R.R.O. 1990, Reg. 150: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - HALTON REGION CONSERVATION AUTHORITY

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Note: This Regulation was revoked on May 4, 2006.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.