O. Reg. 22/91: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - MAITLAND VALLEY CONSERVATION AUTHORITY

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

ONTARIO REGULATION 22/91

Amended to O. Reg. 164/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — MAITLAND VALLEY CONSERVATION AUTHORITY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 164/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means the Maitland Valley Conservation Authority;

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

“drainage area” means, for a point, the area which 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;

“regional storm” means,

(a) for the Nine Mile River watershed, the rainfall, snowmelt or the combination of rainfall and snowmelt which has the probability of occurrence of 1 per cent during any given year,

(b) for rivers, streams and watercourses other than the Nine Mile River watershed, a storm producing in a twelve-hour period, on a drainage area of,

(i) twenty-five square kilometres or less, a rainfall that has the distribution set out in Table 1, or

(ii) 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 (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

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority. O. Reg. 22/91, 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. O. Reg. 22/91, s. 2.

3. Subject to section 4, 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 of any kind or permit fill to be placed or dumped in any area described in the Schedule whether the 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 in any way with the existing channel of a river, lake, creek, stream or watercourse. O. Reg. 22/91, 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, lake, 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 of fill 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. O. Reg. 22/91, s. 4.

5. (1) A signed application for permission to construct a building 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, its elevation and the proposed final grade plan;

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

(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 following completion of the construction. O. Reg. 22/91, 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 and the method of placing or dumping the fill;

(c) four copies of a statement of the dates between which 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. O. Reg. 22/91, 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, 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 and the method to be used to carry out such straightening, change, diversion or interference;

(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. O. Reg. 22/91, 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. O. Reg. 22/91, s. 6.

7. Members of the staff of the Authority are appointed as officers to enforce this Regulation. O. Reg. 22/91, s. 7.

8. Omitted (revokes other Regulations). O. Reg. 22/91, s. 8.

SCHEDULE 1

Introduction

In the counties of Huron, Perth and Bruce, as shown delineated by fill lines indicated on Maps MV1-1-56, 58-67, 69-120, identified by a stamp of the Registrar of Regulations dated the 4th day of July, 1990, and filed in the Southwestern Regional Office of the Ministry of Natural Resources at London, more particularly described as follows:

TOWNSHIP OF COLBORNE

In the Township of Colborne, County of Huron, and being composed of part or all of the following lots:

Lot	Concession	Block	Registered Plan
1-8	IW.D. (Western Division)
1-4, 7, 8	IIW.D. (Western Division)
2-6	IIIW.D. (Western Division)
1-3, 7, 8	IVW.D. (Western Division)
1	VW.D. (Western Division)
2	VIW.D. (Western Division)
2	VIIW.D. (Western Division)
4, 9-11	VIIIW.D. (Western Division)
2, 4-11	IXW.D (Western Division)
2-11	XW.D. (Western Division)
1-11	XIW.D. (Western Division)
3-11	XIIW.D. (Western Division)
10, 11	XIIIW.D. (Western Division)
1-3, 6, 11-14	IE.D. (Eastern Division)
1, 2, 6, 7, 11, 14, 15	IIE.D. (Eastern Division)
2-7, 11-15	IIIE.D. (Eastern Division)
1, 3-5, 10-12	IVE.D. (Eastern Division)
3-5, 10-12	VE.D. (Eastern Division)
2, 3-16	VIE.D. (Eastern Division)
1-17	VIIE.D. (Eastern Division)
8-11, 16	VIIIE.D. (Eastern Division)
5, 6, 9, 10	IXE.D. (Eastern Division)
2, 3	XE.D. (Eastern Division)
1	XIE.D. (Eastern Division)
6-31	Maitland
1, 4-6, 9, 11-13, 15-19	Broken Front
3-6, 8, 9, 11, 12, 15-19	Lake Road West
2-8, 10-12, 16	Lake Road East
		A-G
1-9, 13-15, 25-35, 38-47, 63-69			R.P. 180
Brick Yard			R.P. 180
		A,B,H	R.P. 180
1-21			R.P. 205
		A, B	R.P. 206
5-9			R.P. 546
1-5, 8-12			R.P. 564
A			R.P. 565
5-6			R.P. 567
7			R.P. 569
1-4, 26			R.P. 570
16-18, 54			R.P. 571
4-8			R.P. 576
13, 17-20, 31			R.P. 578
		40	R.P. 578

TOWNSHIP OF ASHFIELD

In the Township of Ashfield, County of Huron, and being composed of part or all of the following lots:

Lot	Concession	Block	Registered Plan
1	IW.D. (Western Division)
1, 2	IIW.D. (Western Division)
1-3	IIIW.D. (Western Division)
1-4	VW.D. (Western Division)
1-5	VIW.D. (Western Division)
5-7	VIIW.D. (Western Division)
1-5	VIIIW.D. (Western Division)
1-9	IXW.D. (Western Division)
1, 2, 7, 8, 10, 11	XW.D. (Western Division)
1-4	XIW.D. (Western Division)
2-4, 11-14	XIIW.D. (Western Division)
4-8, 10-16	XIIIW.D. (Western Division)
7-17	XIVW.D. (Western Division)
1-12	IE.D. (Eastern Division)
1-12	IIE.D. (Eastern Division)
1-6, 9-12	IIIE.D. (Eastern Division)
1-12	IVE.D. (Eastern Division)
1, 8-11	VE.D. (Eastern Division)
1, 8-12	VIE.D. (Eastern Division)
1-6, 8-12	VIIE.D. (Eastern Division)
1-3, 6-8, 10-12	VIIIE.D. (Eastern Division)
3-5, 10-12	IXE.D. (Eastern Division)
1-5, 9-11	XE.D. (Eastern Division)
6-12	XIE.D. (Eastern Division)
5-9, 11, 12	XIIE.D. (Eastern Division)
10-12	XIIIE.D. (Eastern Division)
11, 12	XIVE.D. (Eastern Division)
2, 5, 6	Front S.T.P. (South of Town Plan)
2, 4, 6-17, 19-23, 26-35, 37-45	Front N.T.P. (North of Town Plan)
7, 26-30, 35-40, (W. of Huron St.)			R.P. 136
5, 6, 25-30, 36-45 (E. of Huron St.)			R.P. 136
5, 6, 28-30, 39-46 (W. of Colborne St.)			R.P. 136
5-7, 28, 29, 31-45 (E. of Colborne St.)			R.P. 136
6-8, 32-42 (W. of Arthur St.)			R.P. 136
7, 8, 32-42 (E. of Arthur St.)			R.P. 136
4-8, 32-42 (W. of Sydenham St.)			R.P. 136
4, 5, 33-42 (E. of Sydenham St.)			R.P. 136
4, 5, 33-42 (W. of Wellington St.)			R.P. 136
4, 5, 33-43 (E. of Wellington St.)			R.P. 136
1-6 (N. of Melbourne St.)			R.P. 136
1-7 (S. of Melbourne St.)			R.P. 136
1-9 (N. of Victoria St.)			R.P. 136
2 (S. of Ashfield St.)			R.P. 136
1-3 (N. of South St.)			R.P. 136
8, 9 (W. of London Rd.)			R.P. 136
9, 10 (E. of London Rd.)			R.P. 136
6, 7 (N. of Melbourne St.)			R.P. 139
1, 2, 11-13, 42-43			R.P. 209
5-9			R.P. 280
1-34			R.P. 579
14-35			R.P. 580
28-36			R.P. 581
		E,	R.P. 581
		A	R.P. 587
		C	R.P. 589
24			R.P. 590
10			R.P. 591
		A, B	R.P. 592

TOWNSHIP OF WEST WAWANOSH

In the Township of West Wawanosh, County of Huron, and being composed of part or all of the following lots:

Lot	Concession	Block	Registered Plan
13, 15-21, 24-27	I
13-21, 23, 24, 26, 27	II
13, 15-20, 24-27	III
13-20, 23-27	IV
13-27	V
13-27	VI
13-27	VII
14-17, 20-27	VIII
13-17, 20-27	IX
13-25, 27	X
13-25	XI
13-27	XII
13-27	XIII
13-27	XIV
28			R.P. 301
29-35, 40-43			R.P. 302

TOWNSHIP OF EAST WAWANOSH

In the Township of East Wawanosh, County of Huron, and being composed of part or all of the following lots:

Lot	Concession	Block	Registered Plan
29-35, 37-41	I
28-39	II
28-41	III
28-32, 34-42	IV
28, 29, 31-37, 39-41	V
28-37, 40, 41	VI
30-34, 37-42	VII
29-35, 37-42	VIII
28-39, 42	IX
30-39, 42	X
29-32, 34-42	XI
28-42	XII
28-42	XIII
28-42	XIV
15			R.P. 500
		A	R.P. 500

TOWNSHIP OF GREY

In the Township of Grey, County of Huron, and being composed of part or all of the following lots:

Lot	Concession	Block	Registered Plan
1-70	I
1-8, 11-33	II
2, 4-35	III
1-12, 14-16, 18-20, 22-35	IV
1-9, 11-35	V
4-9, 12-35	VI
4, 5, 8, 9, 15-22, 25-35	VII
6, 7, 10-13, 17, 18, 20-26, 28-35	VIII
4-7, 10-17, 19-22, 24, 26-29, 31-35	IX
2-4, 6, 10-14, 17-34	X
2-27, 30-35	XI
1-15, 17-25, 27-35	XII
1-22, 24, 25, 28, 32-35	XIII
1-11, 14-29, 31, 32, 34, 35	XIV
6-19, 21-25, 28-30, 34, 35	XV
1-4, 11-15, 17-20, 22-35	XVI
2-4, 6, 7, 15-35	XVII
2-7, 9, 17, 18, 21-27	XVIII
240, 241, Mill Reserve			R.P. 207
Park Lots 6, 7, 18, 19, 25, 34,35, 55, 67, 68, 72			R.P. 207
		B	R.P. 207
3, 4, 68-99			R.P. 261

TOWNSHIP OF HOWICK

In the Township of Howick, County of Huron, and being composed of part or all of the following lots:

Lot	Concession	Block	Registered Plan
6-13, 15-19, 21-32	I
3-13, 15-19, 22, 23, 25-32	II
1-15, 17-25, 28, 29, 31, 32	III
1-3, 7-20, 22, 23, 28-32	IV
1-15, 18, 20-24, 27-30, 32	V
1-4, 10-19, 22-32	VI
1-3, 7, 8, 12-14, 16, 17, 22-33	VII
1-4, 7-15, 17, 22-25, 27-33	VIII
1, 3, 4, 6, 7, 9-13, 15-27, 32, 33	IX
1-4, 6-9, 12-22, 24-28, 31-33	X
1-9, 11, 12, 14-24, 26-29, 31-33	XI
1, 2, 4-8, 13-20, 24-28, 30-31	XII
1-14, 16-20, 24-32	XIII
1-10, 12-20, 22-33	XIV
1-19, 21-33	XV
1-6, 8-11, 16-33	XVI
4-7, 10-13, 17-22, 24-27, 30, 31	XVII
6, 7, 12, 13, 19-21	XVIII
11-25, 27-37	A
11-25, 27-37	B
11-17, 19-40	C
17, 24 (N. of Victoria St.)			R.P. 243
1-7 (S. of Victoria St.)			R.P. 243
1-6 (N. of Albert St.)			R.P. 243
1-4 (S. of Albert St.)			R.P. 243
1-4 (N. of Adelaide St.)			R.P. 243
1-4 (S. of Adelaide St.)			R.P. 243
1-4 (N. of Mary St.)			R.P. 243
1-4 (S. of Mary St.)			R.P. 243
1-4 (N. of Louisa St.)			R.P. 243
9 (N. of Alfred St.)			R.P. 243
9 (N. of Helena St.)			R.P. 243
12 (S. of Helena St.)			R.P. 243
11 (N. of Caroline St.)			R.P. 243
10 (S. of Caroline St.)			R.P. 243
9, 16 (N. of South St.)			R.P. 243
Mill Reserve			R.P. 243
1-13, A, B			R.P. 244
1-13			R.P. 245
1, 2			R.P. 246
8-10, 24-30			R.P. 247
		A, C	R.P. 247
14-18, 24-27, 34-38, 61-65, 73-76, 84, 85, 101-106, 113-118, 126-130, 149-154, 159-164, 167-172, 203-228, 261-272, 274-284			R.P. 276
Park Lots 5-7, 9, 12, 13, 15, 18-21			R.P. 276
Mill Race, Reserve			R.P. 276
309, 310			R.P. 277
1, 10, 13-20, 28-30, 32, 34-36			R.P. 282
14-18			R.P. 298
1-4, 25-29 (S. of Fralick St.)			R.P. 316
1-6, 10-15 (N. of Howick St.)			R.P. 316
1-10, 16, 17 (S. of Howick St.)			R.P. 316
11, 13, 29 (N. of Playford St.)			R.P. 316
14-24 (S. of Playford St.)			R.P. 316
16-24 (N. of Gibson St.)			R.P. 316
1-5 (S. of Gibson St.)			R.P. 316
7-12 (S. of Mill St.)			R.P. 316
9-15 (N. of Queen St.)			R.P. 316
7-9 (N. of Ann St.)			R.P. 316
9-11 (W. of Marietta St.)			R.P. 316
7-9 (W. of Centre St.)			R.P. 316
Park Lots 25-37			R.P. 316
		A-D	R.P. 316
14-16 (S. of Playford St.)			R.P. 317
22, 37-43, 51-58, 61, 62			R.P. 317

TOWN OF LISTOWEL

In the Town of Listowel, County of Perth, extending upstream from the western boundary of the Town, being the line between lots 30 and 31 of Concession I in the Township of Elma, to the northeasterly boundary of the Town, being the line between the north half of Lot 22 of Concession I in the Township of Wallace.

VILLAGE OF LUCKNOW

In the Village of Lucknow, in the County of Bruce and the County of Huron, extending upstream from the southerly boundary of the Village, being the line between the north half and south half of Lot 13 of Concession XIV in the Township of West Wawanosh, in the County of Huron, to the northerly boundary of the Village, being the line between the north half and south half of lots 57 to 61 in Concession I in the Township of Kinloss, in the County of Bruce.

O. Reg. 22/91, Sched. 1.