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Land Use Permits for Docks, In-water Boathouses and Other Off-lot Structures

Context/Background
The Algonquin Provincial Park Cottage Lot Policy (2018-2038) outlines several terms and conditions related to on-lot structures including cottages, sleep cabins and ancillary structures (e.g., decks, gazebo’s, sheds). Almost all cottagers have structures that are not located on the cottage lot (i.e., off-lot structures), however, which are not addressed within the policy. The vast majority of these structures are docks, but also include in-water boathouses or off-lot land structures (e.g., utility transmission poles and corridors, driveways or water lines).

Off-lot structures are not captured under the cottage lot occupational authority (i.e., the cottage lot lease or licence of occupation) and are required by the Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) to have separate occupational authority for them to be considered authorized and enable the Ministry to issue work permits or other permissions related to them.

To address this, changes were recently made to Ontario Regulation 347/07 under the PPCRA enabling the Ministry to issue a land use permit (LUP) for these off-lot occupations, and establishing the terms and conditions regarding the size, type and location of structures that may be permitted. An administrative update to the Algonquin Provincial Park Management Plan has also been completed to reflect the regulatory amendments. An updated version of the amended plan is available on the main Algonquin cottage toolkit page or by clicking here.

The Cottage Lot Program will now work with cottagers to ensure that all off-lot structures are authorized by a LUP and meet the terms and conditions in the regulation. This fact sheet will help cottagers understand the terms and conditions for a LUP and explain how to apply for one. This fact sheet is intended to summarize the terms, limits and conditions outlined in section 38 of Ontario Regulation 347/07 and as such, the regulation remains the official source of those terms, limits and conditions.

Please Note: Cottagers will need to apply for and obtain a LUP by March 31, 2022 for any off-lot structure associated with their cottage lot.

Questions related to LUPs should be directed to the Cottage Lot Program by email (algonquin.cottages@ontario.ca) or phone (705-645-7436).


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Table of Contents

  • Types of Off-lot Structures that May be Permitted
  • Limits, Terms and Conditions for Water Structures
  • Limits, Terms and Conditions for Land Structures
  • Source Lake Docks, Boathouses and Boat Sheds
  • How to Apply for a Land Use Permit
  • Will There Be Additional Rent for LUPs?
  • Is the LUP Transferrable?
  • What if I Don't Apply for a Land Use Permit?

Types of Off-lot Structures that May be Permitted

The regulation will enable the Ministry to issue a LUP for both water structures (docks, swim rafts and boathouses) and land structures (such as utility transmission poles and driveways).

Water Structures
LUPs for water structures may include existing or new docks and swim rafts, as well as existing in-water boathouses or boat ports; requests for new or expansions to existing in-water boathouses or boat ports will not be approved. Other in-water structures (above or below the surface) including floating inflatable water toys (e.g., water trampolines) are not eligible for a LUP and are not permitted.

Land Structures
LUPs for land structures are limited to structures that are necessary to support the occupation and use of the cottage lot and that cannot be placed on the cottage lot. For example, a LUP can be issued for a utility pole or utility line that is owned by the cottager because they support the delivery of electricity or other services to the cottage lot. Similarly, a driveway connecting a public or forest access road to the cottage lot supports access to a cottage lot that is designated as “road access”.

A LUP cannot be obtained for ancillary structures that are not required to support the occupation of the lot such as tent platforms, gazebos, decks or saunas, nor will a LUP be issued to accommodate new or expanded cottages or sleep cabins or any other structures with kitchen, sleeping or washroom facilities.

A LUP may also be issued for a land structure that cannot be placed on-lot due to topography. For example, if a sewage system cannot be placed on the cottage lot because it would not be possible to achieve a minimum water setback of 15 m (as required by the Building Code), then the Ministry may issue a LUP to enable the sewage system to be located off-lot. Similarly, if a cottage lot is situated on a very steep bluff or cliff, and it is not possible or practical to pump water directly up the cliff, then a LUP could be issued to permit the placement of a water line and a small shelter for a pump off-lot where topography would allow for water to be pumped up to the cottage.


Limits, Terms and Conditions for Water Structures

Docks and swim rafts associated with each cottage lot will be limited to a combined total area of 30 m2 (323 ft2). However, to provide cottagers time to reduce their overall combined dock area to this limit, cottagers may apply for and obtain a LUP with a maximum combined dock area of 60m2 (646 ft2). Cottagers will then have to ensure that the total combined area of all docks and swim rafts associated with their cottage lot is reduced to no more than 30 m2 by December 31, 2023.

The area of each dock and swim raft will be measured using a bird’s eye approach; the area of the dock as seen from above, and will include portions of the dock entirely over the water and portions that may be anchored to or partially on shore. In some instances, portions of the dock may extend a significant distance onto shore and could be considered as “decks” and included in the ancillary footprint of the cottage lot (which is capped at 44m2), but only where the portion considered in this matter is entirely located on land, as determined by the Ministry.

A LUP may be issued for existing crib, pole or floating docks, but no new or replacement crib docks will be approved.

A LUP may be issued for an existing in-water boathouse or boat port so long as it does not include any kitchen or washroom facilities or sleeping accommodations. The footprint of the in-water boathouse will not be included in the combined total area for docks associated with the cottage lot, however, any dock or similar structure attached to the outside of the in-water boathouse will be included in the total.

Water units must be situated as close as reasonably possible to the cottage lot and will not be authorized in locations further than is practically necessary and not more than 100 m from the cottage lot, except in the situation of Source Lake (see section related to Source Lake).


Limits, Terms and Conditions for Land Structures

As outlined above, off-lot land structures are limited to those necessary to support the occupation of the cottage lot, or where a necessary structure (such as a sewage system) cannot physically or legally be located on-lot.

In the case of driveways, a LUP may be issued to authorize an existing driveway or road that is used exclusively to access one or more cottage lots. New driveways or roads will not be authorized.

In the case of utility lines or poles, a LUP may be issued where a utility corridor is located off-lot and the hydro line provides power from the corridor to a single cottage lot or where Hydro One deems the line to be owned by one or more cottagers.

A LUP may be issued for a sewage system only when the sewage system cannot be placed on the cottage lot because a minimum water setback of 15 m cannot be met. An LUP may be issued for existing class 1, 2 or 4 sewage systems but only for new class 1 or 2 systems (outhouses and grey water pits).

Land structures approved under a LUP may not have kitchen, washroom or sleeping facilities except for an approved off-lot outhouse.

New land structures will require a water setback of 30 m unless otherwise approved by the Ministry.


Source Lake Docks, Boathouses and Boat Sheds

A LUP may be issued for an existing land or water structure that is located near the Source Lake public access point. This includes boat sheds (on-land boathouses), in-water boathouses and docks. These structures may be authorized to remain under the LUP but may not be replaced or expanded in any way. The area of the docks located here will contribute to the total combined footprint for all docks associated with the cottage lot.

How to Apply for a Land Use Permit

To apply for a LUP, cottagers will need to complete and submit an Application for Land Use Permit, which is available HERE. The LUP can only be held by one person, and that person must be listed on the lease or licence of occupation for the associated cottage lot.

Cottagers may have more than one off-lot structure, but where possible, the Ministry will issue one LUP that authorizes all the off-lot structures associated with each cottage lot. Cottagers should carefully review the section above (Types of Off-lot Structures That May be Permitted) to ensure that they are applying for all off-lot structures associated with their lot. It is the responsibility of the cottager to ensure that all off-lot structures have been identified and be approved by a LUP by March 31, 2022. The Cottage Lot Program is aware of structures such as docks and boathouses but may not be aware of things such as hydro lines.

To obtain the LUP, each structure being approved by the LUP must meet the terms and conditions of section 38 of the regulation. Depending on the structure(s) being approved, and whether the survey has included the structure(s), the Cottage Lot Program may need to conduct an on-site inspection to ensure compliance with the regulation prior to issuing the LUP. This means that LUPs may not be issued prior to spring when Cottage Lot Program staff can visit the cottage lot to verify that all structures meet the terms and conditions.


Will There Be Additional Rent for LUPs?

Rents will not be charged for these LUPs.

Is the LUP Transferrable?

A LUP is not transferrable to another person. If the holder of the LUP was to pass away or be removed from the lease or licence for the cottage lot, or if the cottage lot improvements are sold outright and the lease or licence transferred to a new person or persons, then a new LUP will have to be issued.

What if I Don't Apply for a Land Use Permit?

The Ministry is providing cottagers two seasons to become compliant with the terms and conditions for their existing off-lot structures and apply for a LUP. After March 31, 2022, the Ministry will consider these structures as unauthorized occupations and require cottagers to remove them. Failure to remove the structures at that time could result in charges.