R.R.O. 1990, Reg. 160: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - NAPANEE REGION CONSERVATION AUTHORITY

Conservation Authorities Act
Loi sur les offices de protection de la nature

R.R.O. 1990, REGULATION 160

Amended to O. Reg. 154/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — NAPANEE REGION CONSERVATION AUTHORITY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 154/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means the Napanee Region Conservation Authority;

“building or structure” means a building or structure of any kind;

“drainage area” means, for a point, the area which contributes runoff to that point;

“fill” means earth, sand, gravel, rubble, rubbish, garbage, storage material or any other material, whether similar to or different from any of the aforementioned materials, whether originating on the site or elsewhere, used or capable of being used to raise, lower or in any way affect the contours of the ground;

“fill line” means any line designated as such on the maps referred to in the Schedules;

“mm” means millimetres;

“regional storm” means,

(a) in the watershed of the Napanee River, the rainfall or snowmelt or the combination of rainfall and snowmelt that would produce, at a point in the main channel of the Napanee River immediately downstream of the Canadian National Railway bridge in the Town of Napanee, a peak flow of 139 cubic metres per second,

(b) in the watershed of the Salmon River, the rainfall or snowmelt or the combination of rainfall and snowmelt that would produce, at a point in the main channel of the Salmon River immediately downstream of the Highway No. 2 bridge at Shannonville, a peak flow of 153 cubic metres per second,

(c) in the watershed of Selby (Sucker) Creek, the rainfall or snowmelt or the combination of rainfall and snowmelt that would produce, at the mouth of Selby (Sucker) Creek on the Bay of Quinte, a peak flow of 85 cubic metres per second, and

(d) in all other areas, the rainfall or snowmelt, or the combination of rainfall and snowmelt that would produce, at any point in a river, creek, stream or watercourse in the area, a peak flow which has the probability of occurrence of 1 per cent during any one year;

“river”, “creek”, “stream” or “watercourse” means any river, creek, stream or watercourse within the area of jurisdiction of the Authority. R.R.O. 1990, Reg. 160, s. 1.

2. The areas described in the Schedules are areas in which, in the opinion of the Authority, the control of flooding or pollution or the conservation of land may be affected by the placing or dumping of fill. R.R.O. 1990, Reg. 160, s. 2.

3. Subject to section 4, no person shall,

(a) construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp, or in any area susceptible to flooding during a regional storm;

(b) place or dump fill, or permit fill to be placed or dumped, permanently or temporarily, in the areas described in the Schedules; or

(c) straighten, change, divert or interfere in any way with the existing channel of a river, stream, creek or watercourse. R.R.O. 1990, Reg. 160, s. 3.

4. Subject to the Ontario Water Resources Act or to any private interest, the Authority may permit in writing the construction of any building or structure, or the placing or dumping of fill, or the straightening, changing, diverting or interfering with the existing channel of a river, creek, stream or watercourse to which section 3 applies if, in the opinion of the authority, the site of the building or structure or the placing or dumping and the method of construction or placing or dumping, or the straightening, changing, diverting or interfering with the existing channel will not affect the control of flooding or pollution or the conservation of land. R.R.O. 1990, Reg. 160, s. 4.

5. No person shall commence to construct any building or structure or dump or place fill, or straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse in any area to which section 3 applies before permission to do so has been obtained under section 4. R.R.O. 1990, Reg. 160, s. 5.

6. (1) A signed application for permission to construct a building or structure shall be filed with the Authority and shall include,

(a) four copies of a plan of the property showing the proposed location of the building or structure, its elevation and the proposed final grade line;

(b) four copies of a complete description of the type of building or structure to be constructed, including drainage details and methods of construction;

(c) four copies of a statement of the dates between which the construction will be carried out; and

(d) four copies of a statement of the proposed use of the building or structure following completion of the construction. R.R.O. 1990, Reg. 160, s. 6. (1).

(2) A signed application for permission to place or dump fill shall be filed with the Authority and shall include,

(a) four copies of a plan of the property on which the fill is to be placed, showing the proposed location of filling, the depth to which it is proposed to fill and the proposed final grade of the land when filling is completed;

(b) four copies of a complete description of the type of fill proposed to be dumped or placed, and the method of placing or dumping the fill;

(c) four copies of a statement of the dates between which the placing or dumping of fill will be carried out; and

(d) four copies of a statement of the proposed use of the land following completion of the placing or dumping. R.R.O. 1990, Reg. 160, s. 6. (2).

(3) A signed application for permission to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse shall be filed with the Authority and shall include,

(a) four copies of a plan on which shall be shown in plan view and cross section the details of such straightening, change, diversion or interference;

(b) four copies of a description of the protective measures to be undertaken and the method to be used to carry out such straightening, change, diversion or interference;

(c) four copies of a statement of the dates between which the straightening, changing, diverting or interfering will be carried out; and

(d) four copies of a statement of the purpose of the proposed work. R.R.O. 1990, Reg. 160, s. 6. (3).

7. The Authority may, at any time, withdraw any permission given under section 4 if, in the opinion of the Authority, the representations contained in the application for the permission are not carried out. R.R.O. 1990, Reg. 160, s. 7.

8. The Authority may from time to time appoint officers to enforce this Regulation. R.R.O. 1990, Reg. 160, s. 8.

SCHEDULE 1
NAPANEE RIVER

That part of the watershed of the Napanee River extending from the river mouth to the outlet of the Cameron Swamp, located within the counties of Lennox and Addington and Frontenac, more particularly described as follows:

1. In the Township of Richmond in the County of Lennox and Addington:

Concession	Lot
I	Parts of 11 to 19, both inclusive
I (Part of the Town of Napanee)	Parts of former 20 to 22, both inclusive
II (Part of the Town of Napanee)	Parts of former 22 to 24, both inclusive
II	Parts of 25 to 30, both inclusive

2. In the Township of North Fredericksburgh in the County of Lennox and Addington:

Concession	Lot
IV	Parts of 4 to 8, both inclusive
VI	Parts of 9 to 16, both inclusive
VII	Parts of 21 to 26, both inclusive
VII (Part of the Town of Napanee)	Parts of former 17 to 20, both inclusive

3. In the Township of Camden East in the County of Lennox and Addington:

Concession	Lot
I	Parts of 1 to 12, both inclusive, and 21 to 43, both inclusive
I (Part of the Town of Newburgh)	Parts of former 13 to 20, both inclusive
II	Parts of 21 to 23, both inclusive, and 42 to 50, both inclusive
II (Part of the Town of Newburgh)	Parts of former 18 to 20, both inclusive
III	Parts of 48 to 50, both inclusive

4. In the Township of Portland in the County of Frontenac:

Concession	Lot
V	Parts of 19
VI	Parts of 18 and 19

As shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as numbers NR1-3 to NR1-12, dated June 1978, both inclusive.

R.R.O. 1990, Reg. 160, Sched. 1.

SCHEDULE 2
VARTY LAKE, CAMDEN LAKE AND CAMERON CREEK SWAMP

That part of the watersheds of Varty Lake, Camden Lake and Cameron Creek Swamp located within the Counties of Lennox and Addington and Frontenac, more particularly described as follows:

1. In the Township of Camden East in the County of Lennox and Addington:

Concession	Lot
II	Parts of 30 to 37, both inclusive
III	Parts of 35 to 42, both inclusive
IV	Parts of 28, 29, 31 to 35, both inclusive, and 37 to 42, both inclusive
V	Parts of 24 to 41, both inclusive
VI	Parts of 31 to 52, both inclusive
VII	Parts of 36 to 53, both inclusive

2. In the Township of Portland in the County of Frontenac:

Concession	Lot
VI	Parts of 14 and 15
VII	Parts of 13, 14 and 16 to 19, both inclusive
VIII	Parts of 13 to 18, both inclusive
IX	Parts of 9 to 22, both inclusive
X	Parts of 8 to 23, both inclusive
XI	Parts of 8 to 11, both inclusive, and 21 to 23, both inclusive
XII	Parts of 8

As shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as numbers NR2-1 to NR2-10, dated July 1981, both inclusive, and NR2-23 to NR2-28, dated June 1978, both inclusive.

R.R.O. 1990, Reg. 160, Sched. 2.

SCHEDULE 3
HOWES LAKE, VANLUVEN LAKE, HAMBLY LAKE, FIRST DEPOT LAKE AND FOURTEEN ISLAND LAKE

That part of the watersheds of Howes Lake, VanLuven Lake, Hambly Lake, First Depot Lake and Fourteen Island Lake located within the County of Frontenac more particularly described as follows:

1. In the Township of Portland in the County of Frontenac:

Concession	Lot
IX	Parts of 7 to 9, both inclusive
X	Parts of 6 to 9, both inclusive
XI	Parts of 1 to 5, both inclusive, and 7 to 11, both inclusive
XII	Parts of 1 to 5, both inclusive, 7 to 12, both inclusive, and 17
XIII	Parts of 5 to 8, both inclusive, and 15 to 18, both inclusive
XIV	Parts of 5 to 7, both inclusive, and 18

2. In the Township of Loughborough in the County of Frontenac:

Concession	Lot
XII	Parts of 1 to 3, both inclusive
XIII	Parts of 1 to 4, both inclusive

As shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as numbers NR3-15 to NR3-22, dated July 1981, both inclusive.

R.R.O. 1990, Reg. 160, Sched. 3.

SCHEDULE 4
WHITE LAKE, POTSPOON LAKE, THIRTY ISLAND LAKE AND THIRTEEN ISLAND LAKE

That part of the watersheds of White Lake, Potspoon Lake, Thirty Island Lake and Thirteen Island Lake located within the County of Frontenac, more particularly described as follows:

1. In the Township of Bedford in the County of Frontenac:

Concession	Lot
I	Parts of 1 and 2
II	Parts of 1 to 6, both inclusive, and 10 to 12, both inclusive
III	Parts of 3 to 15, both inclusive
IV	Parts of 6 to 14, both inclusive
V	Parts of 11 to 13, both inclusive

2. In the Township of Portland in the County of Frontenac:

Concession	Lot
XIV	Parts of 1 and 2

3. In the Township of Loughborough in the County of Frontenac:

Concession	Lot
XIV	Parts of 1 and 2

As shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as numbers NR4-11 to NR4-14, dated July 1981, both inclusive.

R.R.O. 1990, Reg. 160, Sched. 4.

SCHEDULE 5
SALMON RIVER

That part of the watershed of the Salmon River extending from the junction of the Salmon River and the line dividing the Township of Tyendinaga and the Township of Richmond, to the junction of the Salmon River and the line dividing the Township of Camden East and the Township of Sheffield located within the County of Lennox and Addington, more particularly described as follows:

1. In the Township of Richmond in the County of Lennox and Addington:

Concession	Lot
VI	Parts of 1 to 8, both inclusive
VII	Parts of 8 to 17, both inclusive
VIII	Parts of 17 to 20, both inclusive
IX	Parts of 20 to 23, both inclusive

2. In the Township of Camden East in the County of Lennox and Addington:

Concession	Lot
VI	Parts of 1 to 3, both inclusive
VII	Parts of 1 to 15, both inclusive
VIII	Parts of 11 to 17, both inclusive
IX	Parts of 16 to 19, both inclusive

As shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as numbers NR5-5 to NR5-11, dated January 1979, both inclusive.

R.R.O. 1990, Reg. 160, Sched. 5.

SCHEDULE 6
SELBY CREEK

That part of the watershed of Selby (Sucker) Creek extending from the junction of Selby (Sucker) Creek and the line dividing the Township of Tyendinaga and the Township of Richmond, to a point upstream of the Hamlet of Selby located within the County of Lennox and Addington, more particularly described as follows:

1. In the Township of Richmond in the County of Lennox and Addington:

Concession	Lot
II	Parts of 1 to 20, both inclusive
III	Parts of 16 to 23, both inclusive
IV	Parts of 16 to 23, both inclusive
V	Parts of 22 and 23

As shown by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Kemptville, Ontario as numbers NR6-3 to NR6-8, dated November 1980, both inclusive.

R.R.O. 1990, Reg. 160, Sched. 6.