A Mono resident looking to build his family a house on property he's owned for 13 years has learned that a conservation easement sought by Nottawasaga Valley Conservation Authority (NVCA) is a voluntary process, meaning he doesn't have to give up his land to permit it.

Dan Robson is seeking a zoning amendment for 1.5 acres of his 10-acre parcel on Highway 10 between 20 and 25 Sideroad. Currently the entire property is zoned "environmental protection." He would like the 1.5 acres where he wants to build a home to be rezoned to rural.

Before the approval was granted the NVCA wanted to attach a condition saying they could install a conservation easement through the rest of the property. If that were to happen it would make it difficult for the owner, Dan Robson, to sell his 10 acres in the future.

Mr. Robson told council at a previous meeting that he does not feel comfortable with this request, nor did he see the need for it as the portion of land he wants to build on is not part of a wetland.

However, council is wary of approving his zoning amendment application because of uncertainties as to what consequences could lie ahead for the Town if they granted the application and Mr. Robson refused the easement.

Deputy Mayor Dave Baldwin said he thinks this is a conservation matter and he's not sure what authority council has in the situation.

Agreeing with him, Councillor Jean Castel, a retired law professor, said he looked up the law on the issue and it's not within council's jurisdiction to decide.

However, Planning Director Mark Early said council doesn't have to abide by the request, but the NVCA could appeal the decision, if it were granted, to the Ontario Municipal Board (OMB).

Mr. Robson hired Paul Neils of Azimuth Environmental Consulting Inc., to do the environmental study. Mr. Neils said allowing the NVCA to put in an easement is a voluntary decision for the land owner and there is no statute in Ontario requiring a landowner to consent to the request.

Mr. Early said if council approves the zoning amendment it's unlikely the NVCA would appeal to the OMB since it is a voluntary program, but they could hold it against council in the future, when the Town may be asking for something.

The deputy mayor wanted to defer making a decision until they hear more information from the NVCA. This frustrated Mr. Robson who will now have to wait until council meets on May 8 to get an answer.

Councillor Castel said he couldn't understand why the NVCA would continue to insist on an easement condition if it's a voluntary program.

Councillor Ken McGhee was ready to vote on the issue Tuesday morning, saying since it's already environmentally protected he would be content with approving the zoning amendment.

Mr. Robson said he'll hold his breath for another two weeks to get an answer.