Regional Plan Rejection

Although approved by Council, the Regional Plan was rejected by the province. On August 8, 2025, HRM received a letter from Minister Lohr saying that there were aspects to the plan "that appear intentionally designed to impede housing. For example: 

• Clauses EN-34, 40, 47: Changing setbacks from 20 to 30 metres. 
• Clause EN-70: Requiring EV-ready parking spaces. 
• Minimal changes in zoning to allow more people to build as-of-right."

This decision affects District 13 directly, as I noted in my previous post on the regional plan, the 30 metre watercourse setback affects how we build on our coastline. The new Regional Plan required a 30-metre setback from watercourses, replacing the previous 20-metre setback, but came with substantial caveats:

• Exceptions and Flexibility: Lots created before 2006 may be allowed to reduce the setback to the greatest extent possible if a full 30-metre buffer is not feasible.
• Lots created between 2006 and the adoption of the new Regional Plan can adhere to the buffer shown on their approved subdivision plans.
• In cases where the 30-metre setback prevents the main use of a property, alternative approaches or a reduced buffer may be considered through a development agreement.

At this time, I still don't understand why this part of the regional plan was flatly rejected. Watercourse setbacks aren't just about protecting the environment, they are about protecting people from the environment. It also comes as a blow as the provincial coastal protection act was scrapped officially by the province in 2024. Further still, I don't know what housing (especially affordable housing) is being impeded by the new setback requirements, especially with the flexibility associated with it. Jillian Ramsey of the Ecology Action Centre said of the proposed watercourse setbacks in the rejected plan in an interview with CBC, "It was almost barely a protection in its own right and it's still being walked back."

I also met with EAC's Nicolas Winkler to gather his thoughts on coastal protection in Nova Scotia and HRM. He had some valuable resources to share, including East Coast Environmental Law's recent report Protecting the Coast: A multi-jurisdictional legislative review (second edition). This report is helpful in placing Canada / Nova Scotia in the global context when it comes to coastal management regulation.

He also highlighted the following points:

• Protects properties from coastal hazards, including erosion, flooding, and storm surge.
• Maintains natural vegetation, which improves the effectiveness of engineered solutions like seawalls or revetments.
• Supports long-term infrastructure resilience and protects property value.

• Precedent exists: The Municipality of the District of Lunenburg uses 30m setbacks with 15m vegetative buffer to maintain coastal integrity.

   

The current 2014 Regional Plan, last amended in May 2025, remains in effect, as the new proposed amendments have not been approved by the province. Over the coming weeks, municipal staff and council will re-engage with the province to determine the next steps on the planning process and ensure the Regional Plan is updated in a way that fulfills the municipality’s obligations under provincial legislation. The timing remains critical, as the rejection is halting existing housing projects in HRM (CBC article here).