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R.R.O. 1990, Reg. 144: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - CATFISH CREEK

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

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Versions
revoked or spent May 4, 2006
December 31, 1990 May 3, 2006

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

R.R.O. 1990, REGULATION 144

No Amendments

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — CATFISH CREEK

Historical version for the period December 31, 1990 to May 3, 2006.

This Regulation is made in English only.

1. In this Regulation,

Authority” means Catfish Creek 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 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;

“regional storm” means a storm producing in a forty-eight hour period in a drainage area of,

(a) ten square miles or less, a rainfall that has the distribution set out in Table 1, or

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

TABLE 1

2.90 inches of rain in the first 36 hours

0.25 inches of rain in the 37th hour

0.17 inches of rain in the 38th hour

0.25 inches of rain in the 39th hour

0.50 inches of rain in the 40th hour

0.66 inches of rain in the 41st hour

0.50 inches of rain in the 42nd hour

0.91 inches of rain in the 43rd hour

0.50 inches of rain in the 44th hour

0.50 inches of rain in the 45th hour

2.08 inches of rain in the 46th hour

1.49 inches of rain in the 47th hour

0.50 inches of rain in the 48th hour

TABLE 2

Column 1

Column 2

Drainage Area (square miles)

Percentage

11 to 17 both inclusive

99.2

18 to 25 both inclusive

98.2

26 to 35 both inclusive

97.1

36 to 45 both inclusive

96.3

46 to 55 both inclusive

95.4

56 to 65 both inclusive

94.8

66 to 75 both inclusive

94.2

76 to 85 both inclusive

93.5

86 to 95 both inclusive

92.7

96 to 105 both inclusive

92.0

106 to 175 both inclusive

89.4

176 to 225 both inclusive

86.7

226 to 275 both inclusive

84.0

276 to 325 both inclusive

82.4

326 to 375 both inclusive

80.8

376 to 450 both inclusive

79.3

451 to 550 both inclusive

76.6

551 to 650 both inclusive

74.4

651 to 750 both inclusive

73.3

751 to 850 both inclusive

71.7

851 to 950 both inclusive

70.2

951 to 1050 both inclusive

69.0

1051 to 1750 both inclusive

64.4

1751 to 2250 both inclusive

61.4

2251 to 2750 both inclusive

58.9

2751 to 3000 both inclusive

57.4

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority. R.R.O. 1990, Reg. 144, 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. 144, 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 in the areas described in the Schedules whether such fill is already located in or upon such area, or brought to or on such area from some other place or places; or

(c) straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse. R.R.O. 1990, Reg. 144, 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 the land. R.R.O. 1990, Reg. 144, 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. 144, 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 plan;

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

(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. 144, 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 placed or dumped;

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

(d) four copies of a statement of the proposed use of the land following completion of placing or dumping. R.R.O. 1990, Reg. 144, 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;

(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. 144, s. 6 (3).

7. The Authority may, at any time, withdraw any permission given under this Regulation, if, in the opinion of the Authority, the conditions of the permit are not complied with. R.R.O. 1990, Reg. 144, s. 7.

8. Members of the staff of the Authority are appointed officers to enforce this Regulation. R.R.O. 1990, Reg. 144, s. 8.

SCHEDULE 1

That part of the Catfish Creek and its tributaries comprising lands more specifically described as follows:

That portion of the area under the jurisdiction of the Authority comprising lands within the Town of Aylmer and parts of Malahide Township in the County of Elgin, and being those areas shown within and outlined by the fill line on maps filed in the office of the Registrar of Regulations at Toronto as Nos. 1842 and 1843.

R.R.O. 1990, Reg. 144, Sched. 1.

SCHEDULE 2

That portion of Bradley Creek comprising lands more specifically described as follows:

That portion of the area under the jurisdiction of the Authority comprising lands within the Town of Aylmer in the County of Elgin, and being those areas shown outlined by fill lines on a map filed in the office of the Registrar of Regulations at Toronto as No. 1844.

R.R.O. 1990, Reg. 144, Sched. 2.