Walkway access built without a permit in Orleans: what does the by-law say?

Orleans is part of the City of Ottawa, so the Access By-law 2026-139, enacted April 8, 2026, applies there the same as anywhere else in the city. Whether a permit was needed depends on what was built and where it sits relative to the right of way.

The Access By-law deals with accesses in the City right of way, the City-owned land that includes the boulevard and the accesses to driveways and walkways. Work behind the property line raises zoning and building-permit questions instead.

If the walkway access crosses the right of way, section 20(1) of the Access By-law says no person shall construct, reconstruct, relocate or alter an access without first obtaining a permit. Section 20(3) sets out the exceptions: no permit is required for resurfacing an access where there are no changes to its location or dimensions or to site grading, and no permit is required for a pedestrian access that meets section 18. Section 18 allows a residential pedestrian access without a permit if it does not exceed 1.8 metres in width, is not within 0.6 metres of a fire hydrant or 1.8 metres of a vehicular access, and there is no modification to the curb or sidewalk. Where the frontage is 12 metres or less and there is an existing vehicular access, a pedestrian access is not permitted unless otherwise approved.

So the question is whether the work done qualifies under section 20(3). If it was new construction or a relocation, and it does not meet the section 18 conditions, a permit was required and was not obtained. If it was resurfacing with no change to location, dimensions or grading, no permit was needed.

A few other rules attach regardless of permit status. Section 6 says the owner is responsible for maintaining every access serving their property, including curbs, culvert pipe, headwalls and steps, at the owner's expense. The Access By-law also sets a grade requirement for the access: not less than 2 per cent and not more than 8 per cent, descending toward the roadway. The Landscaping Education Guide notes that the right of way may be wider than you think, and that geoOttawa shows an approximate line; for the exact property line, a licensed surveyor gives the definitive answer.

On the zoning side, both Zoning By-law 2008-250 and Zoning By-law 2026-50 apply to applications deemed complete on or after March 11, 2026, with the most restrictive provisions from both applying. Under 2026-50, the maximum width of a walkway leading to a front or exterior side lot line is 1.8 metres, and the cumulative width of all walkways plus all driveways and parking spaces in a front or exterior side yard must not exceed 50 per cent of the lot width. Confirm the rules for the specific lot with the City.

If a permit was required and not obtained, the right step is to contact the City of Ottawa directly to ask how to regularize the work. The City's Building Code Services can answer questions about building permits; the City's access permit process handles the right-of-way side.

Before you sign with any contractor to address this, ask them to show you their City of Ottawa hardscaping contractor licence and to confirm in writing exactly which portions of the work fall within the right of way and which permits they will obtain before starting.