Restrictive Covenants

Managing Building Setbacks

Many restrictive covenants contain a restriction that requires an additional setback of buildings from the conservation area (no-touch leavestrip or covenant area). This setback is intended to ensure that property owners are left with enough useable space so they are not tempted to use the protected habitat as their active yard/garden area. It is recognized that there are some structures, such as decks, small sheds, cantilevered extensions and gazebos that may not pose a threat to the covenant area but are still restricted by the agreement. If a small structure of this kind will not impact on the root structure of any trees or shrubs within the restrictive covenant area itself, then the Regional Environmental Stewardship Division will likely not object to their construction.