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O. Reg. 167/06: OTONABEE REGION CONSERVATION AUTHORITY: REGULATION OF DEVELOPMENT, INTERFERENCE WITH WETLANDS AND ALTERATIONS TO SHORELINES AND WATERCOURSES

under Conservation Authorities Act, R.S.O. 1990, c. C.27

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Versions
current February 8, 2013 (e-Laws currency date)
May 4, 2006 February 7, 2013

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

ONTARIO REGULATION 167/06

OTONABEE REGION CONSERVATION AUTHORITY: REGULATION OF DEVELOPMENT, INTERFERENCE WITH WETLANDS AND ALTERATIONS TO SHORELINES AND WATERCOURSES

Historical version for the period May 4, 2006 to February 7, 2013.

No amendments.

This Regulation is made in English only.

Definition

1. In this Regulation,

“Authority” means the Otonabee Region Conservation Authority. O. Reg. 167/06, s. 1.

Development prohibited

2. (1) Subject to section 3, no person shall undertake development or permit another person to undertake development in or on the areas within the jurisdiction of the Authority that are,

(a) river or stream valleys that have depressional features associated with a river or stream, whether or not they contain a watercourse, the limits of which are determined in accordance with the following rules:

(i) where the river or stream valley is apparent and has stable slopes, the valley extends from the stable top of bank, plus 15 metres, to a similar point on the opposite side,

(ii) where the river or stream valley is apparent and has unstable slopes, the valley extends from the predicted long term stable slope, projected from the existing stable slope or, if the toe of the slope is unstable, from the predicted location of the toe of the slope as a result of stream erosion over a projected 100-year period, plus 15 metres, to a similar point on the opposite side,

(iii) where the river or stream valley is not apparent, the valley extends the greater of:

(A) the distance from a point outside the edge of the maximum extent of the flood plain under the applicable flood event standard, plus 15 metres, to a similar point on the opposite side, or

(B) the distance from the predicted meander belt of a watercourse, expanded as required to convey the flood flows under the applicable flood event standard, plus 15 metres, to a similar point on the opposite side;

(b) hazardous lands;

(c) wetlands; or

(d) other areas where development could interfere with the hydrologic function of a wetland, including areas within 120 metres of all provincially significant wetlands and 30 metres of all other wetlands, but not including those where development has been approved pursuant to an application made under the Planning Act or other public planning or regulatory process. O. Reg. 167/06, s. 2 (1).

(2) The areas described in subsection (1) are the areas referred to in section 12, except that in case of conflict, the description of the areas provided in subsection (1) prevails over the descriptions referred to in section 12. O. Reg. 167/06, s. 2 (2).

Permission to develop

3. (1) The Authority may grant permission for development in or on the areas described in subsection 2 (1) if, in its opinion, the control of flooding, erosion, dynamic beaches, pollution or the conservation of land will not be affected by the development. O. Reg. 167/06, s. 3 (1).

(2) The permission of the Authority shall be given in writing, with or without conditions. O. Reg. 167/06, s. 3 (2).

Application for permission

4. A signed application for permission to undertake development shall be filed with the Authority and shall contain the following information:

1. Four copies of a plan of the area showing the type and location of the development.

2. The proposed use of the buildings and structures following completion of the development.

3. The start and completion dates of the development.

4. The elevations of existing buildings, if any, and grades and the proposed elevations of buildings and grades after development.

5. Drainage details before and after development.

6. A complete description of the type of fill proposed to be placed or dumped. O. Reg. 167/06, s. 4.

Alterations prohibited

5. Subject to section 6, no person shall straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or change or interfere in any way with a wetland. O. Reg. 167/06, s. 5.

Permission to alter

6. (1) The Authority may grant a person permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or to change or interfere with a wetland. O. Reg. 167/06, s. 6 (1).

(2) The permission of the Authority shall be given in writing, with or without conditions. O. Reg. 167/06, s. 6 (2).

Application for permission

7. A signed application for permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or change or interfere with a wetland shall be filed with the Authority and shall contain the following information:

1. Four copies of a plan of the area showing plan view and cross-section details of the proposed alteration.

2. A description of the methods to be used in carrying out the alteration.

3. The start and completion dates of the alteration.

4. A statement of the purpose of the alteration. O. Reg. 167/06, s. 7.

Cancellation of permission

8. (1) The Authority may cancel a permission, if it is of the opinion that the conditions of the permission have not been met. O. Reg. 167/06, s. 8 (1).

(2) Before cancelling a permission, the Authority shall give notice of intent to cancel to the holder of the permission indicating that the permission will be cancelled unless the holder shows cause at a hearing why the permission should not be cancelled. O. Reg. 167/06, s. 8 (2).

(3) Following the giving of the notice, the Authority shall give the holder at least five days notice of the date of the hearing. O. Reg. 167/06, s. 8 (3).

Validity of permissions and extensions

9. (1) A permission of the Authority is valid for a maximum period of 24 months after it is issued, unless specified to expire at an earlier date. O. Reg. 167/06, s. 9 (1).

(2) A permission shall not be extended. O. Reg. 167/06, s. 9 (2).

Appointment of officers

10. The Authority may appoint officers to enforce this Regulation. O. Reg. 167/06, s. 10.

Flood event standards

11. (1) The applicable flood event standards used to determine the maximum susceptibility to flooding of lands or areas within the watersheds in the area of jurisdiction of the Authority are the Timmins Flood Event Standard and the 100 Year Flood Event Standard, described in Schedule 1. O. Reg. 167/06, s. 11 (1).

(2) The Timmins Flood Event Standard applies to all watersheds within the area of jurisdiction of the Authority except for,

(a) Rice Lake, Stony Lake, Clear Lake, Lovesick Lake, Deer Bay, Buckhorn Lake, Chemong Lake, Pigeon Lake, Katchiwanooka Lake and Lower Buckhorn Lake where the applicable standard is rainfall, snowmelt, or a combination of rainfall and snowmelt, that would produce the water surface elevations above Canadian Geodetic Datum described in Table 1.

TABLE 1
WATER SURFACE ELEVATIONS

Column 1

Column 2

Water Body

Water Surface Elevation

Rice Lake

187.90

Stony Lake

235.95

Clear Lake

235.95

Lovesick Lake

242.16

Deer Bay

244.31

Buckhorn Lake

247.12

Chemong Lake

247.12

Pigeon Lake

247.12

Katchiwanooka Lake

233.68

Lower Buckhorn Lake

244.31

O. Reg. 167/06, s. 11 (2).

Areas included in the Regulation Limit

12. Hazardous lands, wetlands, watercourses, shorelines and areas susceptible to flooding, and associated allowances within the watersheds, in the area of jurisdiction of the Authority are delineated by the Regulation Limit shown on maps 1 to 85 dated January 2006 and filed at the head office of the Authority at 250 Milroy Drive, Peterborough Ontario, under the map title “Ontario Regulation 97/04: Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. O. Reg. 167/06, s. 12.

13. Omitted (revokes other Regulations). O. Reg. 167/06, s. 13.

SCHEDULE 1

1. The Timmins Flood Event Standard means a storm that produces over a 12-hour period,

(a) in a drainage area of 25 square kilometers or less, rainfall that has the distribution set out in Table 2; or

(b) in a drainage area of more than 25 square kilometers, rainfall such that the number of millimeters of rain referred to in each case in Table 2 shall be modified by the percentage amount shown in Column 2 of Table 3 opposite the size of the drainage area set out opposite thereto in Column 1 of Table 3.

TABLE 2
TIMMINS FLOOD EVENT STANDARD

15 mm of rain in the first hour

20 mm of rain in the second hour

10 mm of rain in the third hour

3 mm of rain in the fourth hour

5 mm of rain in the fifth hour

20 mm of rain in the sixth hour

43 mm of rain in the seventh hour

20 mm of rain in the eighth hour

23 mm of rain in the ninth hour

13 mm of rain in the tenth hour

13 mm of rain in the eleventh hour

8 mm of rain in the twelfth hour

TABLE 3

Column 1

Column 2

Drainage Area (km2)

Percentage

26 to 50 both inclusive

97

51 to 75 both inclusive

94

76 to 100 both inclusive

90

101 to 150 both inclusive

87

151 to 200 both inclusive

84

201 to 250 both inclusive

82

251 to 375 both inclusive

79

376 to 500 both inclusive

76

501 to 750 both inclusive

74

751 to 1000 both inclusive

70

1001 to 1250 both inclusive

68

1251 to 1500 both inclusive

66

1501 to 1800 both inclusive

65

1801 to 2100 both inclusive

64

2101 to 2300 both inclusive

63

2301 to 2600 both inclusive

62

2601 to 3900 both inclusive

58

3901 to 5200 both inclusive

56

5201 to 6500 both inclusive

53

6501 to 8000 both inclusive

50

2. The 100 Year Flood Event Standard means rainfall or snowmelt, or a combination of rainfall and snowmelt, producing at any location in a river, creek, stream or watercourse a peak flow that has the probability of occurrence of one per cent during any given year.

O. Reg. 167/06, Sched. 1.