Updates to the City of Ottawa Use and Care of Roads By-law 2003-498

Modernizing the City of Ottawa Use and Care of Roads By-law 2003-498 will provide residents with more gardening opportunities abutting their property, versus the grass treatment currently observed. The current provisions do not allow for the removal of grass and require the owner of land zoned residential to cut the grass and weeds in the ROW abutting their land.

There are a host of benefits in having more gardening options, some of which include:

• Encouraging naturalization, pollinator gardens, and biodiversity while avoiding monocultures
• Increasing drought and soil erosion resistance
• Preventing heat-island effects
• Reducing fertilizer, pesticide, and herbicide usage
• Improving stormwater retention
• Conserving water
• Promoting climate change resiliency
• Promoting mental and physical health benefits

The current City of Ottawa Use and Care of Roads By-law does not permit the installation of a Little Free Library within the ROW.

The benefits of permitting Little Free Library installations within City of Ottawa ROW’s can include:

• Increasing a sense of community
• Improving literacy rates
• Ensuring affordability as these resources are free for all users
• Providing access to different reading materials
• Providing a means to recycle used books

With limited indoor capacities during the COVID-19 pandemic, the City gave the opportunity to retailers to expand their sales capacity by issuing café seating style permit to allow them to sell their merchandise on the sidewalk as part of the 2022 Patio Innovation Program. To allow a pop-up retail vending program in perpetuity, amendments to the City’s Use and Care of Roads By-law are required. Staff are working to develop a clear and simplified approach to permit pop-up retail display and vending within the ROW. Simplified alternative approaches to allow for limited daily retail display and vending in the ROW are being reviewed and evaluated to provide a more appropriate solution for business operators going forward. Staff will be engaging with the public, retail community and internal stakeholders to develop appropriate standards and process for pop-up retail display and vending. Given the outcomes of this review, staff will propose either a new pilot program for 2023 with subsequent reporting or permanent amendments to the Use and Care of Roads By-law.

The proposed regulations consider that ROW areas have multiple uses across many users. ROW’s are used by motorists, cyclists, pedestrians, and utility providers such as gas, water, hydro, and telecommunications. Utilities may be housed above or below the ground within the ROW, and there is often maintenance activity within ROW’s which can include utility work, City maintenance, or City capital projects. Modernizing the Use and Care of Roads By-law will provide residents with more gardening options, while also ensuring that the ROW remains safe and accessible to City operations, utilities, and other users.

Having reviewed other Canadian municipalities and comparing best practices, staff are proposing a non-permit approach. By-law requirements and guidelines will set the parameters for gardening opportunities within the ROW. The intended result is that residents may undertake gardening projects within the abutting ROW, subject to the by-law terms and guidelines, without having to obtain permission from the City.

Residential Gardening within the ROW
Proposed Regulation	Explanation
Only soft landscaping to be permitted.	-Promotes opportunities for diversity of vegetation and contributes to climate resiliency. -Hard landscaping materials such as pavers and other impervious materials risk decreasing the permeable surface. -Hard landscaping materials such as riverstone or gravel risk creating a tripping hazard if they wash onto the sidewalk, and can impede snow clearing operations.
Noxious weeds and Invasive Species will not be permitted.	Noxious weeds and invasive species are proposed to be those defined in the Ontario Invasive Species Act, as well as the Ontario Weed Control Act.
Consumables (vegetables, fruit, herbs, nuts & seeds, etc) will not be permitted.	At this time it is not being proposed to permit consumables (the growing of food) within the City’s ROW. The City may consider reviewing this policy in the future as it relates to improving food security.
Only hand-digging will be permitted for the installation of residential gardens.	To ensure the protection of underground utilities such as gas lines, hydro lines and telecommunication cables as well as tree roots, mechanical excavation is not proposed to be permitted.
A resident may only install a residential garden within the ROW directly abutting their own property, unless written permission is obtained from the neighbouring property owner.	Currently, residential property owners are required to cut the grass on the ROW abutting their property. Under the proposed regulations for resident gardening within the ROW, residential property owners would also be responsible for any gardening within the ROW abutting their property. Because of this, written permission from the neighbouring property owner must be obtained before the installation of any ROW garden abutting that property.
No gardening within a ditch will be permitted.	Ditches are designed to move stormwater out of a neighbourhood. Any modification to a ditch can result in impacts to the ditch’s ability to move stormwater and provide adequate drainage of the area. Information on ditch and the City’s maintenance of these areas can be found at: Ditches and Drains | City of Ottawa
No plants will be permitted to exceed a maximum height of 0.75 metres.	A maximum height limit is proposed to help ensure the safe movement of vehicles in and out of driveways. The proposed height limit is the same as is currently found in the City of Ottawa’s Zoning and Fence By-laws related to the maximum height of visibility triangles for corner lots.
No residential gardening will be permitted within one (1.0) metre of the edge of roadway where no curb exists.	To ensure parking is unencumbered on streets with no curb. It is not proposed to allow residents to garden to the edge of the roadway where no curb exists. Additionally, this will help to reduce the potential impact on residential gardens from snow clearing operations and salt damages.
Sidewalks must remain clear and unobstructed.	To allow for unobstructed and accessible use of City sidewalks, no residential garden may grow onto or over a sidewalk.
Proposed minimum distance from existing elements within the ROW
Residential gardening must not be located within one (1.0) metre of a City tree as measured from the trunk.	A minimum distance from a tree trunk is proposed to help ensure the critical root zone of the tree is protected.
Fire Hydrants – ROW gardening will not be permitted within a 1.5 metre radius of a fire hydrant, as well as within a three (3.0) metre wide corridor from the fire hydrant to the roadway.	This ensures that fire hydrants remain readily accessible in the event of an emergency, as well as accessible for any required maintenance. City of Ottawa Water By-law No. 2019-74, as amended, requires fire hydrants be kept clear in accordance with the minimum distances proposed.
Hydro Transformers – ROW gardening will not be permitted within a 1.5 metre radius at the back or sides of a hydro transformer, as well as a three (3.0) metre wide corridor from the front of a transformer to a ROW gardening project.	This ensures that hydro transformers remain readily accessible in the event of an emergency, as well as accessible for any required maintenance. This follows Electrical Safety Authority guidelines Planting Under or Around Powerlines & Electrical Equipment (esasafe.com).
Catch basins and manholes – Residential gardening will not be permitted within 1.5 metres of a catch basin and manhole.	This proposed setback helps to ensure that City maintenance operations are not impeded, and that the necessary equipment can be brought in for access.
Utility Infrastructure other than a hydro transformer (e.g., Gas and Telecommunication pedestals, grade level boxes, hydro poles, guide wires) and City signage - Residential gardening will not be permitted within one (1.0) metre of utility infrastructure and City signage.	This proposed setback ensures sufficient space for access and maintenance of utility infrastructure and assists in preventing damage.
OC Transpo Bus Stops – Residential gardening will not be permitted within the area of an OC Transpo bus stop as shown below:	The proposed setbacks from OC Transpo bus stops are proposed to ensure the continued safe operation of OC Transpo services, including the maintenance and operation of bus stops.

In addition to the proposed regulations, residents must be aware of the following:

1. In accordance with provincial law, utility locates must be obtained for all ROW gardening projects and Little Free Library Installations by contacting Ontario OneCall Ontario One Call – Click Before You Dig.
2. Please remember that ROW lands are City owned property, with multiple utilities running underground. There may be ROW maintenance activities, aboveground or underground work taking place within the ROW.
3. No permit is required when a residential garden is planted in accordance with the proposed regulations.
4. Any person undertaking residential gardening within the City’s ROW does so at their own risk and that person is responsible for garden maintenance, upkeep and removal.
5. The City cannot guarantee the success of, nor will it maintain any residential garden within the ROW.
   1. Should the City, or a utility company require access to install, maintain or repair infrastructure, neither the City nor the utility company will be responsible for replacing or reinstating a residential garden.
   2. Upon receiving notice of any planned work within the right of way, residents should inquire about the work and take steps to remove any plantings if necessary.
6. Residents can inquire with the City and utility companies about opportunities to have the ROW reinstated with soil instead of grass or seed to allow the resident an opportunity to replant their ROW garden.
7. Where a residential ROW garden planted in accordance with the proposed regulations presents a safety, operational, or drainage issue, the City may require the alteration or removal of the residential garden by the resident.
8. If you are not the owner of the abutting residential property, make sure to get their written permission first before installing a garden within the ROW that abuts their property.

In addition to the proposed regulations, residents must be aware of the following:

1. A signed letter of acknowledgement must be submitted to the City before a Little Free Library may be installed within the City’s ROW.
2. Any person installing a Little Free Library within the City’s ROW does so at their own risk and is responsible for its installation, maintenance, upkeep and removal.
3. Installation should not be over top of any subsurface utilities.
4. Should the City, or a utility company require access to install, maintain or repair infrastructure, a resident may be required to remove a Little Free Library and neither the City nor the utility company will be responsible for any damage to the Little Free Library, or its replacement or re-installation.
5. Where a Little Free Library installed in accordance with the proposed regulations presents a safety, operational or drainage issue, the City may require the alteration or removal of the Little Free Library by the resident.

In addition to the proposed regulations, residents must be aware of the following:

1. A signed letter of acknowledgement must be submitted to the City before retail display and vending may take occur within the City’s ROW.
2. Any person operating retail display and vending within the City’s ROW does so at their own risk and is responsible for its installation, maintenance, upkeep and removal on a daily basis.
3. Where a pop-up retail vending area is installed in accordance with the proposed regulations presents a safety, operational or drainage issue, the City may require the removal of the retail vending or display area.
4. Retail display and vending will not be permitted if it interferes with City operations including but not limited to snow removal.

FAQ’s

• What is a Right of Way?
  • This term refers to the City-owned portion of a piece of land. It is often wider than the roadway or sidewalk and can include an extensive grass boulevard. In addition to the asphalt roadway the ROW includes space for sidewalks, boulevard trees, as well as above and underground utilities. The extent of the City’s ROW can be determined through a Plan of Survey, or through the City’s geoOttawa program as a guide to illustrate the boundary of the City’s ROW and your property.
• What if a utility company or the City of Ottawa is undertaking work within the Right of Way where I have installed a gardening project or a Little Free Library?
  • When re-instating, the City or utility may leave the area in a state for the resident to re-plant, (providing soil only). With the exception of emergency work, the utility company or City of Ottawa will advise the resident in advance of planned work within the ROW. When you receive this notice, you should reach out to the contact on the notice to determine if you need to remove any of your garden items or Little Free Library. Neither the City, or a utility company will save and re-instate gardens or Little Free Libraries installed by residents.
• What if my garden or Little Free Library has been damaged within the ROW?
  • Gardening projects and Little Free Libraries are the responsibility of the abutting property owner.
• What if a gardening project or Little Free Library installed within the ROW is abandoned?
  • Similarly to the existing Use and Care of Roads By-law today, responsibility for maintenance and removal of gardening projects or Little Free Libraries will be with the abutting property owner.
• What if I want to install a garden or Little Free Library that does not meet the requirements set out in the by-law?
  • Should you wish to undertake a gardening project or a Little Free Library installation that does not fit the outlined requirements, you can reach out to ROWADMIN@Ottawa.ca to determine if your request can be accommodated. You may be required to enter into an agreement and obtain additional permits and approvals including obtaining appropriate insurance.
• What if I want to plant a tree within the ROW?
  • Residents are not permitted to plant trees within the ROW. The City of Ottawa Forestry Services Branch is responsible for planting trees on all City property including the ROW, please visit Trees in Trust | City of Ottawa for more information on having a City tree planted in the ROW abutting your property.
• Do I require a permit or have to contact the City of Ottawa before initiating a gardening project?
  • No, residents would not be required to obtain a permit to complete gardening projects in the ROW, so long as the proposed by-law regulations and guidelines are followed.
• Do I require a permit or have to contact the City of Ottawa before installing a Little Free Library?
  • Yes, residents would be required to complete and sign a letter of acknowledgement with no associated fee (to be located on Ottawa.ca) that outlines Library owner contact information, library location, as well as other obligations and requirements as outlined in the signed acknowledgement.
• What am I permitted to plant in the ROW?
  • Residents will not be permitted to plant noxious weeds or invasive species as defined by the Weed Control Act, R.S.O. 1990, c. W.5 (ontario.ca) and the Invasive Species Act, 2015, S.O. 2015, c. 22 (ontario.ca). Furthermore, staff are proposing that plantings not exceed 0.75m in height to ensure that sightlines are maintained for vehicles entering or exiting driveways.
• What if I have an existing gardening project or Little Free Library that will not comply with the proposed regulations?
  • Should the regulations be approved by City Council, all gardening projects and Little Free Libraries within the ROW would need to comply.
• Do I require locates before beginning a gardening project or installing a Little Free Library within the ROW?
  • Yes, anytime work is done within the ROW (including hand-digging), utility locates are required. Provincial law requires you to always contact Ontario OneCall Ontario One Call – Click Before You Dig
• What is soft landscaping?
  • Organic materials and vegetative in-ground plantings such as ornamental flowers and grasses, and may also include some accessory ground cover, such as mulch or similar pervious material located in and around plantings. This excludes non-organic surfaces such as artificial grass. (Note: Please see FAQ on food growing).
• Can I grow food (vegetables, fruit, nuts or seeds) within the ROW?
  • No, at this time it is not being proposed to permit the growing of food within the City’s ROW. The City may consider reviewing this policy in the future as it relates to improving food security.
• What does hand-digging only mean?
  • Hand digging means the use of hand tools only. This helps to mitigate the risk of damaging telecommunications, gas, hydro, or City services to your home. No mechanical and or automated tools are permitted for digging within the ROW. Before you dig, remember to always contact Ontario OneCall Ontario One Call – Click Before You Dig. It is provincial law to ensure that locates are in place prior to any digging within the ROW.
• Can I install riverstone, rocks, pavers, bricks, or other hard materials?
  • No, these are considered hard landscaping items and are not permitted to be installed within the ROW. These items present a safety hazard as they may get caught or become projectiles in snow clearing equipment, or present a trip / fall hazard. In addition, the City does not want residents to alter stormwater drainage with impervious materials.
• Can I place mulch in and around my ROW garden?
  • Yes, mulch is an acceptable material to place around plantings and fits within the definition of soft landscaping.
• As a tenant, can I undertake a gardening project or install a Little Free Library within the ROW, abutting my residential property?
  • Yes, however tenants must receive written permission from their landlord in order to undertake gardening projects or Little Free Libraries within the ROW. The Use and Care of Roads By-law states that the owner of lands zoned residential is responsible for cutting the grass / weeds on an abutting boulevard. The owner will also be responsible for any gardening projects or Little Free Libraries abutting their residential property.
• Can I undertake a gardening project or install a Little Free Library in the ROW abutting a neighbour’s property?
  • Yes, with written permission from the neighbouring property owner.
• Am I allowed to alter the grading of the ROW with my gardening project?
  • No, gardening projects may not alter existing grading as they may result in drainage issues on your own or neighbouring properties.
• Can I undertake a gardening project in a ditch?
  • No, altering a ditch or bio-swale is not permitted, they are installed and graded with purpose to allow for the natural movement of stormwater, winter run-off and drainage. City maintenance staff also frequently dig-out ditches which would ruin any gardening projects.
• Can I install a Little Free Library on my property instead of the ROW?
  • Yes.
• Can I use planter boxes or a raised garden bed within the ROW?
  • No, planter boxes or raised garden beds are not currently nor proposed to be permitted within the ROW.
• Can I install an irrigation system within the ROW?
  • No, irrigation systems are not permitted to be installed within the ROW.