O. Reg. 99/91: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - THE NIAGARA PENINSULA CONSERVATION AUTHORITY

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

ONTARIO REGULATION 99/91

Amended to O. Reg. 155/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — THE NIAGARA PENINSULA CONSERVATION AUTHORITY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 155/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means The Niagara Peninsula Conservation Authority;

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

“fill” means earth, sand, gravel, rubble, rubbish, garbage or any other material, whether similar to or different from any of the aforementioned materials, and 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) for watercourses and tributaries of Shriner’s Creek, Ten Mile Creek, Beaverdams Creek and Tributary W-6-5 in the City of Niagara Falls, a storm producing in a forty-eight hour period, in 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 that has the number of millimetres of rain referred to in each case in Table 1 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;

(b) for all other watercourses within the jurisdictional area of the Authority an event, consisting of rainfall, snowmelt or any combination thereof, that would produce (at a specified point in the watercourse) a flood which has the probability of occurrence or exceedence of 1 per cent in any given year;

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
1001to 1200 both inclusive	79.3

“river”, “creek”, “stream” or “watercourse” means any river, creek, stream or watercourse within the area of jurisdiction of the Authority;

“structure” means that which is formed for a specific use by combining materials or parts;

“swamp” means any lands that are seasonally or permanently covered by shallow water as well as lands where the water table is close to or at the surface, and includes marshes, bogs and fens. O. Reg. 99/91, s. 1.

2. The areas described in the Schedules, and areas susceptible to flooding during a regional storm, are defined 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. 99/91, s. 2.

3. Unless prior written approval is obtained through 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 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 or permit the straightening, changing, diversion or interference in any way with the existing channel of a river, creek, stream or watercourse. O. Reg. 99/91, s. 3.

4. Despite section 3, 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. O. Reg. 99/91, 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. O. Reg. 99/91, s. 5.

6. (1) A signed application for permission to construct a building or structure shall be filed with the Authority and shall include one copy 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. O. Reg. 99/91, s. 6 (1).

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

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

(d) a statement of the proposed use of the land following completion of the placing or dumping. O. Reg. 99/91, 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, creek, stream or watercourse shall be filed with the Authority and shall include one copy of,

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

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

(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. O. Reg. 99/91, 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 conditions of the permit are not complied with. O. Reg. 99/91, s. 7.

8. The Authority may, from time to time, appoint officers to enforce this Regulation. O. Reg. 99/91, s. 8.

9. Omitted (revokes other Regulations). O. Reg. 99/91, s. 9.

SCHEDULE 1

In The Regional Municipality of Niagara, as shown delineated by fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora as Map numbers NP 1-1 to NP 1-8, dated July, 1976, both inclusive, more particularly described as follows:

Twelve Mile Creek

1. That part of the watershed of Twelve Mile Creek extending from Wellandvale Road in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Grantham in the County of Lincoln, to its outlet into Lake Ontario in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Grantham in the County of Lincoln, composed of those parts of the following lots and concessions:

(a) in the City of St. Catharines (formerly in the Township of Grantham)

Concession	Lot
Broken Front	Part of 21
I	Parts of 20 to 23, both inclusive
II	Parts of 20 to 23, both inclusive
III	Parts of 22 and 23
IV	Parts of 21 to 23, both inclusive
V	Parts of 21 to 23, both inclusive
VI	Parts of 20 and 21

(b) in the City of St. Catharines (formerly in the Township of Louth)

Concession	Lot
Broken Front	Part of 1
I	Part of 1

Richardson Creek

2. That part of the watershed of Richardson Creek extending from Lot 23 in Concession VIII, in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Grantham in the County of Lincoln, to its confluence with Twelve Mile Creek in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Louth and the Township of Grantham in the County of Lincoln, composed of those parts of the following lots and concessions:

(a) in the City of St. Catharines (formerly in the Township of Louth)

Concession	Lot
Broken Front	Parts of 1 and 2
I	Parts of 1 and 2
II	Parts of 1 and 2
III	Parts of 1 and 2
IV	Part of 1
V	Part of 1

(b) in the City of St. Catharines (formerly in the Township of Grantham)

Concession	Lot
V	Part of 23
VI	Part of 23
VII	Part of 23
VIII	Part of 23

Francis Creek

3. That part of the watershed of Francis Creek extending from Lot 21 in Concession VIII, in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Grantham in the County of Lincoln, to its confluence with Richardson Creek in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Louth in the County of Lincoln, composed of the following lots and concessions:

(a) in the City of St. Catharines (formerly in the Township of Grantham)

Concession	Lot
VI	Parts of 21 to 23, both inclusive
VII	Parts of 21 and 22
VIII	Parts of 20 and 21

(b) in the City of St. Catharines (formerly in the Township of Louth)

Concession	Lot
IV	Part of 1

Grapeview Creek

4. That part of the watershed of Grapeview Creek extending from Lot 22 in Concession V, in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Grantham in the County of Lincoln, to its confluence with Richardson Creek in the City of St. Catharines in The Regional Municipality of Niagara, formerly in the Township of Louth in the County of Lincoln, composed of the following lots and concessions:

(a) in the City of St. Catharines (formerly in the Township of Louth)

Concession	Lot
I	Part of 1
II	Part of 1

(b) in the City of St. Catharines (formerly in the Township of Grantham)

Concession	Lot
III	Part of 23
IV	Part of 23
V	Parts of 22 and 23

O.  Reg. 99/91, Sched. 1.

SCHEDULE 2

In The Regional Municipality of Niagara, as shown delineated by fill lines on maps in the Regional Office of the Ministry of Natural Resources at Richmond Hill as Map numbers NP 2-1 to NP 2-3, NP 2-5 and NP 2-6, dated May, 1974, and NP 2-4, dated May, 1974, more particularly described as follows:

Beaverdams Creek and Tributary W-6-5

1. That part of the watershed of Beaverdams Creek and Tributary W-6-5 in the City of Niagara Falls, formerly in the Township of Stamford in the County of Welland, being composed of those parts of the following lots:

Lot

Parts of 101 to 103, both inclusive

Parts of 118 to 120, both inclusive

Parts of 136 to 138, both inclusive

Parts of 151 to 154, both inclusive

Shriner’s Creek

2. That part of the watershed of Shriner’s Creek in the City of Niagara Falls, formerly in the Township of Stamford in the County of Welland, being composed of those parts of the following lots:

Lot

Parts of 53, 54, 63, 69, 70, 80, 81

Parts of 83 to 86, both inclusive

Parts of 99 to 101, both inclusive

Part of 103

Ten Mile Creek

3. That part of the watershed of Ten Mile Creek in the City of Niagara Falls, formerly in the Township of Stamford in the County of Welland, being composed of those parts of the following lots:

Lot

Parts of 32, 48, 50, 51, 66

O. Reg. 99/91, Sched. 2.

SCHEDULE 3

In The Regional Municipality of Niagara, as shown delineated by fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora as Map numbers NP 3-1 to NP 3-10, dated July, 1977, both inclusive, more particularly described as follows:

Lyon’s Creek

1. That part of the watershed of Lyon’s Creek extending from the St. Lawrence Seaway Authority Service Road adjacent to the eastern bank of the Welland Canal in the City of Welland in The Regional Municipality of Niagara, formerly in the Township of Crowland in the County of Welland, to its outlet into the Welland River in the City of Niagara Falls in The Regional Municipality of Niagara, formerly in the Township of Willoughby in the County of Welland, composed of those parts of the following lots and concessions:

(a) in the City of Welland (formerly in the Township of Crowland)

Concession	Lot
VII	Parts of 17 to 20, both inclusive
VI	Parts of 15 to 20, both inclusive
V	Parts of 11 to 16, both inclusive
IV	Parts of 10 to 13, both inclusive

(b) in the City of Niagara Falls (formerly in the Township of Crowland)

Concession	Lot
IV	Parts of 1 to 9, both inclusive
III	Part of 1

(c) in the City of Niagara Falls (formerly in the Township of Willoughby)

Concession	Lot
VII	Parts of 7 to 15, both inclusive
VI	Parts of 14 to 16, both inclusive
V	Parts of 15 and 16
Broken Front, Welland River	Parts of 1 to 6, both inclusive
III	Parts of 19 to 21, both inclusive

O. Reg. 99/91, Sched. 3.

SCHEDULE 4

In The Regional Municipality of Niagara, as shown delineated by fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora as Map numbers NP-WR-47 to NP-WR-60, both inclusive, and NP-TC-1 to NP-TC-12, both inclusive, identified by a stamp of the Registrar of Regulations dated the 28th day of February, 1992 and more particularly described as follows:

Welland River

1. That part of the watershed of the Welland River extending from the Caistor-Binbrook Town Line Road, in the Township of Glanbrook in The Regional Municipality of Hamilton-Wentworth, formerly in the Township of Binbrook in the County of Wentworth, westerly to Regional Road No. 233, in the Township of Glanbrook in The Regional Municipality of Hamilton-Wentworth, formerly in the Township of Glanford in the County of Wentworth, composed of those parts of the following lots and concessions:

(a) in the Township of Glanbrook (formerly in the Township of Binbrook)

Concession	Lot
X	Parts of 28 to 33, both inclusive
IX	Parts of 21 to 33, both inclusive
VIII	Parts of 17 to 19, both inclusive
VIII	Parts of 23 to 29, both inclusive
VI	Parts of 17 to 27, both inclusive

(b) in the Township of Glanbrook (formerly in the Township of Glanford)

Concession	Lot
VIII	Parts of 11 to 16, both inclusive
VII	Parts of 5 to 16, both inclusive
VI	Parts of 1 to 6, both inclusive
V	Parts of 1 and 2

Twenty Mile Creek

2. That part of the watershed of Twenty Mile Creek extending from the Caistor-Binbrook Town Line Road, in the Township of Glanbrook in The Regional Municipality of Hamilton-Wentworth, formerly in the Township of Binbrook in the County of Wentworth, westerly and north-westerly to the northern limit of the Hydro Electric Power Commission lands (Glanbrook/Hamilton boundary) at Lot 4, Concession 1, in the Township of Glanbrook in The Regional Municipality of Hamilton-Wentworth, formerly in the Township of Glanford in the County of Wentworth, composed of those parts of the following lots, blocks and concessions:

(a) in the Township of Glanbrook (formerly in the Township of Binbrook)

Concession	Block	Lot
II	1	Parts of 1 to 5, both inclusive
II	2	Parts of 1 to 5, both inclusive
II	3	Parts of 1 to 5, both inclusive
II	4	Parts of 1 to 5, both inclusive
II	5	Parts of 5 and 6

(b) in the Township of Glanbrook (formerly in the Township of Glanford)

Concession	Lot
IV	Parts of 11 to 16, both inclusive
III	Parts of 10 to 16, both inclusive
II	Parts of 5 to 11, both inclusive
I	Parts of 4 to 6, both inclusive

O. Reg. 266/92, s. 1.

SCHEDULE 5

In The Regional Municipality of Niagara, as shown delineated by fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, as Map numbers NP-5-1 to NP-5-20, both inclusive, identified by a stamp of the Registrar of Regulations dated August 6, 1993 and more particularly described as follows:

Welland River

1. That part of the watershed of the Welland River commencing at the Niagara River in the Village of Chippawa, in the City of Niagara Falls in The Regional Municipality of Niagara, former Township of Willoughby, southwesterly to the boundary of the City of Welland and the Town of Pelham, more particularly described as the limit of Lot 1, Concession 14, City of Welland, Regional Municipality of Niagara, former Township of Pelham, and Lot 2, Concession 14, Town of Pelham, Regional Municipality of Niagara, former Township of Pelham, composed of those parts of the following lots and concessions:

(a) in the City of Niagara Falls (formerly in the Township of Willoughby)

Concession	Lot
I	Part of 23
II	Parts of 22 and 23
III	Part of 23
Broken Front	Parts of lots 1 through 10, both inclusive

(b) in the City of Niagara Falls (formerly in the Township of Stamford)

Lot

Part of 192

Parts of 202 through 224, both inclusive

(c) in the City of Niagara Falls (formerly in the Township of Crowland)

Concession	Lot
Broken Front	Parts of 1 through 18, both inclusive
I	Parts of 16 through 21, both inclusive
II	Part of 22
III	Part of 23
IV	Parts of 23 and 24
V	Parts of 26 through 29, both inclusive
VI	Parts of 28 through 30, both inclusive
VII	Part of 31

(d) in the City of Welland (formerly in the Township of Thorold)

Lot

Parts of 195 and 196

Parts of 200 through 203, both inclusive

Parts of 222 and 223

Part of 229

Part of 238

Parts of 247 and 248

Part of 255

Parts of 259 and 260

(e) in the City of Welland (formerly in the Township of Thorold)

Concession	Lot
Broken Front	Parts of 197 through 199, both inclusive
Broken Front	Part of 215
Broken Front	Part of 223
Broken Front	Part of 238
Broken Front	Parts of 248 through 250, both inclusive
Broken Front	Part of 256

O. Reg. 508/94, s. 1.