At the May 28th council meeting I remember someone said that development was inevitable – that person was wrong – the law provides for the protection of wetlands, even when a developer has purchased them.
Municipalities have the important powers to protect their natural environment. If exercised within the proper procedures, the exercise of these powers do not constitute “disguised expropriation”
It is therefore possible, strategically, for a municipality to decide that an area within its territory, which is a particularly rich natural environment, is not to be subject to development, simply by not allowing the infrastructure required to serve the area to be built. (art 116 of the Act)
These provisions of a zoning by-law would not be considered disguised expropriation because the legislature specifically permits it.
Why we should protect our woods in Ste. Anne’s
The Government of of Quebec has gone on record as stating that all existing wooded areas currently on the CMM will be destroyed by 2029 if nothing is done to protect them.
As part of the principle of sustainable development, municipalities must rethink the usual mode of land development that promotes the best use of space strictly for development and therefore pure tax revenue generation, as this type of development results in a net loss of wooded areas, wetlands and wildlife habitat It also tends to increase taxes rather than lower them due to ongoing infrastructure costs as experienced by many communities
Source: Protection of natural environments by municipalities: authorities and arguments. By Maitre Jean-François Girard