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

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Note: This Regulation was revoked on May 4, 2006.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