Since 2011, the City has operated a robust basement flooding protection subsidy program for flooding due to rain. New municipal infrastructure solutions are currently being investigated through the Sewer and Coastal Flood Protection Master Plan process. This Master Plan will also include recommendations regarding Low Impact Development on private and public properties. The City, the Town of Tecumseh and ERCA are working on the Upper Little River Master Plan Environmental Assessment dealing with stormwater management. In response to development pressures the City and ERCA have retained a consultant to update the flood plain mapping for the entire Little River Watershed. In addition, the City has a Community Control Group (established pursuant to the Emergency Management and Civil Protection Act and its regulation) developing an Overland Flooding Preparedness Plan that will outline emergency management measures that could be undertaken during a flood event.

Discussion:

There are many different approaches to flood abatement. Solutions range from simple to complex and from inexpensive to multi million dollar projects. Methods can include property maintenance, new municipal infrastructure, coordinated studies between local governments and agencies, development of emergency management measures during floods and the installation of new infrastructure on private property.

Property maintenance can include items such as flood-proofing buildings by sealing or filling in openings susceptible to flooding, sand bagging, or installation of items like Floodstop/Floodfence Barriers.

To implement a by-law to enable the City to engage in flood abatement activities on private property, two separate circumstances should be considered: solutions undertaken with the consent of the property owner, and solutions undertaken with the involuntary participation of a property owner.

With voluntary participation of property owners

Where a property owner requests or consents to flood abatement works on their property the City could implement the provisions of the Local Improvement Regulation O. Reg. 586/06 under the Municipal Act. O. Reg.586/06 contains provisions allowing the local improvement process to be implemented in order to construct private improvements on private property. These improvements could include flood abatement activities like shore protection works along a body of water. This process would involve an agreement between the property owner and the City regarding various issues, such as the nature of the work, engineering and other consulting services, construction costs and the timing of the payment of the local improvement charges related to the work. Engineering costs, construction costs, interest on borrowed funds, and other costs associated with the work can be included in the local improvement charges. Local improvement by-laws can be passed to implement this process either on an individual property basis or as part of a larger area program.

Although Windsor has a long history of implementing the provisions of O. Reg. 586/06 for municipal infrastructure, the City has no experience with this process in relation to private property to date. Other Ontario municipalities such as Toronto have used this legislation for improvements to private property, although not necessarily for flood abatement measures.