R.R.O. 1990, Reg. 150: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - HALTON REGION CONSERVATION AUTHORITY, Conservation Authorities Act, R.S.O. 1990, c. C.27
Conservation Authorities Act
Loi sur les offices de protection de la nature
R.R.O. 1990, REGULATION 150
Amended to O. Reg. 162/06
FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — HALTON REGION CONSERVATION AUTHORITY
Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 162/06, s. 13.
This Regulation is made in English only.
1. In this Regulation,
“Authority” means the Halton Region Conservation Authority;
“construct” means to do anything in the erection, installation, extension, material alteration or repair of a building or structure and includes the installation of a building unit fabricated or moved from elsewhere, and “construction” has a corresponding meaning;
“drainage area” means, for a point, the area that contributes runoff to that point;
“fill” means any material, 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) twenty-five square kilometres or less, a rainfall that has the distribution set out in Table 1, or
(b) more than twenty-five square kilometres, a rainfall such that the number of millimetres of rain referred to in each case in Table 1 shall be modified by the percentage amount shown in Column 2 of Table 2 opposite the size of the drainage area set out opposite thereto in Column 1 of Table 2.
TABLE 1
73 mm of rain in the first 36 hours |
6 mm of rain in the 37th hour |
4 mm of rain in the 38th hour |
6 mm of rain in the 39th hour |
13 mm of rain in the 40th hour |
17 mm of rain in the 41st hour |
13 mm of rain in the 42nd hour |
23 mm of rain in the 43rd hour |
13 mm of rain in the 44th hour |
13 mm of rain in the 45th hour |
53 mm of rain in the 46th hour |
38 mm of rain in the 47th hour |
13 mm of rain in the 48th hour |
TABLE 2
Column 1 |
Column 2 |
Drainage Area (in square kilometres) |
Percentage |
26 to 45 both inclusive |
99.2 |
46 to 65 both inclusive |
98.2 |
66 to 90 both inclusive |
97.1 |
91 to 115 both inclusive |
96.3 |
116 to 140 both inclusive |
95.4 |
141 to 165 both inclusive |
94.8 |
166 to 195 both inclusive |
94.2 |
196 to 220 both inclusive |
93.5 |
221 to 245 both inclusive |
92.7 |
246 to 270 both inclusive |
92.0 |
271 to 450 both inclusive |
89.4 |
451 to 575 both inclusive |
86.7 |
576 to 700 both inclusive |
84.0 |
701 to 850 both inclusive |
82.4 |
851 to 1,000 both inclusive |
80.8 |
1,001 to 1,200 both inclusive |
79.3 |
R.R.O. 1990, Reg. 150, 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. 150, s. 2.
3. Unless permission has been obtained under section 4, no person shall,
(a) construct any building or structure or permit any building or structure to be constructed in any pond, swamp or 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. 150, s. 3.
4. Subject to the Ontario Water Resources Act or to any private interest, the Authority may approve and authorize in writing the issuing of a permit for 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. 150, s. 4.
5. (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. 150, s. 5 (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 when 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. 150, s. 5 (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. 150, s. 5 (3).
6. 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 permission are not carried out or the conditions of the permit are not complied with. R.R.O. 1990, Reg. 150, s. 6.
7. The Authority may appoint officers to enforce this Regulation. R.R.O. 1990, Reg. 150, s. 7.
SCHEDULE 1
SIXTEEN MILE CREEK
In The Regional Municipality of Halton described as follows:
1. In the Town of Oakville, Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot | |
I |
S.D.S. |
18 |
19 | ||
20 | ||
21 | ||
22 | ||
23 | ||
II |
S.D.S. |
16 |
17 | ||
18 | ||
19 | ||
20 | ||
III |
S.D.S. |
14 |
15 | ||
16 |
As shown delineated by the Fill Line on maps numbered HAL-1-T1 to HAL-1-T4 filed in the Regional Office of the Ministry of Natural Resources, Richmond Hill, Ontario.
R.R.O. 1990, Reg. 150, Sched. 1.
SCHEDULE 2
BRONTE CREEK, UPPER MIDDLE ROAD TO LAKE ONTARIO
In The Regional Municipality of Halton described as follows:
1. In the Town of Oakville, Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot |
II |
31 |
32 | |
33 | |
34 | |
III |
31 |
32 | |
IV |
29 |
30 | |
31 |
As shown delineated by the Fill Line on maps numbered HAL-2-T1 to HAL-2-T3 filed in the Regional Office of the Ministry of Natural Resources, Richmond Hill, Ontario.
R.R.O. 1990, Reg. 150, Sched. 2.
SCHEDULE 3
GRINDSTONE CREEK
In The Regional Municipality of Hamilton-Wentworth and The Regional Municipality of Halton described as follows:
1. In the Town of Flamborough (formerly in the Township of West Flamborough), Regional Municipality of Hamilton-Wentworth, and being composed of part or all of the following lots:
Concession |
Lot |
IV |
7 |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
14 | |
15 | |
16 | |
17 | |
18 | |
19 | |
20 | |
21 | |
V |
9 |
10 | |
11 | |
12 | |
13 | |
14 | |
15 | |
16 | |
17 | |
18 | |
VI |
8 |
9 | |
10 | |
11 | |
12 | |
13 | |
14 | |
15 | |
16 | |
17 | |
VII |
10 |
11 | |
12 | |
13 |
2. In the Town of Flamborough (formerly East Flamborough), Regional Municipality of Hamilton-Wentworth, and being part of or all of the following lots:
Concession |
Lot |
III |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
IV |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
V |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
VI |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
VII |
4 |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
VIII |
10 |
11 | |
12 | |
13 | |
IX |
12 |
13 |
3. In the Town of Dundas (formerly West Flamborough), Regional Municipality of Hamilton-Wentworth, and being part of or all of the following lots:
Concession |
Lot |
I |
23 |
24 | |
25 | |
26 | |
27 | |
28 | |
29 | |
II |
23 |
24 | |
25 | |
26 | |
27 | |
28 | |
29 |
4. In the City of Burlington, Regional Municipality of Halton, and being part of or all of the following lots:
Concession |
Lot | |
I |
NDS |
19 |
20 | ||
21 | ||
22 | ||
23 | ||
24 | ||
II |
NDS |
15 |
16 | ||
17 | ||
18 | ||
19 | ||
20 | ||
21 | ||
22 | ||
23 | ||
24 |
5. In the City of Burlington (formerly Nelson), Regional Municipality of Halton, and being part of or all of the following lots:
Concession |
Lot |
I |
1 |
2 | |
II |
1 |
6. In the City of Burlington (formerly East Flamborough), Regional Municipality of Halton, and being part of or all of the following lots:
Concession |
Lot |
I |
5 |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
II |
5 |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 |
As shown delineated by the Fill Line on maps numbered HAL-3-P1 to HAL-3-P23 and HAL-3-P25 to HAL-3-P32 and HAL-3-T1 to HAL-3T38 filed in the Regional Office of the Ministry of Natural Resources, Richmond Hill, Ontario.
R.R.O. 1990, Reg. 150, Sched. 3.
SCHEDULE 4
SIXTEEN MILE CREEK URBAN MILTON
In The Regional Municipality of Halton described as follows:
1. In the Town of Milton, Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot | |
I |
N.S. |
15 |
II |
N.S. |
11 |
12 | ||
13 | ||
14 | ||
15 | ||
III |
N.S. |
11 |
12 | ||
13 | ||
14 | ||
15 | ||
III |
(formerly in the |
1 |
Township of Esquesing |
2 |
The Town of Milton according to Teetzel’s Survey and the Town of Milton according to Foster’s Survey.
As shown delineated by the Fill Line on maps numbered HAL-4-T1 to HAL-4-T5 filed in the Regional Office of the Ministry of Natural Resources, Richmond Hill, Ontario.
R.R.O. 1990, Reg. 150, Sched. 4.
SCHEDULE 5
BRONTE CREEK
In The Regional Municipality of Halton and The Regional Municipality of Hamilton-Wentworth and the County of Wellington described as follows:
1. In the Township of Puslinch, County of Wellington, and being composed of part or all of the following lots:
Concession |
Lot |
Gore |
39 |
VII |
30 |
31 | |
VIII |
29 |
30 | |
31 | |
32 | |
33 | |
34 | |
35 | |
36 | |
37 | |
IX |
27 |
28 | |
29 | |
30 | |
31 | |
32 | |
33 | |
34 | |
35 | |
36 | |
37 | |
X |
28 |
29 | |
30 | |
31 | |
32 | |
33 | |
34 | |
35 | |
36 | |
37 | |
XI |
28 |
29 | |
30 | |
31 | |
32 | |
33 | |
34 | |
36 | |
37 |
2. In the Town of Flamborough (formerly in the Township of West Flamborough), Regional Municipality of Hamilton-Wentworth, and being composed of part or all of the following lots:
Concession |
Lot |
VII |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
VIII |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
IX |
2 |
3 | |
4 | |
5 | |
6 | |
XI |
1 |
2 |
3. In the Town of Flamborough (formerly in the Township of East Flamborough), Regional Municipality of Hamilton-Wentworth, and being composed of part or all of the following lots:
Concession |
Lot |
V |
1 |
VI |
1 |
VII |
4 |
5 | |
VIII |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
IX |
2 |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
X |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
XI |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
XII |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
XIII |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
XIV |
1 |
2 | |
3 | |
4 | |
5 | |
7 | |
8 | |
9 | |
11 | |
12 |
4. In the Town of Flamborough (formerly in the Township of Beverly), Regional Municipality of Hamilton-Wentworth, and being composed of part or all of the following lots:
Concession |
Lot |
VII |
33 |
34 | |
35 | |
36 | |
VIII |
33 |
34 | |
35 | |
36 |
5. In the Town of Milton (formerly in the Township of Nassagaweya), Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot |
I |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
14 | |
15 | |
16 | |
17 | |
18 | |
II |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
14 | |
15 | |
16 | |
17 | |
18 | |
19 | |
20 | |
21 | |
III |
1 |
2 | |
3 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
14 | |
15 | |
16 | |
17 | |
18 | |
19 | |
20 | |
21 | |
IV |
1 |
2 | |
3 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
17 | |
18 | |
19 | |
20 | |
21 | |
22 | |
23 | |
V |
1 |
2 | |
3 | |
21 | |
22 | |
VI |
1 |
2 |
6. In the City of Burlington (formerly in the Township of Nelson), Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot |
I |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
II |
3 |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
III |
3 |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
IV |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
V |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
VI |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 |
7. In the Town of Milton (formerly in the Township of Nelson), Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot |
I |
11 |
12 | |
13 | |
14 | |
15 | |
II |
11 |
12 | |
13 | |
14 | |
15 | |
III |
11 |
12 | |
13 | |
14 | |
15 | |
IV |
11 |
12 | |
13 | |
14 | |
15 | |
V |
11 |
12 | |
13 | |
14 | |
15 | |
VI |
11 |
12 | |
VII |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
14 |
8. In the Town of Milton (formerly in the City of Burlington), Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot | |
II |
NDS |
1 |
2 | ||
3 | ||
4 |
9. In the Town of Milton (formerly in the Township of Trafalgar), Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot |
I |
1 |
2 | |
3 | |
4 | |
5 | |
6 | |
7 | |
8 | |
9 | |
10 | |
11 | |
12 | |
13 | |
14 | |
II |
3 |
4 | |
5 |
10. In the Town of Oakville, Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot | |
I |
SDS |
34 |
35 | ||
II |
SDS |
33 |
34 | ||
35 |
11. In the City of Burlington, Regional Municipality of Halton, and being composed of part or all of the following lots:
Concession |
Lot | |
I |
NDS |
2 |
3 | ||
4 | ||
5 | ||
II |
NDS |
4 |
5 | ||
6 | ||
7 | ||
8 | ||
9 | ||
10 | ||
11 | ||
12 | ||
13 | ||
14 | ||
15 | ||
16 | ||
22 | ||
23 | ||
I |
SDS |
1 |
2 | ||
3 | ||
4 |
As shown delineated by the Fill Line on maps numbered
HAL-5-P1 to HAL-5-P16
HAL-5-P18 to HAL-5-P27
HAL-5-P29 to HAL-5-P38
HAL-5-P41 to HAL-5-P50
HAL-5-P53 to HAL-5-P73
HAL-5-T1 to HAL-5-T7
HAL-5-T9 to HAL-5-T22
HAL-5-T24 to HAL-5-T29
HAL-5-T32
HAL-5-T34 to HAL-5-T58
HAL-5-T60 to HAL-5-T77
HAL-5-T79 to HAL-5-T85
HAL-5-T87 to HAL-5-T97
HAL-5-T99 to HAL-5-T113
HAL-5-T115
HAL-5-T116
filed in the Regional Office of the Ministry of Natural Resources, Richmond Hill, Ontario.
R.R.O. 1990, Reg. 150, Sched. 5.