Land Severance

Prior to submitting an application, it is strongly recommended that you contact Planning staff in order to determine the feasibility of your proposal at [email protected]  or by visiting the front counter of the 5th floor at City Hall, 71 Main Street West, Hamilton. Please include the subject address, brief sketch and/or explanation of the proposal.

Please review the applicable Official Plan (Rural Hamilton Official Plan or Urban Hamilton Official Plan) and for lot creation and consent policies applicable to your application. Please review the applicable Zoning By-law for lot size, frontage, and setback requirements for your application.

Download Submission Requirements and Information(PDF, 146.42 KB)

This application form is to be used by persons or public bodies wishing to make an application for Consent to Sever Land or Validation of Title within the City of Hamilton. In this form, the term "subject land" means the land to be severed and the land to be retained. The “severed land” means the land to be severed, leased, grant easement over etc. The “retained land” means the remainder of the subject land.

Complete Consent to Sever Land Application Form(PDF, 586.42 KB)

In the case of an approved application, conditions may be imposed as requested by circulated agencies. For example a 5% park land dedication or cash in lieu thereof to the local municipality, a road widening dedication to the appropriate authority, and any other condition the Committee deems necessary.

The application form also sets out additional information such as technical information or reports that will assist the City in their planning evaluation of the consent application. To ensure the quickest and most complete review, this information should be submitted along with the mandatory information. In the absence of this additional information, it may not be possible to do a complete review within the legislated time frame for making a decision. As a result, the proposed severance application may be refused.

You will have to pay the application fee when you submit your application. Applications fees are non-refundable whether the application is approved or denied.

Fees can be paid by cash, cheque or credit card. Cheques must be made payable to the City of Hamilton.

Conservation Authority Plan Review Fee

The Conservation Authorities within the City of Hamilton charge fees for their review of Planning Act applications. Please contact Planning Staff to determine if the subject lands are in an area regulated by a Conservation Authority.

• Conservation Halton Review Fees
• Hamilton Conservation Authority Review Fees
• Niagara Peninsula Conservation Authority Review Fees
• Grand River Conservation Authority Review Fees

The fee is to be paid to the appropriate Conservation Authority, failure to do so may result in a delay of the review of the application. Contact information for the Conservation Authorities can be found in the Submission Requirements and Information package.

If a survey plan of the subject property is not available, you can submit a sketch map with the application to provide clarification of what you are applying for.

You must provide these details with your sketch map:

• The true dimensions and boundaries of the property for which the application is being made (note: a sidewalk is not usually a lot line);
• The boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land;
• The distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge;
• The location of all land previously severed from the parcel originally acquired by the current owner of the subject land;
• The approximate location of all natural and artificial features on the subject land, and adjacent land, that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic systems;
• The current uses of land that is adjacent to the subject land;
• The location, width and name of any roads within, or abutting, the subject land, indicating whether it is a Provincial Highway, City Road, an unopened road allowance, a public traveled road, a private road or a right-of-way;
• If access to the subject land is by water only, the approximate distance of the parking and docking facilities from the subject land and the nearest public road;
• The location and nature of any easement affecting the subject land;
• The location, size and type (e.g. deck, Single Detached Dwelling, etc.) of all existing buildings, structures or uses on the subject property, including setbacks measured from the front, rear and side lot lines; and
• Clearly labeled “Severed” (or leased, easement, etc.) and “Retained” (or remainder) portions of the land, along with proposed dimensions. If creating more than one new lot with the application, please ensure labels on sketch match labels on the application form.
• The information provided must be legible and drawn with good drafting techniques; and,
• The submitted sketch shall be a minimum paper size of Letter (A4, 8.5 x 11 inches) and a maximum paper size of Ledger (A3, 11 x 17 inches); or an electronic copy in PDF.

Submit the completed application form, supporting documents, and fee(s):

Electronic submissions must include:

• One (1) copy of the completed application form (all applicable sections filled out and commissioned)
• One (1) copy of the Survey or Site Sketch, including all required information per Section 3
• One (1) of any additional information, including studies; and
• Payment information, either credit card payment (name and phone number of the person paying, they will be contacted by staff) or scan/picture of cheque(s). All physical cheques must be mailed or dropped off at City all as per instructions above.

Hard copy submissions must include:

• One (1) copy of the completed application form and all signature sheets (all applicable sections filled out and commissioned);
• One (1) copy of the Survey or Site Sketch, including all required information per Section 3 (no larger than ledger size paper 11” x 17”);
• One (1) copy of the information/reports if indicated as needed when completing the sections of the application form; and,
• Payment, either credit card (Visa or Mastercard) or debit processed at the counter or cheque(s).