North Simcoe — Garden Suites & Local Rules

Garden Suite Midland,
Penetanguishene & Tay

Three municipalities. Three different bylaw frameworks. One builder who knows all of them. North Simcoe’s older lot patterns, mixed servicing, and conservation overlays create site conditions that differ significantly from Barrie or Collingwood — and most garden suite contractors don’t know the difference. We do.

North Simcoe Garden Suites — At a Glance
Midland — detached ARUCorner/lane lots — update in progress
Penetanguishene — ZBL2022-17 — confirm with Town
Tay Township — ADUApproved 2023 — mix urban/rural
Conservation authorityNVCA — check your lot
Servicing — urban lotsMunicipal water & sewer
Servicing — Tay ruralWell & septic — needs assessment
Midland avg home price~$545K–$585K
Penetanguishene avg price~$629K–$660K
Construction rate$340–$490/sq ft

All zoning information should be confirmed directly with each municipality before proceeding. Rules are updated periodically. Midland’s ARU bylaw was under active revision as of 2024 and may have changed.

The short answer

Yes, in all three, but each town has its own zoning by-law. Older lot patterns, mixed servicing and conservation overlays in North Simcoe change what fits, so check the town rules, the servicing and any overlay before you draw anything. Construction runs about $340 to $490 per square foot all-in, and the County forgivable loan of up to $50,000 can apply.

Lot Layout

Garden Suite Midland:
A Typical Serviced Lot Layout

Garden suite Midland lot layout: house at the front, garden suite in the rear yard, access path and water and sewer lines

Here is how a garden suite usually sits on a serviced lot: the house at the front, the suite in the back yard, a clear path from the street, and new water and sewer lines run past the house to the road. The distances that matter are the rear and side setbacks, the separation from the house, and how far the suite sits from the street for fire access. Every town sets those a little differently, so treat this as a sketch, not a site plan.

Important — Midland’s detached ARU rules were under active revision as of late 2024: Midland’s existing Zoning By-law (Section 3.38) currently permits detached second units only on corner lots, through lots, or lots abutting a public lane. A September 2024 public meeting was held to update this to permit up to two ARUs per lot on all residential properties, in line with Bill 23. Confirm the current status directly with Midland’s Planning Department (planning@midland.ca) before assuming full as-of-right permission — the update may or may not have been formally adopted at the time you are reading this. See the Ontario permit process guide →

Municipality-Specific Rules

Garden Suite Rules —
Each Municipality Separately

Midland, Penetanguishene, and Tay Township each have their own zoning bylaws and local requirements. Here is what we know about each — and what you must confirm locally before committing to a project.

Town of Midland
Zoning By-law 2004-90 — Section 3.38 — Under revision 2024
Pop. ~17,000 · Municipal services

Current Zoning Standards

Detached ARU eligibilityCorner, through, or lane lots (currently)
Maximum floor area40% of dwelling, max 80 m²
Max units per lot1 (update proposes 2)
Parking — additionalNone required
Tandem parkingPermitted
ServicingMunicipal where available
Zoning referenceBy-law 2004-90, s.3.38
Planning contactplanning@midland.ca
Building permitsCloudpermit online system

Key Points for Midland Homeowners

Most interior residential lots currently do not qualify for a detached garden suite under the existing bylaw — only corner lots, through lots, or those with lane access. Confirm whether the 2024 update has been formally adopted before proceeding.
The Town updated ARU provisions in its zoning bylaw to align with Bill 23 — a September 2024 public meeting proposed expanding eligibility to all residential lots. Confirm the current status with Midland Planning.
Maximum floor area of 80 m² (861 sq ft) is the current cap — one of the more restrictive in Simcoe County. Confirm whether this was updated in 2024.
Planning review takes 5–10 business days before building permit review can begin. Allow for this in your project timeline.
Midland uses Cloudpermit for online building permit applications — check midland.ca for the current process.
Town of Penetanguishene
Comprehensive Zoning By-law 2022-17 — Community Design Manual applies
Pop. ~9,000 · Georgian Bay

Zoning Framework

Zoning By-law2022-17 (comprehensive update)
ARU eligibilityConfirm with Town — Bill 23 applies
Design reviewCommunity Design Manual (PCDM)
Site plan controlBy-law 2014-30 applies to some projects
Pre-consultationRecommended before application
Committee of AdjustmentAvailable for variances
Planning contact705-549-7453
Avg home price~$629K–$660K (2024–25)

Key Points for Penetanguishene Homeowners

Penetanguishene adopted a comprehensive new Zoning By-law 2022-17. This updated bylaw addresses ADUs — confirm your specific zone’s ARU provisions with Town planning staff before proceeding.
The Penetanguishene Community Design Manual (PCDM) applies to development requiring Site Plan Approval. Some garden suite projects may be subject to design review under the PCDM, particularly if Site Plan Control applies.
Penetanguishene strongly recommends pre-consultation with planning staff before submitting any planning application. This is worth doing before you pay for architectural drawings.
Penetanguishene has a significant French-speaking community — the Town is formally bilingual. Planning and building processes follow the same provincial framework as other Ontario municipalities.
Older lot patterns near the historic downtown and waterfront may have smaller lot areas and non-standard configurations that affect feasibility.
Tay Township
ADUs approved 2023 — Official Plan and Zoning By-law amended
Pop. ~10,000 · Rural & Urban mix

Tay ADU Framework

ADU approvalApproved April 2023
Provincial alignmentBill 108, Bill 23, PPS 2020
Intended useLong-term housing (not STR)
Servicing — urbanMunicipal — Port McNicoll, Victoria Harbour
Servicing — ruralWell & septic — assessment required
Conservation overlayNVCA — check your lot
Planning contacttay.ca — 705-534-7248
Council meetings4th Wednesday monthly

Key Points for Tay Township Homeowners

Tay Township formally approved ADU amendments to its Official Plan and Zoning By-law in April 2023, aligning with provincial housing legislation. Additional dwelling units are now permitted on residential properties in the township.
Tay is explicitly focused on ADUs as permanent housing — not short-term rentals. The township’s position: an ADU is not a short-term rental to be used as accommodation by the travelling public. This aligns with provincial intent under Bill 23.
Tay’s settlement areas include Port McNicoll, Victoria Harbour, Waubaushene, and Waverley. Properties in these areas typically have municipal services. Rural Tay properties on private well and septic require a septic assessment before any garden suite permit can be issued. Rural garden suite guide →
Tay properties near the Wye River, Tay River, and other watercourses may be within NVCA regulated areas. Check before proceeding.
What Makes North Simcoe Lots Different

Older Lots, Mixed Servicing, and
Waterfront Complexity

The lot characteristics across Midland, Penetanguishene, and Tay differ meaningfully from the newer subdivisions common in Barrie or Collingwood. Understanding these differences is why lot-first assessment matters so much in North Simcoe.

Midland and Penetanguishene — Older Town Fabric

Both Midland and Penetanguishene grew primarily in the early-to-mid 20th century, which means much of the residential fabric consists of older lots — often narrower, shorter, and less regular than lots in newer subdivisions. A 50-foot wide lot with a rear yard depth of 25–30 feet is common in the older neighbourhoods near downtown Midland or along Penetanguishene’s historic streets.

These lots present genuine constraints for garden suite projects. Rear yard depth after required setbacks and separation distances from the main house is often less than what is needed for a viable garden suite footprint — particularly when the existing house sits well forward on a shallow lot. We assess this carefully before any design conversation, because discovering this constraint after you’ve paid for drawings is an expensive disappointment.

The good news: many Midland and Penetanguishene properties DO have workable lots — particularly the larger residential lots in newer subdivisions on the town edges, or older properties with generous side or rear yards. The question is whether yours is one of them.

Corner lots in both towns often have better access and more options than typical interior lots — which is partly why Midland’s existing bylaw has historically favoured them for detached ARUs. Check the lot feasibility factors →

Tay Township — The Rural-Urban Mix

Tay Township is a genuinely mixed municipality — with small settlement areas (Port McNicoll, Victoria Harbour, Waubaushene, Waverley) that have municipal services, and significant rural areas where properties are on private well and septic systems.

In the settlement areas, garden suite projects follow a broadly similar path to Midland or Penetanguishene urban lots — though lot patterns vary considerably by neighbourhood and era of development. Many properties in Port McNicoll, built during the railway-era expansion, have interesting lot configurations that require careful assessment.

On rural Tay properties, the septic question dominates the feasibility conversation — just as it does in Tiny or Oro-Medonte. Adding a second dwelling unit with its own kitchen and bathroom increases sewage load significantly. A septic capacity assessment is required, and system upgrades or replacement are common. Budget $15,000–$45,000 for this component depending on the current system’s condition and the site’s soil capacity.

Tay also has properties near the Wye River, Tay River, Matchedash Bay, and smaller watercourses — many of which fall within NVCA regulated areas. We check this for every Tay project before any other steps are taken. Rural and septic garden suite guide →

Six Things That Matter Most in North Simcoe

What to Check Before You Start
Any North Simcoe Garden Suite Project

These are the six factors that most commonly determine whether a garden suite project is straightforward, complicated, or not viable in the Midland, Penetanguishene, and Tay area.

1. Confirm Current Bylaw Status

Midland’s bylaw was under active revision as of 2024. Penetanguishene adopted a comprehensive new ZBL in 2022. Tay formally adopted ADU amendments in 2023. None of these are static documents. Always confirm your property’s current zoning status and ARU eligibility directly with the municipality before investing in design or permits. This takes one phone call or email and costs nothing.

Ontario permit process guide →

2. Rear Yard Depth After Setbacks

In older neighbourhoods across Midland and Penetanguishene, the actual buildable area after setbacks and separation distances is often much smaller than the total lot area suggests. We measure the actual building envelope — not the stated lot area — before any design conversation. This is the most common reason projects in North Simcoe don’t proceed after initial review.

Lot feasibility guide →

3. NVCA Regulated Areas

The Nottawasaga Valley Conservation Authority regulates land in parts of Midland, Penetanguishene, and Tay. Properties near watercourses, wetlands, or shorelines require an NVCA permit before a building permit can be issued. Check the NVCA regulation mapping at nvca.on.ca before spending money on plans — many homeowners don’t know their property is in a regulated area until permit stage.

4. Servicing Type — Mixed Across the Area

Urban Midland and Penetanguishene are generally on municipal water and sewer. Many Tay properties — and some fringe properties in Midland and Penetanguishene — are on private well and septic systems. The servicing situation fundamentally changes the cost and complexity of a garden suite project. We determine your servicing type before any other conversation.

Garden suite on septic guide →

5. Access and Construction Logistics

Older North Simcoe neighbourhoods often have mature trees, narrow side passages, established fencing, and limited rear yard access. Construction logistics — particularly excavation equipment and concrete trucks — can be significantly more difficult than on a newer suburban lot. This affects cost and timeline. We assess access as part of every preliminary lot review.

6. Development Charges — Layered

Like all Simcoe County municipalities, garden suite projects in Midland, Penetanguishene, and Tay are subject to the layered DC structure — municipal DCs often waived under Bill 23, but County (~$15,000–$17,000) and education levies may still apply. Confirm the full DC picture before finalising your budget.

Development charges guide →
Conservation Authority — North Simcoe

NVCA Regulated Areas —
What It Means for Your Project

The Nottawasaga Valley Conservation Authority (NVCA) regulates development across significant portions of the North Simcoe area. This is not an obscure technicality — it is a real project requirement that adds time and potentially changes what is buildable on your lot.

Where NVCA Regulation Applies in North Simcoe

The NVCA regulates lands within the Nottawasaga River watershed, which covers most of Tay Township and portions of Midland and Penetanguishene. Properties near the Wye River, Tay River, Matchedash Bay, wetlands, floodplains, and smaller drainage features are most commonly in regulated areas.

NVCA’s mandate is to regulate development that could affect natural hazards, watercourses, and environmentally sensitive areas. If your property is in a regulated area, you need an NVCA permit before a building permit can be issued by your municipality. This permit is reviewed independently — it is not part of the building permit application.

NVCA permits add approximately 6–12 weeks to a project timeline and may impose conditions on foundation type, grading, setbacks from features, and vegetation retention. In some cases — particularly floodplain or significant wetland designations — development may not be permitted at all.

Check the NVCA’s interactive regulation map at nvca.on.ca using your property address. We check this as part of every preliminary lot review in North Simcoe — it regularly surfaces issues that homeowners were not aware of.

What to Do If Your Property Is in a Regulated Area

Being in an NVCA regulated area does not automatically mean your project cannot proceed — it means an additional approval step is required. Most garden suite projects in regulated areas can proceed with appropriate mitigation, but the timeline is longer and the design may need to accommodate conditions imposed by NVCA.

Step 1: Check the NVCA regulation map at nvca.on.ca. If your property appears in a regulated area, contact the NVCA directly to understand what specifically applies to your lot.

Step 2: Build the NVCA permit timeline into your project plan — allow an extra 6–12 weeks on top of municipal building permit review. Submit the NVCA application and the municipal building permit application in parallel where possible.

Step 3: Review any NVCA conditions on the approved permit carefully before finalising foundation design and site grading. NVCA conditions commonly affect foundation type (piers vs. full foundation), grading slopes, and impervious surface area.

We coordinate NVCA submissions as part of our full project service. If you are unsure whether your North Simcoe property is in a regulated area, our $399 + HST feasibility report checks this for your specific lot.

What a Garden Suite Costs in North Simcoe

Cost Ranges for Midland,
Penetanguishene & Tay

North Simcoe sits within the Simcoe County construction market — the same per-square-foot rates as Barrie and the Georgian Bay area, with the same layered DC structure. Rural Tay properties on septic add meaningful cost above urban lots.

Construction Cost Ranges

Construction rate — Simcoe County$340–$490/sq ft
Studio / compact (350–500 sq ft)$170K–$245K
1-bedroom (500–700 sq ft)$220K–$340K
2-bedroom (700–950 sq ft)$290K–$465K
Soft costs — permits, design$15K–$28K
Rural septic assessment$3K–$8K
Septic upgrade (if required)$15K–$28K
Full septic replacement$28K–$45K+
ICF construction premium$20K–$45K
Contingency (recommended)10–15% of total

What Affects Cost in North Simcoe

Older lots with tight access — equipment routing through narrow side passages or over mature tree root zones adds logistics cost. Budget for this on older in-town lots.

Servicing in Midland/Penetanguishene — municipal water and sewer connections are the norm in the urban cores. Budget $5,000–$12,000 for service connections depending on distance and soil conditions.

Tay rural lots on septic — this is the largest single variable cost. If the existing system can accommodate increased load, the add-on is modest. If it cannot, budget for a full upgrade or replacement before the project numbers make sense.

NVCA permit — if required, add $1,500–$4,000 in application fees and 6–12 weeks to your timeline. This does not typically change the construction cost significantly, but can affect foundation design.

Midland’s 80 m² floor area limit — until the 2024 bylaw update is confirmed, the maximum size for a detached ARU in Midland is 80 m² (861 sq ft). This is a design constraint as much as a cost one — work with that limit from the start.

Use our interactive cost calculator to model your specific project, or order a $399 + HST feasibility report for a written, site-specific assessment of any North Simcoe property.

Building a Garden Suite in Midland, Penetanguishene, or Tay?

We are based in Simcoe County and build throughout North Simcoe. We know the local zoning nuances, the lot patterns in older neighbourhoods, the NVCA regulated areas, and the conservation authority process. Our $399 + HST feasibility report gives you an honest, written assessment of your specific property in 48 hours — before you spend anything on plans, and credited toward your build if you proceed with us.

North Simcoe FAQ

Garden Suite Questions for Midland, Penetanguishene & Tay Homeowners

The questions we hear most from homeowners in the North Simcoe area planning a garden suite project.

Get a written answer for your lot →
As of the time this was written, Midland’s existing Zoning By-law (Section 3.38) restricts detached second units to corner lots, through lots, or lots abutting a public lane. A September 2024 public meeting proposed expanding this to permit up to two ARUs on all residential lots, in line with Bill 23. The status of this update must be confirmed directly with Midland’s Planning Department (planning@midland.ca) before assuming your interior lot qualifies. If the update has been formally adopted, most residential lots would qualify subject to meeting setback, coverage, and access standards. If not yet adopted, interior lots remain restricted under the current bylaw.
Under Section 3.38 of the current Zoning By-law 2004-90, the maximum floor area of a second unit in Midland is 40% of the total floor area of the main dwelling, to a maximum of 80 square metres (861 sq ft), whichever is less. This is one of the more restrictive size limits in Simcoe County. If the 2024 zoning update has been formally adopted, this limit may have changed. Confirm with Midland Planning before proceeding. If you need a larger suite, a Midland lot may impose design constraints regardless of what your preferred floor plan looks like.
Penetanguishene strongly recommends pre-consultation with planning staff before submitting any planning application. While this is not legally mandatory for every project, it is the most practical way to understand your specific lot’s ARU eligibility under Zoning By-law 2022-17 before you invest in design drawings. Pre-consultation is free and can save significant money by identifying issues — including whether the Penetanguishene Community Design Manual or Site Plan Control applies to your project. Contact the Town at 705-549-7453 or visit penetanguishene.ca to request a pre-consultation meeting.
Many Tay Township properties are within NVCA regulated areas — particularly those near the Wye River, Tay River, Matchedash Bay, or any smaller watercourse or wetland. Check the NVCA’s interactive regulation map at nvca.on.ca using your property address. If your property is in a regulated area, you will need an NVCA permit before a building permit can be issued. This adds approximately 6–12 weeks to your project timeline and may impose design conditions. We check this for every Tay project as part of our $399 + HST feasibility report.
Yes, in many cases — but the septic situation must be assessed first. Adding a second dwelling unit with its own kitchen and bathroom significantly increases the sewage load on your existing system. Ontario regulations require a septic capacity assessment, and system upgrades or full replacement are common on rural lots with older or smaller systems. The cost ranges from $3,000–$8,000 for an assessment and minor connections on adequate systems, to $25,000–$45,000 or more for a full system replacement. We handle septic assessment through our septicreplacement.ca network — integrated into every rural project from the start, before any drawings are produced. Garden suite on septic — full guide →
Construction costs in the North Simcoe area follow the same Simcoe County market rates — approximately $340–$490 per square foot in 2025. A well-built one-bedroom garden suite all-in — including permits, design, and utility connections — typically totals $185,000 to $235,000 on an urban serviced lot in Midland or Penetanguishene. This assumes a straightforward site with good access. Older lots with tight access, complex site conditions, or smaller floor areas (due to Midland’s 80 m² cap) may add cost. Full Simcoe County cost breakdown → — or use our interactive cost calculator to model your specific project.
All three municipalities are in Simcoe County, which means the Simcoe County Secondary Suites Program applies — up to $50,000 as a 15-year forgivable loan for homeowners who rent at attainable rates. This program is available year-round subject to funding availability on a first-come, first-served basis. The CMHC insured mortgage refinancing (up to 90% of post-renovation value, 30-year amortization) is also available for eligible homeowners. The Barrie Bonus ($15,000 top-up) and Collingwood local grant ($10,000) are municipality-specific and do not apply to Midland, Penetanguishene, or Tay projects. Full financing guide for Ontario →
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A written, property-specific answer researched by a licensed Ontario builder — not a sales call. Delivered within 48 hours. Here is exactly what you get:

  • Zoning & setback check for your specific lot — with the bylaw sections cited
  • Servicing & septic capacity assessment (the #1 rural deal-breaker)
  • Site, equipment access & conservation-overlay review
  • Realistic all-in budget and the funding your project qualifies for
  • A clear GO / NO-GO verdict, in writing
  • Your next three steps, in order
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