Altering a Barn Swallow's habitat

7/28/2019 Altering a Barn Swallow's habitat

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Alter a Structure that is Habitat forBarn Swallow or Chimney Swift

INTRODUCTION

The Ministry o Natural Resources is

streamlining and automating its approvals

processes or natural resource-related

activities with the goal o providing

individuals and businesses with aster and

more efcient service delivery.

This act sheet provides inormation about

regulatory provisions under the Endangered

Species Act (ESA) or the repair,

maintenance and demolition o an existing

structure that is habitat or Barn Swallow

and Chimney Swit.

The ESA provides protection or threatened

or endangered species in Ontario. Some

activities that would otherwise contravene

the ESA may be eligible to proceed

without a permit rom the Ministry o

Natural Resources provided that regulatory

conditions or the ongoing protection o

species at risk and their habitats are met.

ACTIVITIES AFFECTING EXISTING

STRUCTURES: BARN SWALLOW AND

CHIMNEY SWIFT HABITAT

A permit under the ESA is not required or

activities aecting existing structures that

are habitat or Barn Swallow and Chimney

Swit i the individual or business registers

with the Ministry o Natural Resources and

ollows the rules in regulation.

What activities are eligible to proceed

without a permit?

Activities that are part o therepair, maintenance, modifcation,

replacement, or demolition o an

existing structure that provides habitat

or Barn Swallow or Chimney Swit.

Activities that would damage or destroyhabitat that is not part o the existingstructure are not eligible.

ontario.ca/speciesatrisk
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2 Alter a Structure that is Habitat for Barn Swallow or Chimney Swift

What are the rules in regulation?

Persons undertaking eligible activities

must register with the Ministry o Natural

Resources registry called Notice o Activity

and Other Notices under the ESA, and

select the option Barn Swallow and

Chimney Swit Activities in built structures

that are habitat.

A person carrying out an eligible activity on

barn swallow habitat must:

Create replacement habitat includingbuilding new structures or installingnest cups as required, i nests will

be removed, damaged or destroyed

or nesting area will be lost rom the

building or structure.

Create, update, and retain a barnswallow mitigation and restoration

record.

Monitor and report annually on theeectiveness o created habitat.

A person carrying out an eligible activity onchimney swift habitat must:

Create replacement habitat, i thechimney will no longer be suitable as

habitat.

Enhance the existing habitat i thechimney will be unavailable to chimney

swit or one season but will still remain

equally suitable as habitat.

Create, update, and retain a chimneyswit mitigation and restoration record.

Monitor and report annually on theeectiveness o the created habitat.

Please reer to Legal/Technical Background

below or a summary o the regulation.

LEGAL/TECHNICAL BACKGROUND

Activities on Existing Structures: Barn Swallow and Chimney Swift HabitatThe ollowing is a summary o conditions in

the regulation that must be ulflled to allow

eligible activities, and is or inormation

purposes only. Please reer to O.Reg.

242/08 sections 23.5 and 23.8 at

e-laws.gov.on.ca or the ull legal text.

Summary of Conditions for Barn Swallow

General Conditions:

Any nests removed rom the structure,or that will be damaged or destroyed as

a result o the activity must be replaced

with a nest cup on one o the ollowing

locations:

a part o the structure that will notbe aected by the activity and is

suitable or nesting.

a dierent structure that is suitableor barn swallow nesting within 1

km o the structure. a new structure created or modifed

to be made suitable or barn

swallow nesting.

For any nesting habitat removed romthe structure as a result o the activity,

such as demolition, a greater amount o

suitable nesting area must be created

by:

building replacement structures, or modiying other nearby structures

so they are suitable or barn

swallow.

These other structures must be with1 km o the site and within 500 m o

oraging habitat accessible to barn

swallow.


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Avoiding the Barn Swallow Active Season

The barn swallow active season is rom

about the beginning o May until the end

o August o each year. This period o

time should be avoided when carrying out

activities.

The regulation does allow or activities to

occur during the barn swallow active

season i:

measures are taken to keep barnswallow away rom the parts o the

structure aected by the activity

nests on the structure are removed priorto the active season and replaced with

nest cups as above

alternative habitat is made available orbarn swallow by the beginning o May

o the year the activity begins.

Effectiveness Monitoring:

Monitoring o replacement nestingstructures must be done at least once a

year or a period o three years at each

location and include: the number and location o new

nests

an estimate o the number o barnswallow using the structure.

Results o monitoring must be reportedto the Ministry within 3 months o

completing monitoring each year.

Barn swallow mitigation and restoration

records:

Must be completed beore the activitybegins and include steps to minimize

adverse eects including:

the number, location, anddescription (nest cup or natural nest

i applicable) o the barn swallow

nests present on the structure

the amount o suitable nesting areaprovided by the structure

updated as required. In addition, observations o barn

swallow must be reported to the

Natural Heritage Inormation Centre

within three months o completion o

the monitoring. A Species Reporting

Form is available on the Ministry

website at http://nhic.mnr.gov.on.ca/

species/species_report.cfm.

Summary of Conditions for Chimney Swift

General Conditions:

The person must create new habitat orchimney swit i, as a result o carrying

out the activity, a chimney that provides

habitat or chimney swit:

will be destroyed; will be altered so that it no longer

provides suitable conditions or

provides a smaller area; or

will be unavailable or chimney switor more than one chimney swit

active season.

Avoiding the Chimney Swift Active Season

The chimney swit active season is rom

about the end o April until the middle

o October o each year. This period o

time should be avoided when carrying out

activities. The regulation does allow or

activities to occur during the chimney swit

active season i: measures are taken to keep chimney

swit away rom the chimney during the

activity

alternative habitat i required is madeavailable or chimney swit by the end o

April o the year the activity will begin.
http://nhic.mnr.gov.on.ca/species/species_report.cfmhttp://nhic.mnr.gov.on.ca/species/species_report.cfmhttp://nhic.mnr.gov.on.ca/species/species_report.cfmhttp://nhic.mnr.gov.on.ca/species/species_report.cfm


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Effectiveness Monitoring

Monitoring o new habitat created or

chimney swit must be done or either 3 or

5 years depending on use o the habitat by

chimney swit:

Three years o monitoring: i chimneyswits are recorded using the new

habitat within three years o the habitat

creation, no urther monitoring is

required.

Five years o monitoring: i chimneyswits are not recorded using the habitat

within the frst 3 years o monitoring,

two more years o monitoring must bedone.

Chimney Swift mitigation and restoration

records

must be completed beore the activitybegins.

must describe steps to minimizeadverse eects.

must give an estimate o the number oChimney Swit using the structure.

must be updated as required. In addition, observations o chimney

swit must be reported to the Natural

Heritage Inormation Centre within

three months o the completion o the

monitoring. A Species Reporting Form

is available on the Ministry website at

http://nhic.mnr.gov.on.ca/species/

species_report.cfm.

IMPORTANT LINKS

I you do not qualiy to register your

activity, please review permits andother authorizations under the

Endangered Species Act at:

www.mnr.gov.on.ca/en/Business/

Species/2ColumnSubPage/244440.html.

For more inormation about

Ontarios species at risk, visit

ontario.ca/speciesatrisk.

FOR MORE INFORMATION

1-855-613-4256

Email: [email protected]
http://nhic.mnr.gov.on.ca/species/species_report.cfmhttp://nhic.mnr.gov.on.ca/species/species_report.cfmhttp://www.mnr.gov.on.ca/en/Business/Species/2ColumnSubPage/244440.htmlhttp://www.mnr.gov.on.ca/en/Business/Species/2ColumnSubPage/244440.htmlhttp://www.ontario.ca/speciesatriskmailto:[email protected]:[email protected]://www.ontario.ca/speciesatriskhttp://www.mnr.gov.on.ca/en/Business/Species/2ColumnSubPage/244440.htmlhttp://www.mnr.gov.on.ca/en/Business/Species/2ColumnSubPage/244440.htmlhttp://nhic.mnr.gov.on.ca/species/species_report.cfmhttp://nhic.mnr.gov.on.ca/species/species_report.cfm

Altering a Barn Swallow's habitat

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