Alter a Structure that is Habitat for Barn Swallow or Chimney Swift

INTRODUCTION The Ministry of Natural Resources is streamlining and automating its approvals processes for natural resource-related activities with the goal of providing individuals and businesses with faster and more efficient service delivery. This fact sheet provides information about regulatory provisions under the Endangered Species Act (ESA) for the repair, maintenance and demolition of an existing structure that is habitat for Barn Swallow and Chimney Swift. The ESA provides protection for threatened or endangered species in Ontario. Some activities that would otherwise contravene the ESA may be eligible to proceed without a permit from the Ministry of Natural Resources provided that regulatory conditions for the ongoing protection of 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 for activities affecting existing structures that are habitat for Barn Swallow and Chimney Swift if the individual or business registers with the Ministry of Natural Resources and follows the rules in regulation. What activities are eligible to proceed without a permit? Activities that are part of the repair, maintenance, modification, replacement, or demolition of an existing structure that provides habitat for Barn Swallow or Chimney Swift. Activities that would damage or destroy habitat that is not part of the existing structure are not eligible.

ontario.ca/speciesatrisk

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What are the rules in regulation? Persons undertaking eligible activities must register with the Ministry of Natural Resources registry called Notice of Activity and Other Notices under the ESA, and select the option Barn Swallow and Chimney Swift Activities in built structures that are habitat. A person carrying out an eligible activity on barn swallow habitat must: Create replacement habitat including building new structures or installing nest cups as required, if nests will be removed, damaged or destroyed or nesting area will be lost from the building or structure. Create, update, and retain a barn swallow mitigation and restoration record. Monitor and report annually on the effectiveness of created habitat. A person carrying out an eligible activity on chimney swift habitat must: Create replacement habitat, if the chimney will no longer be suitable as habitat. Enhance the existing habitat if the chimney will be unavailable to chimney swift for one season but will still remain equally suitable as habitat. Create, update, and retain a chimney swift mitigation and restoration record. Monitor and report annually on the effectiveness of the created habitat. Please refer to Legal/Technical Background below for a summary of the regulation.

LEGAL/TECHNICAL BACKGROUND Activities on Existing Structures:

Barn Swallow and Chimney Swift Habitat

The following is a summary of conditions in the regulation that must be fulfilled to allow eligible activities, and is for information purposes only. Please refer to O.Reg. 242/08 sections 23.5 and 23.8 at e-laws.gov.on.ca for the full legal text. Summary of Conditions for Barn Swallow General Conditions: Any nests removed from the structure, or that will be damaged or destroyed as a result of the activity must be replaced with a nest cup on one of the following locations: a part of the structure that will not be affected by the activity and is suitable for nesting. a different structure that is suitable for barn swallow nesting within 1 km of the structure. a new structure created or modified to be made suitable for barn swallow nesting. For any nesting habitat removed from the structure as a result of the activity, such as demolition, a greater amount of suitable nesting area must be created by: building replacement structures, or modifying other nearby structures so they are suitable for barn swallow. These other structures must be with 1 km of the site and within 500 m of foraging habitat accessible to barn swallow.

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Avoiding the Barn Swallow Active Season The barn swallow active season is from about the beginning of May until the end of August of each year. This period of time should be avoided when carrying out activities. The regulation does allow for activities to occur during the barn swallow active season if: measures are taken to keep barn swallow away from the parts of the structure affected by the activity nests on the structure are removed prior to the active season and replaced with nest cups as above alternative habitat is made available for barn swallow by the beginning of May of the year the activity begins. Effectiveness Monitoring: Monitoring of replacement nesting structures must be done at least once a year for a period of three years at each location and include: the number and location of new nests an estimate of the number of barn swallow using the structure. Results of monitoring must be reported to the Ministry within 3 months of completing monitoring each year. Barn swallow mitigation and restoration records: Must be completed before the activity begins and include steps to minimize adverse effects including: the number, location, and description (nest cup or natural nest if applicable) of the barn swallow nests present on the structure

the amount of suitable nesting area provided by the structure updated as required. In addition, observations of barn swallow must be reported to the Natural Heritage Information Centre within three months of completion of 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 for chimney swift if, as a result of carrying out the activity, a chimney that provides habitat for chimney swift: will be destroyed; will be altered so that it no longer provides suitable conditions or provides a smaller area; or will be unavailable for chimney swift for more than one chimney swift active season. Avoiding the Chimney Swift Active Season The chimney swift active season is from about the end of April until the middle of October of each year. This period of time should be avoided when carrying out activities. The regulation does allow for activities to occur during the chimney swift active season if: measures are taken to keep chimney swift away from the chimney during the activity alternative habitat if required is made available for chimney swift by the end of April of the year the activity will begin.

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Effectiveness Monitoring Monitoring of new habitat created for chimney swift must be done for either 3 or 5 years depending on use of the habitat by chimney swift: Three years of monitoring: if chimney swifts are recorded using the new habitat within three years of the habitat creation, no further monitoring is required. Five years of monitoring: if chimney swifts are not recorded using the habitat within the first 3 years of monitoring, two more years of monitoring must be done. Chimney Swift mitigation and restoration records must be completed before the activity begins. must describe steps to minimize adverse effects. must give an estimate of the number of Chimney Swift using the structure. must be updated as required. In addition, observations of chimney swift must be reported to the Natural Heritage Information Centre within three months of the completion of 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 If you do not qualify to register your activity, please review permits and other authorizations under the Endangered Species Act at: www.mnr.gov.on.ca/en/Business/ Species/2ColumnSubPage/244440.html. For more information about Ontarios species at risk, visit ontario.ca/speciesatrisk.

FOR MORE INFORMATION 1-855-613-4256 Email: mnr.rasc@ontario.ca