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R.R.O. 1990, Reg. 168: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - SAUBLE VALLEY

under Conservation Authorities Act, R.S.O. 1990, c. C.27

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Versions
revoked or spent December 7, 2009
December 31, 1990 December 6, 2009

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

R.R.O. 1990, REGULATION 168

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — SAUBLE VALLEY

Note: This Regulation was revoked on December 7, 2009. See: O. Reg. 462/09. s. 1.

Last amendment: O. Reg. 462/09.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means the Sauble Valley Conservation Authority;

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

“fill” means fill of any kind whether originating on the site or elsewhere. R.R.O. 1990, Reg. 168, s. 1.

2. The areas described in the Schedule 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. 168, 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 below the high-water mark of a lake, river, creek or stream;

(b) place or dump fill or permit fill to be placed or dumped in the areas described in the Schedule 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. 168, 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, 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. 168, 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, 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. 168, s. 5.

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

(a) two 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) two copies of a complete description of the type of building or structure to be constructed, including drainage details;

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

(d) two copies of a statement of the proposed use of the building or structure following completion of the construction.

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

(a) two 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) two copies of a complete description of the type of fill proposed to be placed or dumped;

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

(d) two copies of a statement of the proposed use of the land following completion of placing or dumping.

(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) two 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) two copies of a description of the protective measures to be undertaken;

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

(d) two copies of a statement of the purpose of the proposed work. R.R.O. 1990, Reg. 168, s. 6.

7. The Authority may, at any time, withdraw any permission given under this Regulation if, in the opinion of the Authority, the conditions of the permit are not complied with. R.R.O. 1990, Reg. 168, s. 7.

SCHEDULE

Being composed of lands in the counties of Grey and Bruce that extend a distance of not less than one-half lot from streams, lakes and watercourses described as follows:

1. The whole of the Sauble River and its tributaries from its entry into Lake Huron in the Township of Amabel in the County of Bruce to its source in the Township of Elderslie in the County of Bruce.

2. The whole of the Indian River and its tributaries from its entry into Georgian Bay in the Township of Sarawak in the County of Grey to its source in the Township of Keppel in the County of Grey.

3. That part of the south shore of Georgian Bay lying between the northwesterly boundary of the City of Owen Sound and the easterly boundary of the Town of Wiarton in the County of Bruce.

4. That part of Georgian Bay lying between the northerly boundary of the Town of Wiarton and the westerly limit of the Cape Croker Indian Reserve in the Township of Albemarle in the County of Bruce.

5. That part of the east shore of Lake Huron lying between the entrance of Stoney Creek in the Township of Amabel, in the County of Bruce, northwards to where the northerly limit of Albemarle Township, County of Bruce, intersects the shoreline of Lake Huron.

6. The interior lakes of the counties of Grey and Bruce described as follows: Arran, Chesley, Gould, Boat, Spry, Maryville and Silver Lakes in the Township of Amabel, County of Bruce; Sky, Isaac, Beatty and Berford Lakes in the Township of Albemarle, County of Bruce; Francis, Mountain, Bass, Gowan, Charles, Mary and Sheppard Lakes in the Township of Keppel, County of Grey,

as shown on a map filed in the office of the Registrar of Regulations at Toronto as No. 1349.

R.R.O. 1990, Reg. 168, Sched.