Private Approach By-law Review

The City of Ottawa is conducting a review and update of the Private Approach By-law (2003-447), which regulates the construction, use and maintenance of private approaches in the city. A private approach is the part of a vehicle access to private property that is on the City’s right of way (i.e. the portion of a driveway that is on City property). Existing rules for driveways and permits can be found on ottawa.ca/driveways.

Why is the City reviewing this by-law?

The Private Approach By-law has not been fully updated since it was created in 2003. Provincial planning rules have recently changed to support more multi-unit housing and the upcoming zoning changes, if approved, will impact the parking and access options in many areas of the city.

To be consistent, the City is reviewing the Private Approach By-law to identify gaps, align it with the new zoning regulations, and confirm the appropriate permit steps and fees. Walkways in the right of way have also created confusion, so they are being included as part of the review.

Objectives of the review

The updated by-law will set the rules for how driveways cross City land, covering design details, permits and maintenance, while also creating clear direction for walkways. These rules will be consistent with the new Zoning By-law. The City is checking its internal processes to ensure permitting is handled smoothly.

Both property owners and contractors are required to follow the by-law, though some may be unaware of the rules or the potential penalties for non-compliance. This review along with public outreach, is meant to explain the regulations more clearly so everyone understands when and how they can build or change a driveway or walkway.

Features of the by-law

Rules under the Private Approach By-law depend on both the Zoning By-law (2008-250) and Road Activity By-law (2003-445). A private approach permit won’t be issued if the planned driveway does not conform to the zoning, for example, if it is wider than the garage (legal parking space) it serves. After permit approval, construction or alteration cannot start until the contractor doing the work has a road cut permit. The road cut permit ensures that traffic will be managed safely, the street will be reinstated properly, and the contractor carries the required insurance.

The Private Approach By-law currently addresses these topics:

• Permitting requirements and exemptions
• Design (minimum and maximum widths, grade, etc.) and location for:
  • residential;
  • non-residential;
  • farm and field; and
  • temporary access
• Use and maintenance requirements
• Enforcement tools including removal and reinstatement

Guiding policy and principles

The City’s long-term growth plan (Official Plan) directs how the city and neighbourhoods should change over time. Key goals are to prepare for heavier rain and future floods by letting more stormwater soak into the ground and to expand the tree canopy so that trees cover about 40% of the built-up area.

In downtown and nearby older neighbourhoods, the City gives priority to keeping stretches of curb available for on-street parking and leaving front yard space open for trees and landscaping. Because of this, new driveways, or changes to existing driveways, may need to be narrower, shared or avoided altogether.

When allowing a driveway, the City must also make sure that the public land along the street is kept for important functions, keep traffic flowing, and reduce safety concerns for people walking, cycling, driving and working in the right of way.

Why is it important to have rules for the design, location and construction of driveways?

• Tree planting: Every driveway the City allows is less space for large shade trees to grow. The City needs to plant along the street to reach its target for expanding tree cover.
• Snow storage: Over the winter, snow cleared from streets and sidewalks becomes snowbanks on the City boulevard. Residents must clear their own driveways, and this snow gets piled on their property until spring. If driveways are spaced too close together, or a front yard is mostly paved, there is not enough space to store snow over the winter.
• On-street parking: Driveways reduce the amount of parking along the sides of City streets available for anyone to park. On-street parking is mostly used on a short-term basis for access to neighbouring properties or area businesses. In some areas, parking permits are available to residents who do not have access to off-street parking spaces to park on-street for up to 48 hours.
• Soft landscaping and biodiversity: The City has updated the Use and Care of Roads By-law (2003-498) so that residents can replace grass in the boulevard between their property and the road with groundcover alternatives and plant gardens. This adds more variety of plants, benefits wildlife and helps cool neighbourhoods. When we choose pavement and hard materials over plants, the city gets hotter, and we decrease the natural ability to soak up water from heavy rainfalls and melting snow.
• Stormwater management: Stormwater begins as rainfall and melting snow and ice. Stormwater on the ground is called runoff. In developed areas, hard surfaces like driveways cause stormwater to flow through storm sewers to local streams and rivers, often picking up contaminants along the way. Ditches are an important part of the drainage system in many rural communities and some older neighbourhoods. A culvert is a pipe that lets stormwater flow through a ditch under a driveway. If this pipe is designed, built or cared for the wrong way, water can’t soak into the ground properly and can flood or erode your property or your neighbour’s property. Stormwater management benefits all residents by keeping streets and basements dry, local waterways healthy and our drinking water sources clean.
• Traffic flow and road safety: Entrances for businesses, industrial areas, farms and construction sites must be the right size and in the right place. If they are too narrow, too wide or badly located, they can slow traffic around and inside the site and create safety hazards for drivers, cyclists and pedestrians.
• Utilities and infrastructure: Beneath the surface there are water, sewer, gas and communication lines. Aboveground, the boulevard is used for placing fire hydrants, street lighting, hydro poles and traffic signs. Anyone working in the right of way must be qualified, insured and follow safety rules.

What happens next?

Review of the technical aspects of the by-law will continue through the fall. Residents will have an opportunity to hear about the updated by-law and give feedback before staff bring their final recommendations to the Public Works and Infrastructure Committee in 2026.

We welcome the opportunity to answer your questions related to this review. Please send questions through the online tool and staff will get back to you.