Source Water Protection Restricted Land Use Application

New source protection plan policies can affect future development if you live wholly or partially within a wellhead protection area (WHPA) in the City of Hamilton. The Section 59 written notice is now a requirement for anyone who is submitting a planning or building permit application within the WHPA.

If your property lies within a wellhead protection area (PDF, 1.3 MB) in Hamilton, building and planning services will not accept your application without a Section 59 notice.

The restricted land use application must be filled out and submitted to the risk management office for review prior to the submission for a building permit or planning act applications. The information on this application form will help the risk management office determine if a development or building application is subject to Part IV policies under the Hamilton-Halton source protection plan and the Grand River source protection plan.

Any applications determined to require a risk management plan will require further consultation with the risk management official.

Restricted land use application guide

Source Water Protection

Restricted land use application

The information on this application form will help the Risk Management Office-Hamilton Water determine if a development or building application is subject to Part IV policies under the Hamilton-Halton Source Protection Plan or the Grand River Source Protection Plan.

This form should be filled out and submitted for review prior to the submission of a request for a Building Permit or a Planning Act application for properties located wholly or partially within a Wellhead Protection Area in the City of Hamilton.

Potential threats associated with proposed activity

A drinking water threat (defined under the Clean Water Act) is, “an activity or condition that adversely affects or has the potential to adversely affect the quality of quantity if water that is or may be used as a source of drinking water.

Fuel handling & storage

Stormwater management facility - Treatment, retention, infiltration or control of stormwater
Car or truck washing facility
Sewage Treatment Plant effluent discharged (i.e. Lagoons)
Sewer Systems and related pipes

Stormwater Management

Stormwater management facility - Treatment, retention, infiltration or control of stormwater
Car or truck washing facility
Sewage Treatment Plant effluent discharged (i.e. Lagoons)
Sewer Systems and related pipes

Chemical handling & storage

Automotive and automotive related businesses that use paints, degreasers, chemicals etc.
Dry cleaning establishments
Industrial manufacturing and processing using furniture stripping products, paints, chemical processes
Industrial-Strength cleaning agents
De-icing of aircraft

Septic system

Small septic system
Large septic system > 10,000 L/day

Application, handling & storage of road salt

Snow Storage

Waste Disposal

Raw, untreated liquids and solids that are pumped out of a septic system and holding tanks
Disposal of petroleum refining waste, hazardous liquids & industrial waste, municipal waste, Industrial and commercial waste, PCB waste
Mine tailings

Agricultural

Application, handling & storage of fertilizers or pesticides
Application, handling & Storage of agricultural and non agricultural source materials (i.e. manure, Biosolids, unprocessed plant material)
Grazing and pasturing livestock

Water taking

An activity that takes water from an aquifer or surface water body without returning the water taken to the same aquifer or surface water body.

Applicant Declaration

I have read and understood the information stated on this form and that the information included in this application is complete and accurate.

the statements furnished above and in any attached exhibits presents the data and information required for this initial evaluation to the best of my knowledge and the facts, statements and information presented are true and correct to the best of my knowledge and belief. If any of the facts represented here change, it is my responsibility to inform The Risk Management Office.

Applicant Signature

Sign below with your mouse, trackpad or your finger if you are on a touchscreen device.

Notice of Collection

The City of Hamilton collects information under authority of Section 227 of the Municipal Act, 2001. Any personal information collected for the purpose of Section 59 – Restricted Land Uses of the Clean Water Act, 2006 will be used to assist the Risk Management Official in issuing the Notice as required. By providing your email address, you are consenting to receiving emails from the City of Hamilton and/or their agents/contractors for the purposes of Section 59 – Land Use Submission Form – Building & Planning Applications. Information collected for this initiative may be stored on servers located in Canada and may be subject to Canadian laws.

Questions about the collection of this personal information can be directed to the Risk Management Official, Risk Management Office – 100 King Street West, Level 9 Hamilton, ON, L8P 1A2, 905-546-2424 ext. 6099, [email protected]

Date modified

March 27, 2023