeals and applications on a variety of contentious municipal and land use planning matters.

There are limits on appeals and only those who make a written submission or verbal representation at a public meeting are able to appeal.

To learn more about the Ontario Land Tribunal, go to Ontario Land Tribunal | Citizen’s guide to land use planning | ontario.ca

Below are current appeals of the Municipality’s decisions to the Ontario Land Tribunal.

"Natural Vegetative Buffer" (Bylaw 2022-005)

Since 2004, the Municipality’s Comprehensive Zoning Bylaw No. 2004-035 required a 15 metre natural vegetative buffer be maintained along the shoreline with no exception for clearing for access to the water.

The Municipality of Hastings Highlands is a part of the County of Hastings. The County of Hastings updated their Official Plan in 2017. Subsections 26(9) and 27(1) of the Planning Act required Council to amend Bylaw 2004-035 Comprehensive Zoning Bylaw to conform with the County of Hastings Official Plan. Bylaw 2022-005 was presented to Council to amend the Municipality’s Comprehensive Zoning Bylaw to conform with the natural vegetative policies in the County of Hastings Official Plan.

Bylaw 2022-005 “Natural Vegetative Buffer” was passed by Council on May 4, 2022 to amend the Municipality’s Comprehensive Zoning Bylaw No. 2004-035 to require a 30 metre natural vegetative buffer to be maintained along shorelines, with an exception to clear up to 25% or 23 metres (75 feet), whichever is lesser, of shoreline frontage.

An appeal of Bylaw 2022-005 was received by the Municipality and has been submitted to the Ontario Land Tribunal.

To view a full copy of the Ontario Land Tribunal Decision re: Hastings Highlands Shoreline Preservation Bylaw 2022-005 visit Ontario Land Tribunal Decision – Case No. OLT 22-003939.