R.R.O. 1990, Reg. 152: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - KETTLE CREEK, 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 152

Amended to O. Reg. 181/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — KETTLE CREEK

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 181/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means the Kettle Creek Conservation Authority;

“drainage area” means, for a point, the area that contributes runoff to that point;

“fill” means earth, sand, gravel, building materials, storage materials, 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;

“mm” means millimetres;

“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 (km2)

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. 152, 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. 152, 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, permanently or temporarily, in the areas described in the Schedules; or

(c) straighten, change, divert or interfere in any way with the existing channel of a river, lake, creek, stream or watercourse. R.R.O. 1990, Reg. 152, 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, lake, 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 of fill and the method of construction or placing or dumping of fill or the straightening, changing, diverting or interfering with the existing channel will not affect the control of the flooding or pollution or the conservation of land. R.R.O. 1990, Reg. 152, 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, lake, 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. 152, s. 5.

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

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

(b) a complete description of the type of building or structure 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 or structure following completion of the construction. R.R.O. 1990, Reg. 152, s. 6 (1).

(2) A signed application for permission to place or dump fill shall be filed with the Authority and shall 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. 152, 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, lake, creek, stream or watercourse shall be filed with the Authority and shall include four copies of,

(a) a plan on which shall be shown in plan view and cross section the details of the straightening, change, diversion or interference;

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

(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. 152, s. 6 (3).

7. 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 complied with. R.R.O. 1990, Reg. 152, s. 7.

8. The Authority may appoint, from time to time, officers to enforce this Regulation. R.R.O. 1990, Reg. 152, s. 8.

SCHEDULE 1

That portion of the area under the jurisdiction of the Authority within the fill lines as outlined by a solid line on maps filed with the Regional Office of the Ministry of Natural Resources at London as numbers KC1-1, KC1-2, KC1-4, KC1-5, KC1-7, KC1-8, KC1-10 to KC1-13, both inclusive, and KC1-15 to KC1-17, both inclusive, dated 1970 as follows:

1. In the eastern portion of the Township of Southwold, County of Elgin, and being composed of part or all of the following blocks or lots as shown on Registered Plans:

Registered Plan

Lot

34

1-9 both inclusive

259

12-25 both inclusive

274

21-40 both inclusive

Concession

Lot

Range 1 East River Road

8

 

9

Range 2 East River Road

7-10 both inclusive

North Talbot Road East

42

 

44

 

45

 

B-D

North Talbot Road East Gore

A

Gore

B

South Talbot Road East

40-45 both inclusive

E

1

2. In the City of St. Thomas, County of Elgin, and being composed of part or all of the following blocks or lots as shown on Registered Plans:

Registered Plan

Block

Lot

1

 

1-16 both inclusive

   

D-G both inclusive

   

K-S both inclusive

3

L

 
 

PS

 

9

 

1-9 both inclusive

10

 

1-6 both inclusive

11

 

1-11 both inclusive

15

 

1-4 both inclusive

   

8-14 both inclusive

 

18

3,4

 

24

1

   

2

   

4

19

 

67

   

69-73 both inclusive

   

99

23

 

1-5 both inclusive

   

11-15 both inclusive

   

A-C both inclusive

 

H

 

37

J. Lindsay

 

43

 

99

   

102

   

103

46

 

4-6 both inclusive

61

 

1

   

2

64

 

1

   

9-12 both inclusive

   

18-27 both inclusive

65

 

Cherry St. unopened

   

Second Ave. closed

   

6

 

5

1-16 both inclusive

 

6

1-6 both inclusive

 

6

11-16 both inclusive

 

13

10-13 both inclusive

 

14

1-4 both inclusive

 

14

14-16 both inclusive

 

15

1 and 2

 

16

1-16 both inclusive

 

21

10-18 both inclusive

 

22

3-7 both inclusive

 

22

17

 

22

18

 

24

2-6 both inclusive

 

24

8-16 both inclusive

 

25

5-15 both inclusive

 

26

1-7 both inclusive

 

26

11-18 both inclusive

 

27

6-13 both inclusive

 

30

7-11 both inclusive

 

37

1-18 both inclusive

 

38

1-4 both inclusive

 

39

1-3 both inclusive

 

40

1-9 both inclusive

70

 

31-46 both inclusive

   

58-70 both inclusive

85

 

86, 88, 89

   

97-104 both inclusive

86

 

133-146 both inclusive

   

154-159 both inclusive

   

172-177 both inclusive

   

192-194 both inclusive

   

Pt. Arkell St. closed

110

B

 
 

D-G both inclusive

 
 

K-N both inclusive

 
 

S

 
 

T

 

122

 

1-10 both inclusive

 

A

1-10 both inclusive

 

B

6, 7

 

D

7, 8

 

F

 

125

 

105-120 both inclusive

   

146

   

147

   

178-187 both inclusive

126

 

10-19 both inclusive

130

 

1-4 both inclusive

 

B

3, 4

134

 

7, 8

137

12

1-10 both inclusive

 

13

1

140

 

6-8 both inclusive

 

B

7-15 both inclusive

 

F

1-4 both inclusive

170

 

10-13 both inclusive

174

 

Park Lot F

183

 

15, 16

184

 

16

   

17

   

19-27 both inclusive

   

29-36 both inclusive

188

 

5-20 both inclusive

190

 

2-13 both inclusive

   

16-19 both inclusive

192

 

1-19 both inclusive

   

23-33 both inclusive

195

 

15, 16

196

 

14-19 both inclusive

   

23-26 both inclusive

   

A

203

 

104-106 both inclusive

   

111-124 both inclusive

211

 

6-10 both inclusive

216

 

10-36 both inclusive

218

 

1, 2

   

5

   

21

232

 

1-9 both inclusive

241

 

1

242

 

17

   

19

   

102-104 both inclusive

   

116-129 both inclusive

   

155

   

157-161 both inclusive

   

179-182 both inclusive

   

204

   

205

   

244

   

251-259 both inclusive

   

266-270 both inclusive

243

 

10-16 both inclusive

249

 

13-15 both inclusive

 

A

 

254

 

15

   

75-80 both inclusive

   

83-92 both inclusive

256

 

1

   

56-61 both inclusive

265

 

2-6 both inclusive

269

 

15

   

16

   

33

273

 

18-24 both inclusive

282

 

13-17 both inclusive

 

B

 
 

B

18

284

B

 

293

 

13

   

15

   

16

   

18

 

A

19

297

 

1-10 both inclusive

   

13-16 both inclusive

298

 

56-58 both inclusive

   

60-63 both inclusive

   

168-170 both inclusive

   

191-196 both inclusive

   

200-202 both inclusive

   

206-208 both inclusive

   

245

   

246

 

A-C both inclusive

 
 

K

 
 

L

 

310

 

6

   

7

312

 

10-22 both inclusive

   

24

   

25

   

35-48 both inclusive

 

A

 

M9

 

1-9 both inclusive

M10

 

9

 

C

 

In the City of St. Thomas, (formerly in the Township of Yarmouth), County of Elgin, and being composed of part or all of the following lots:

Concession

Lot

7

3

 

5, 6

8

1

 

2

 

4

9

1-4 both inclusive

 

6

 

pt. unsubdiv. lot

Range South Edgeware Road

3-7 both inclusive

South Talbot Road

45

Range 2 East River Road

10

3. In the western portion of the Township of Yarmouth, County of Elgin, and being composed of part or all of the following blocks or lots as shown on Registered Plans:

Registered Plan

Block

Lot

28

A

1, 2

 

A

4-6 both inclusive

 

B

1-4 both inclusive

 

C

 
 

D

1-3 both inclusive

 

E

 
 

E

1

 

F

 
 

G

1-4 both inclusive

 

H

2

 

J

1, 2

 

J

5

 

K

1-3 both inclusive

144

 

A

 

A

 
 

B

9-22 both inclusive

174

E

 
 

G

 
 

H

 
   

Park lot E

   

Park lot F

   

Park lot G

   

Park lot H

   

Park lot J

   

Park lot K

219

 

11-14 both inclusive

222

 

25-42 both inclusive

230

 

1-6 both inclusive

237

 

21

   

22

   

47

   

48

256

 

25

   

26

   

46

   

62-69 both inclusive

   

71

   

72

263

 

1

   

8

275

 

39-42 both inclusive

In the western portion of the Township of Yarmouth, County of Elgin, and being composed of part or all of the following lots:

Concession

Lot

6

1-4 both inclusive

7

1-7 both inclusive

 

1, 2

 

12

 

13

9

1-6 both inclusive

 

12

 

13

10

3-9 both inclusive

Range 1 North Edgeware Road

1-8 both inclusive

Range 1 South Edgeware Road

1-3 both inclusive

Range 2 North Edgeware Road

1

 

4-8 both inclusive

R.R.O. 1990, Reg. 152, Sched. 1.

SCHEDULE 2

That portion of the area under the jurisdiction of the Authority within the fill lines as outlined by a dashed line on a map filed with the Regional Office of the Ministry of Natural Resources at London as number KC2-1 dated December 12, 1971 as follows:

1. In the Village of Belmont, County of Elgin, and being composed of part or all of the following blocks or lots as shown on Registered Plans:

Registered Plan

Block

Lot

231

 

5

   

7

   

8

   

10-15 both inclusive

   

17-21 both inclusive

   

32

291

 

9

292

McKeller

1-3 both inclusive

319

 

Park lots 2-4 both inclusive

 

Clines

 

M24

A

 
 

B

 
 

C

 
 

E

 
     
   

12-29 both inclusive

   

34-36 both inclusive

M33

 

5-11 both inclusive

   

15

   

16

   

36-38 both inclusive

 

A

 
 

C

 

2. In the Township of Yarmouth, County of Elgin, and being composed of part or all of the following lots:

Concession

Lot

15

15

3. In the Township of North Dorchester, County of Middlesex, and being composed of part or all of the following lots:

Concession

Lot

6

23, 24

4. In the Township of Westminster, County of Middlesex, and being composed of part or all of the following lots:

Concession

Lot

7

1-3 both inclusive

R.R.O. 1990, Reg. 152, Sched. 2.

SCHEDULE 3

That portion of the area under the jurisdiction of the Authority within the fill lines as outlined by a dashed line on maps filed with the Regional Office of the Ministry of Natural Resources at London as numbers KC3-1, dated 1974 and KC3-2, dated November 8, 1970 as follows:

1. In the Village of Port Stanley, County of Elgin, and being composed of part or all of the following blocks or lots as shown on Registered Plans:

Registered Plan

Block

Lot

20

 

1

24

 

75

   

82-84 both inclusive

49

 

1-25 both inclusive

 

A

 
 

B

 
   

B-E both inclusive

   

Y

   

Matilda St. closed

   

John St. closed

112

 

7

   

1-19 both inclusive

   

25-56 both inclusive

   

D

   

Catherine St. closed

   

Blvd.

158

 

5

   

8

   

9

159

 

Park lot A

177

 

4

   

31-35 both inclusive

   

37-44 both inclusive blvd.

201

 

13-15 both inclusive

 

2

 

M-18

A

4-6 both inclusive

11 M-31

 

1-60 both inclusive

 

61-65 both inclusive

 

2. In the Village of Port Stanley, (formerly in the Township of Southwold), County of Elgin, and being composed of part or all of the following lots:

Concession

Lot

1st Range North of Lake Rd.

15-16 both inclusive

 

D

3. In the Village of Port Stanley, (formerly in the Township of Yarmouth), County of Elgin, and being composed of part or all of the following lots:

Concession

Lot

1

1, 2

4. In the Township of Southwold, County of Elgin, and being composed of part or all of the following blocks or lots as shown on Registered Plans:

Registered Plan

Block

Lot

20

 

2-25 both inclusive

   

57-61 both inclusive

39

E

 
 

F

 
 

G

N

 

H

 
 

I

 
 

K

 
 

M

 
 

N

 
 

P

 
 

R

 
   

S

   

T

5. In the Village of Southwold, County of Elgin, and being composed of part or all of the following lots:

Concession

Lot

Range 1 North Lake Road

D

 

14

 

16

Range 2 North Lake Road

14-16 both inclusive

Range 1 South Lake Road

14-16 both inclusive

Range 2 South Lake Road

13-16 both inclusive

2

1

R.R.O. 1990, Reg. 152, Sched. 3.

SCHEDULE 4

That portion of the Kettle Creek watershed and its tributaries within the fill line as outlined by a dashed line on maps entitled “Kettle Creek Conservation Authority Rural Fill Line Mapping” filed in the Regional Office of the Ministry of Natural Resources at London as numbers KC4-1 to KC4-38, both inclusive, KC4-40 to KC4-47, both inclusive, KC4-51 to KC4-53, both inclusive, KC4-55 to KC4-64, both inclusive, KC4-67 to KC4-70, both inclusive, KC4-72 to KC4-76, both inclusive, KC4-81 and KC4-82 all dated May 1976 and revised January, 1985 as follows:

1. In the Township of Delaware in the County of Middlesex, and being composed of the following lots (or part thereof) and concessions:

Concession

Lot

II

13-22 both inclusive

III

19-24 both inclusive

IV

16-24 both inclusive

2. In the Township of North Dorchester in the County of Middlesex, and being composed of the following lots (or part thereof) and concessions:

Concession

Lot

III

15, 16

IV

10

 

13-17 both inclusive

V

6-18 both inclusive

VI

5-8 both inclusive

 

11, 12

 

14-18 both inclusive

 

20-24 both inclusive

3. In the Township of South Dorchester in the County of Elgin, and being composed of the following lots (or part thereof) and concessions:

Concession

Lot

VII

3-23 both inclusive

VIII

4, 5

 

13, 14

 

21-24 both inclusive

4. In the Township of Southwold in the County of Elgin, and being composed of the following lots (or part thereof) and concessions:

Concession

Lot

1st Range South of Union Road

5-16 both inclusive

2nd Range South of Union Road

5-13 both inclusive

Block C

 

3rd Range South of Union Road

5

3rd Range North of Lake Road

5, 6

 

8-13 both inclusive

2nd Range North of Lake Road

9-12 both inclusive

1st Range North of Union Road

9-16 both inclusive

2nd Range North of Union Road

9-12 both inclusive

 

14-16 both inclusive

1st Range West of Mill Road

1-6 both inclusive

2nd Range West of Mill Road

1-5 both inclusive

1st Range East of Mill Road

1-6 both inclusive

1st Range East of River Road

1-8 both inclusive

2nd Range East of River Road

1-9 both inclusive

1st Range West of River Road

2-6 both inclusive

2nd Range West of River Road

3-6 both inclusive

3rd Range West of River Road

4-6 both inclusive

4th Range West of River Road

5, 6

North of Talbot Road East

40-45 both inclusive

Gore

A-C both inclusive

South of North Talbot Road

31-41 both inclusive

East of North Branch of Talbot

A-D both inclusive

Road

41-46 both inclusive

 

48

North of North Branch of Talbot

29-38 both inclusive

Road

40

 

E

West of North Branch of Talbot

G

Road

46-48 both inclusive

III

18-21 both inclusive

 

24-27 both inclusive

IV

18-21 both inclusive

 

24-27 both inclusive

Block D

3

South of Talbot Road East

8, 9

 

17

 

26

 

39-41 both inclusive

 

43, 44

5. In the Township of Westminster in the County of Middlesex, and being composed of the following lots (or part thereof) and concessions:

Concession

Lot

V

7-10 both inclusive

 

12

 

14, 15

VI

2, 3

 

6-17 both inclusive

VII

2, 3, 4

 

6, 7

 

9, 10

 

12-21 both inclusive

VIII

3-12 both inclusive

 

14-23 both inclusive

IX

14, 15

 

19

 

21, 22, 23

Gore

16, 17

 

20, 21

 

23

 

25, 26

East of North Talbot Road

49-55 both inclusive

West of North Talbot Road

49-53 both inclusive

 

59, 60

6. In the Township of Yarmouth in the County of Elgin, and being composed of the following lots (or part thereof) and concessions:

Concession

Lot

II

1-14 both inclusive

 

20, 21

III

1-7 both inclusive

 

9-21 both inclusive

IV

1-15 both inclusive

V

1-7 both inclusive

 

11, 12

 

14, 15, 16

VI

1, 2, 3

 

6-12 both inclusive

Range I North of Edgeware Road

1-7 both inclusive

Range II North of Edgeware Road

4-8 both inclusive

X

2

 

4-12 both inclusive

XI

1-14 both inclusive

XII

1-6 both inclusive

 

9-17 both inclusive

XIII

3-15 both inclusive

 

17

XIV

8-17 both inclusive

XV

15, 16

R.R.O. 1990, Reg. 152, Sched. 4.