Landscape encroachments on city boulevards

This notice is regarding landscape features within the City owned boulevard that may be affected by the reconstruction of Waterloo Street and part of Moore Avenue South.

The City recognizes and appreciates the landscaping work of property owners to maintain their property. Unfortunately, where landscaping extends onto municipal land, the City must exercise its right of access to complete essential construction activity. This includes the excavation of vegetation, topsoil, subsoils, hardscape features (i.e. decorative fencing, posts, lights, edging, etc.), retaining walls or other material on municipally-owned land that is necessary to reconstruct public infrastructure.

In general, private alterations to the City’s boulevard are prohibited, with the exception of certain landscaping that complies with section 5.5 of By-law 2014-054, a By-Law to Regulate Work on Highways and Boulevards. Frequently residents are unsure about where the property line separating the boulevard from private property is. Although not precise in all circumstances, the following rules of thumb can be used as a guide:

Waterloo Street, North side: Property line is between 0.05 and 0.25 metres from edge of sidewalk, depending on location.
Waterloo Street, South side: Property line is between 0.75 and 1.05 metres from edge of sidewalk, depending on location.
Moore Avenue South, West side: Property line is between 1.25 and 1.55 metres from edge of sidewalk, depending on location.
Moore Avenue South, East side: Property line is between 1.25 and 1.55 metres from edge of sidewalk, depending on location.

During a road reconstruction project, the City will address private landscaping on City property in the following manner:

Advanced notice prior to construction will be provided via mail and newsfeed updates on Engage Waterloo so that residents have an opportunity to remove and/or salvage any landscaping features you wish to reinstate after construction (i.e. where the landscaping complies with the requirements of Section 5.5, such as herbaceous plants less than 45 cm in height or inorganic ground cover less than 19 mm in diameter, etc.).

Advance notice of the start of construction will be provided via mail to affected residents in the late winter/early spring of 2024. This will contain the anticipated start date of construction and provide a final opportunity for you to remove and/or salvage any landscaping you wish to reinstate after construction. Construction is currently anticipated to commence mid-April 2024.

Any landscaping not removed prior to the start of construction may be damaged and/or removed, if necessary, by the City’s contractor. As part of the reconstruction the City will reinstate boulevards with topsoil and sod but will not replace, or reimburse costs for, any private landscaping removed prior to or damaged during construction. Any owner who subsequently places landscaping in the City-owned boulevard does so entirely at his or her own risk.

If your existing landscaping consists of hardscape features, such as concrete, masonry, or wooden edging around planting beds, low-height retaining walls, decorative light stands, fences, etc., please contact the project manager (undersigned below) as soon as possible to discuss in further detail. As stated above, the City will not replace, or reimburse costs for, any private landscaping/hardscaping in the City-owned boulevard that is left in place and damaged during construction. However, depending on the specific items/locations and anticipated construction impacts, the City may be able to assist in removing or relocating (to private property) these features as part of the road reconstruction work.

The policies above apply to landscaping/hardscaping and do not apply to paths of travel needed for access to the property. Driveways, walkways and other hard surfaced paths of travel from private to public property will be re-instated as close as practicable to existing conditions after construction.

Thank you for your cooperation as we work to renew public infrastructure on Waterloo Street and Moore Avenue South.