R.R.O. 1990, Reg. 151: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - HAMILTON REGION

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

R.R.O. 1990, REGULATION 151

Amended to O. Reg. 161/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — HAMILTON REGION

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 161/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means the Hamilton Region Conservation Authority;

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

“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 contour of the ground;

“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;

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority.

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 1000 both inclusive	80.8
1001 to 1200 both inclusive	79.3
1201 to 1500 both inclusive	76.6
1501 to 1700 both inclusive	74.4
1701 to 2000 both inclusive	73.3
2001 to 2200 both inclusive	71.7
2201 to 2500 both inclusive	70.2
2501 to 2700 both inclusive	69.0
2701 to 4500 both inclusive	64.4
4501 to 6000 both inclusive	61.4
6001 to 7000 both inclusive	58.9
7001 to 8000 both inclusive	57.4

R.R.O. 1990, Reg. 151, 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 conservation of land may be affected by the placing or dumping of fill. R.R.O. 1990, Reg. 151, s. 2.

3. No person shall,

(a) construct any building or permit any building 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 the area or brought to or on the area from some other place; or

(c) straighten, change, divert or interfere or permit the straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse,

except pursuant to a permit given under section 4. R.R.O. 1990, Reg. 151, 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 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 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. 151, s. 4.

5. (1) A signed application for permission to construct a building must be filed with the Authority and include four copies of,

(a) a plan of the property showing the proposed location of the building, its elevation and the proposed final grade plan;

(b) a complete description of the type of building to be constructed, including drainage details and the method of construction;

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

(d) a statement of the proposed use of the building following completion of the construction. R.R.O. 1990, Reg. 151, s. 5 (1).

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

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

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

(d) a statement of the proposed use of the land following completion of placing or dumping. R.R.O. 1990, Reg. 151, 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, lake, creek, stream or watercourse must be filed with the Authority and include four copies of,

(a) a plan on which shall be shown in plan view and cross section the details of such straightening, changing, diverting or interfering;

(b) a description of the protective measures to be undertaken and the method to be used to carry out such straightening, changing, diverting or interfering;

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

(d) a statement of the purpose of the proposed work. R.R.O. 1990, Reg. 151, s. 5 (3).

6. The Authority may, at any time, withdraw a permission given under section 4 if the representations contained in the application for permission are not being carried out. R.R.O. 1990, Reg. 151, s. 6.

7. The Authority may appoint officers to enforce this Regulation. R.R.O. 1990, Reg. 151, s. 7.

SCHEDULE 1
TOWN OF DUNDAS

That part of the Municipality of the Town of Dundas, The Regional Municipality of Hamilton-Wentworth within the fill line as outlined by a continuous solid line on maps HamR 1-1 to HamR 1-9, both inclusive, all maps dated December 5, 1985 of the maps entitled “Town of Dundas” filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill, Ontario, more particularly described as follows:

1. The valley containing Spencer Creek and its tributaries within the Town of Dundas.

2. The valley containing Sydenham Creek and its tributaries within the Town of Dundas.

3. The valley containing Ann Street Creek and its tributaries within the Town of Dundas.

4. The valley containing Sulphur Creek and its tributaries within the Town of Dundas.

5. The valley containing Spring Creek and its tributaries within the Town of Dundas.

6. The valley containing Borer’s Creek and its tributaries within the Town of Dundas.

7. The valley containing Cootes Paradise within the Town of Dundas.

R.R.O. 1990, Reg. 151, Sched. 1.

SCHEDULE 2
CITY OF STONEY CREEK

That part of the municipality of the City of Stoney Creek, The Regional Municipality of Hamilton-Wentworth within the fill line as outlined by a continuous solid line on maps HamR 2-1 to HamR 2-5l, both inclusive, all maps dated March 10, 1974 of the maps entitled “City of Stoney Creek” filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill, Ontario, more particularly described as follows:

1. The valley containing Stoney Creek and Battlefield Creek and its tributaries within the City of Stoney Creek.

2. The valleys containing Drainage Courses #3 to #15, both inclusive, and tributaries within the City of Stoney Creek.

3. Certain sections of the Niagara Escarpment within the City of Stoney Creek.

R.R.O. 1990, Reg. 151, Sched. 2.

SCHEDULE 3
TOWN OF ANCASTER

That part of the Municipality of the Town of Ancaster, The Regional Municipality of Hamilton-Wentworth within the fill line as shown by a continuous solid line on maps HamR 3-1 to HamR 3-11, both inclusive, all maps dated December 5, 1985 of the maps entitled “Town of Ancaster” filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill, Ontario, more particularly described as follows:

1. The valley containing Ancaster Creek and its tributaries in the Town of Ancaster.

2. The valley containing Tiffany Creek and its tributaries in the Town of Ancaster.

3. The valley containing Chedoke Creek and its tributaries in the Town of Ancaster.

4. The valley containing Sulphur Creek and its tributaries in the Town of Ancaster.

5. The valley containing Spring Creek and its tributaries in the Town of Ancaster.

R.R.O. 1990, Reg. 151, Sched. 3.

SCHEDULE 4
CITY OF HAMILTON

That part of the Municipality of the City of Hamilton, The Regional Municipality of Hamilton-Wentworth within the fill line as outlined by a continuous solid line on maps HamR 4-1 to HamR 4-25, both inclusive, all maps dated July 24, 1968 of the maps entitled “City of Hamilton” filed in the Regional Office of the Ministry of Natural Resources at Richmond Hill, Ontario, more particularly described as follows:

1. The valley containing Sulphur Creek and its tributaries within the City of Hamilton.

2. The valley containing Chedoke Creek within the City of Hamilton.

3. The valley containing Red Hill Creek and its tributaries within the City of Hamilton.

4. The valley containing Spencer Creek and its tributaries within the City of Hamilton.

5. The valley containing Sterling Creek ravine within the City of Hamilton.

6. The valley containing Cootes Paradise within the City of Hamilton.

7. Certain sections of the Niagara Escarpment within the City of Hamilton.

R.R.O. 1990, Reg. 151, Sched. 4.

SCHEDULE 5
HAMILTON HARBOUR

That part of the Hamilton Harbour within the Municipality of the City of Hamilton, The Regional Municipality of Hamilton-Wentworth located within the jurisdiction of the Hamilton Region Conservation Authority.

R.R.O. 1990, Reg. 151, Sched. 5.

SCHEDULE 6
TOWN OF FLAMBOROUGH

That part of the Municipality of the Town of Flamborough, The Regional Municipality of Hamilton-Wentworth within the fill line as outlined by a continuous solid line on maps HamR 6-1 to HamR 6-98, both inclusive, all maps dated March 10, 1977 of the maps entitled “Town of Flamborough” filed in the Regional Office of the Ministry of Natural Resources, Richmond Hill, Ontario, more particularly described as follows:

1. The valley containing Spencer Creek and its tributaries within the Town of Flamborough.

2. The valley containing Sydenham Creek and its tributaries within the Town of Flamborough.

3. The valley containing Borer’s Creek and its tributaries within the Town of Flamborough.

4. The valley containing Spring Creek and its tributaries within the Town of Flamborough.

5. Certain sections of the Niagara Escarpment within the Town of Flamborough.

6. Certain sections of the Beverly Swamp within the Town of Flamborough.

R.R.O. 1990, Reg. 151, Sched. 6.