Encroachment

“Encroachment” means any type of vegetation, structure, building, installation, object or item of personal property which is placed by a neighbour or extends from a neighbour’s property onto City property whether the item(s) are above ground, at ground level or below ground level. Some common types of Encroachment include:

• fences
• sheds
• stairs, porches, decks, accessibility ramps
• retaining or ornamental walls
• snow-melting / de-icing systems, sprinklers
• landscaping such as gardens, shrubs, hedges, trees, rocks
• awnings, signage

Why is Encroaching a Problem?

The City’s property is used in many ways. It creates passive and active public spaces, safe passage for pedestrians and vehicles, space for maintenance operations and utilities, etc. Encroachments can block access to utilities, interfere with City operations, or be a safety hazard.

How Do I Avoid Encroaching?

• Locate your property line using a survey and look for any items outside the boundary.
• Any changes made beyond your property line into the City’s property are considered an Encroachment.
• It’s a common misconception that property lines extend to the edge of the adjacent sidewalk or road. In many cases, the City’s property extends beyond the edge of a sidewalk and includes lands between the sidewalk and your property line (see below).

What happens if I Encroach on City property?

Encroachments are regulated in the City Lands Encroachment Bylaw (2009)-18799.
If you knowingly or unknowingly Encroach on City property without permission, you may receive a Notice requiring alteration and/or removal of the Encroachments. If you fail to comply with the Notice you may be subject to penalties and removal at your expense.

Exemption – Boulevard Gardens

Under the City’s Lands Encroachment Bylaw residents are permitted to install gardens on City-owned boulevards without an Encroachment Agreement, as long as they meet specific terms of the Bylaw. Allowing soft landscaping on boulevards contributes to Healthy Landscapes and the beautification of Guelph’s streets while supporting sustainability and biodiversity.

Prior to the installation and maintenance of a boulevard garden or boulevard alterations, please review the Bylaw. Generally, boulevard gardens comply if:

• Plants, shrubs and hedges remain 0.8m in height or shorter.
• Hard landscaping (ie. garden edging, rocks, brickwork, paths, etc.) is level with (not above or below) the ground – example: a driveway or walkway.
• No shrubs or hedges are located between the road and sidewalk, and, if there’s no sidewalk, not within 1m of the road or a fire hydrant.
• Plants within 1m of a fire hydrant must remain 0.3m in height or shorter.
• No plants, shrubs or hedges overhang a sidewalk, ditch or shoulder/curb.
• Tree branches overhanging a sidewalk must be taller than 3m.
• All other items on City property, including planting trees, require approvals through a permit or written agreement.

All other items on City property, including planting trees, require approvals through a permit or written agreement.

Trees

If you want to plant a tree on City property, seek Approval by contacting [email protected].
You can ask the City to plant a free tree in front of your property. Information on making a request is located here.

Call Before you Dig!

There may be utilities or services underground that can’t be seen from the surface. By law, you must call Ontario OneCall at 1-800-400-2255 before you dig.

Exemption – Encroachment Agreements

In addition to compliant Boulevard Gardens other items (eg. raised hard landscaping) may be permitted through an Encroachment Agreement.
 
Encroachment Agreements provide permission for items that would otherwise be prohibited to exist on City owned lands. Some common types of Encroachments that may qualify for an Encroachment Agreement include:

• Buildings
• Building Fixtures: Stairs, Porches, Decks, Accessibility ramps
  Awnings, Signage
• Hard Landscaping items:  Fences, Retaining or Ornamental walls, Rocks, Snow-melting / de-icing systems, Sprinklers
• Sheds

In order to qualify for an Encroachment Agreement, Encroachments must not interfere with City operations or pose other hazards and need to be compliant with any other applicable laws, such as City Zoning, Property Standards and Sign By-laws and Ontario Minimum Maintenance Standards for Municipal Highways.
 
Examples of compliance requirements from other applicable laws include:

The Ontario Minimum Maintenance Standards for Municipal Highways require a clearance of 0.45m or more from the edge of the sidewalk so hard raised landscaping items in the boulevard should be set back at least this far.

The City Zoning Bylaw has specific requirements for fence heights and sightlines so front yard fences in a boulevard need to be compliant with these requirements. 

How to Apply for an Encroachment Agreement

1. Complete the Encroachment Agreement application form
2. Acquire or create a sketch that meets the requirements for Encroachment sketches outlined below.
3. Review the insurance requirements outlined below and ensure you have or can obtain the required insurance to meet the City specifications to provide to the City.
4. Attend City Hall Customer Service to:
   • Deliver the Application package; and
   • Pay the Application Fee.

If you are unable to attend City Hall in-person and require an accommodation, please email [email protected] to discuss your request.
 
For more information on Encroachment Agreements, please review the City Lands Encroachment Bylaw (2009)-18799.

What are the Sketch requirements?

For complicated Encroachment Agreements, it is recommended that the sketch be prepared by a licensed Ontario Land Surveyor.

Please make sure the sketch or drawing:

• Is computer generated or hand-drawn in Black ink
• On White paper – either Letter size (8.5 inches x 11 inches), Legal size (8.5 inches x 14 inches) or Ledger size (11 x 17) format
• Is Legible / Readable – Minimum 8 pt. size font
• Has a blank 1-inch border – i.e. contain no writing or drawing lines 1 inch from any edge of the page
• Shows:
  • The municipal address
  • All property boundary lines in proximity to the Encroachment Area with labels identifying them as property boundary lines
  • All Street names in proximity to the Encroachment area
  • The location of all street infrastructure (i.e. trees, utility boxes, fire hydrants, etc.) in proximity to the Encroachment Area with labels identifying the type of the infrastructure
  • All encroaching items on the City lands with labels identifying the encroachments
  • Measurements in meters of:
    • Encroaching items (indicating length x width x height)
    • Distances from Encroaching items to street infrastructure (sidewalk, fire hydrant, trees, utility boxes, etc.)
    • Distances from Encroaching items to Property lines
• For non-residential properties only, the total Encroachment Area(s) in square meters

Sketches / Drawings will not be accepted if they: 

• Mix Meters and Feet
• Include aerial images (i.e. Google Maps)
• Include aerial images (i.e. Google Maps)
• Use copyrighted materials without authorization
• Use colour

What are the insurance requirements?

A comprehensive insurance policy with a minimum General Liability Coverage of Two Million ($2,000,000.00) Dollars per occurrence to protect the Property Owner and the City.

The insurance policy is required to name “The Corporation of the City of Guelph” as an additional insured and include a clause that requires the insurer to provide at least thirty (30) days’ notice to the City if the policy is cancelled, lapsed or materially changed.

Evidence of the foregoing insurance, satisfactory to the City, is required before the City will sign an Encroachment Agreement.

What happens when I submit the Application?

Realty initiates a multi-departmental circulation for review and comment on your application to identify any potential operational impacts, hazard concerns or compliance issues.

Following circulation, Realty will advise the applicant if the application is approved and may proceed to an Agreement as submitted or if any there are items that will not be permitted or other issues to be addressed and provide guidance to resolve the concerns. Any items of concern will need to be addressed before an application is approved and an Agreement will be created.

When the Application is approved to proceed to an Agreement, an Agreement will be prepared by Realty staff and provided to the Applicant for review. If the Applicant wishes to proceed, Realty staff will:

• Require proof of insurance
• Provide an invoice for payment of applicable fees in accordance with the User Fees Bylaw Number (2009) – 18799 (as amended) including:
• • Agreement processing and registration fees; and
  • Make arrangements for the property owner to sign the agreement  

The City will only accept physical original signatures (ink on paper) or scanned copies of same or electronic signatures through DocuSign.

Once the property owner has signed the Agreement, the insurance is received and the invoice is paid, the City will sign the Encroachment Agreement and register the Agreement on the title of the owner’s property.  The registered copy will be provided to the property owner.

If annual fees apply, they are due on the anniversary of the Agreement date every year and the property owner is responsible for arranging to ensure they are paid on time.

What happens if I sell my property?

An Encroachment Agreement cannot be transferred or assigned to a new property owner and existing owners are not automatically released from their Encroachment Agreement upon the sale of the property.  In order to end your responsibility for the Encroachments, you will need to terminate your Encroachment Agreement and pay applicable fees to have it discharged from title to the property.

If the new owner wishes to retain the Encroachments, arrangements to apply for a new Encroachment Agreement should be made with Realty staff in advance of the sale and termination of the existing Encroachment Agreement to ensure continuous permission. The current status of the Encroachments and the Encroachment Area will be reviewed. If there are no changes to the Encroachments shown on the existing sketch and they are in good condition, the application by the new owner will not require payment of an Application Fee or circulation process. The new owner will still be required to provide proof of required insurance, pay relevant agreement and annual fees and sign their new agreement. If the new owner doesn’t wish to retain the Encroachments, they should be removed, the City’s property should be restored and the existing Encroachment Agreement terminated prior to sale of the property.  For more information or assistance on how to deal with Encroachments in a property sale, please contact [email protected].

What happens if I want to alter, add or remove Encroachments?

Your Encroachment Agreement covers only those Encroachments shown on your sketch in the exact dimensions and locations in which they are shown, it is not a blanket permission for encroachment on City lands. If you want to add, alter or remove Encroachments, you will need updated approval from the City.

In addition to specific approval of the Encroachments, some works may require permits or other permissions such as a road occupancy permit, demolition/building permit, zoning variance, etc.  Please contact [email protected] in advance of any work for review of your information and guidance to obtain necessary approvals.

Alterations, Additions or Partial Removals

For approval of any alterations, additions or partial removals, you will need to submit a new sketch that shows the proposed layout following completion of the intended alterations. If the proposed changes are extensive or otherwise require a full circulation for approval, you will be required to pay a new application fee. If the changes are approved, you will be required to sign an Encroachment Amending Agreement and pay applicable fees for preparation and registration of the Encroachment Amending Agreement in accordance with the City’s User Fee By-law. For non-residential encroachments, if there is a change in the size of the Encroachment Area, annual fees may also be impacted.

Complete Removal of All Encroachments

If you wish to terminate your Encroachment Agreement, you are required to first remove all Encroachments and restore the City’s lands and then provide the City with written notice of termination. The City will then proceed to release the Encroachment Agreement from title to your property and you will be invoiced for the applicable fees in accordance with the City’s User Fee By-law. 

For more information

Realty Services
[email protected]