Every municipality has a different setback from the water for new construction.
Every municipality in Ontario works off the same location no matter how far back they are restricting the building of new cottages. That location is the historic high-water mark. The high-water mark is determined by what the historical level of high water is in your area. Every area can be different. If you are building on the great lakes you would have noticed that they tend to rise and fall up to 4 to 5 feet in less then a 5 year period. That means that sometimes your new cottage will be close to the water where other times (if your waterfront is shallow) the water could be a fair ways away. Every municipality has a different distance from that high water mark.
Finding the historic high-water mark can be done in two different ways depending on the municipality;
- Hire a surveyor to come in and survey the property. They will be able to determine the high-water mark with the actual elevations and also be able to mark for you the location of the high-water mark and the point that is closest (to the water) that you can build a new cottage on paper or PDF to submit to the township.
- Some municipalities do not require a survey as surveys can become costly to people, especially in certain remote cottage areas. If you can identify trees that are large enough to be older then the last time the water hit the high-water mark then you can use the ones that are closest to the water as your mark. You do all your measuring from those trees and the local building department will approve it once they either seen the drawing you have done or visited the site to see the stakes and take some measurements.
There are municipalities in Northern Ontario that still allow you to build cottages within 50 feet of the high-water mark. Where other municipalities in southern Ontario require you to be 100 or even 150 ft from the high water mark.
These setbacks can greatly affect the amount of enjoyable space that you end up with around your cottage. If you cottage is pushed back 150 ft on your lot and you end up near the road then you are kind of defeating the purpose of having a waterfront cottage.
It is easy to find out this distance, either your real estate agent can find out for you or you can make the calls to the local municipalities yourself. The building and planning department will not only be able to tell you the setbacks on the piece of property, they will be able to tell you also what the restrictions are for the size, height and shape of the cottage you are allowed to build on are. That goes for any accessory buildings that you want to construct like garage's, bunkies or storage sheds.
The only way that you can build closer to the water then the municipal setbacks is to buy a piece of property that already has a cottage on it. Most municipalities will allow you to replace an older cottage with a new one and place it in the same place as the existing cottage even if it violates the setbacks from the high-water mark.
Before you make that offer make sure you do your due diligence.
Rob Abbott
Great Lakes Custom Homes
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