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BUYER INFO>>> Talbot Trail Information...

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DID YOU KNOW that “Ontario Regulation 152/06” sets out the regulations for development along Lake Erie in Chatham-Kent?

The Lake Erie bluff along the Talbot Trail from Charing Cross Road to Wheatley is now regulated to allow for 100 years of erosion and a stable slope.  The Conservation Authority considers this to be the ‘critically’ regulated area.  The 100 year erosion allowance in this area is 35 metres and the stable slope allowance provides for a 3 to 1 slope.  The stable slope allowance varies based on the bluff height.  Therefore with typical bluff heights of 18 to 23 metres the stable slope allowance will be 54 to 69 metres.  These distances are measured from the toe of the slope of the bluff.  In addition to this critically regulated area, the LTVCA regulates an additional 15 meters which could total up to 116 meters (331 ft.).  It is importanty to understand that this regulated area starts from the toe of the slope and mnot the rear property line which is likely already under water.

Prior to the implementation of the regulation in May of 2006 many lots were severed using a setback from the top of the bank of 55 metres.  To provide time for these lots to be built upon the Conservation Authority is considering the ‘critically’ regulated area to be 55 metres (180 ft.) from the top of the bank until MAY of 2011.


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Brian Keenan
Real Estate Sales Representative
Cell  : 519-365-6090
Office: 519-354-5470


D-Day has come and gone and the rules for building on Vacant Lots along the Talbot Trail waterfront bluffs have changed. Effective May1st, 2011 MOST waterfront lots along the Trail, whether they are severed or not, became subject to a stricter critically regulated area for building.  The Conservation Authorities Act, specifically Ontario Regulation 152/06, sets out the regulations for development along Lake Erie's shorelines in Ontario and takes precedent over local zoning by-laws that may differ. 

The regulation sets the Critically Regulated Area along the Talbot Trail cliffs at 3 times the height of the bluff (which varies from 20 to 23 meters) or approximately 66 metres (216 ft.) PLUS a 100 year erosion allowance of 35 meters (115 ft.) which totals about 331 meters (331 ft).  IN ADDITION  the LTVCA adds another 15 meters (49 ft.) for a TOTAL REGULATED AREA of 116 meters (380 ft.) that is measured from the toe of the cliff to the south side of the proposed house or structure.  In addition, the municipal building code requires 9 meter (30 ft.) setback from the front property line. There are only a  limited number of vacant waterfront lots that a new home may be built on and still comply with both the Conservation Authorities Act regulations and Chatham-Kent zoning bylaws, such as the minimum front yard setback and minimum gross floor requirements.

The ACT allowed for property owners to apply for a site plan approval prior to May 1st, 2011 based on the older, less restrictive setback rules.  If requested and granted, this provision gave the property owner, or any purchaser of such property, 24 months to obtain a building permit and commence construction on the property.  Some, but certainly not all, of the owners of these vacant lots did obtain this approval from LTVCA. 

So what does all this mean to owners or potential buyers of existing waterfront homes along the Talbot Trail?  At a minimum, these homes should, in the short term, hold their value and even increase in value through the current recession.  Over the long haul, and especially during the post-recession period, these waterfront properties should out perform most other local real estate markets.  In other words, buying an existing home or building a new home on a vacant lot along the Talbot Trail waterfront is a sound investment.

Waterfront property has always been in strong demand, especially when it is in close proximity to urban areas.  Limited supply helps preserve the value of waterfront property investment; and here in Southern Ontario, government regulations have dramatically cut the supply of lots eligible for new construction.  What you are left with is a classic, high demand, low supply scenario along the Talbot Trail.


Brian Keenan - Sales Representative
Royal LePage Peifer Realty
34 Raleigh St., Chatham, ON  N7M 5K6   
Office: 519-354-5470  Fax: 519-354-5747  Cell: 519-365-6090
Broker of Record -
 Brian Peifer
Offices in Chatham and Blenheim