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O. Reg. 260/92: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - MOIRA RIVER

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

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Versions
revoked or spent May 4, 2006
November 21, 1994 May 3, 2006

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

ONTARIO REGULATION 260/92

Amended to O. Reg. 725/94

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — MOIRA RIVER

Historical version for the period November 21, 1994 to May 3, 2006.

This Regulation is made in English only.

1. In this Regulation,

Authority” means the Moira River Conservation Authority;

“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, whether on a temporary or permanent basis;

“fill line” means any line designated as such on the maps referred to in the Schedules;

“regional storm”,

(a) within the Moira River watershed, except the Bay of Quinte shoreline, means rainfall, snowmelt or a combination of rainfall and snowmelt that would produce at a specific point in a river, creek, stream or watercourse a peak flow that has the probability of occurrence of 1 per cent during any one year,

(b) along the Bay of Quinte shoreline for the Great Lakes-St. Lawrence River System, means the 100 year flood level plus an allowance for wave uprush and other water-related hazards that equals 15 metres measured horizontally from that flood line;

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority. O. Reg. 260/92, s. 1; O. Reg. 725/94, 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. O. Reg. 260/92, s. 2.

3. (1) Unless the prior written permission of the Authority is obtained under clause 4 (a), no person shall construct, commence to construct, permit the construction of, or permit the commencement of construction of a building or structure in or on a pond or swamp or in an area susceptible to flooding during a regional storm. O. Reg. 260/92, s. 3 (1).

(2) Unless the prior written permission of the Authority is obtained under clause 4 (b), no person shall place or dump, commence to place or dump, permit the placing or dumping of, or permit the commencement of placing or dumping of fill, either temporarily or permanently, in an area described in the Schedules, whether the fill is already located in or upon the area or is brought to or on the area from some other place. O. Reg. 260/92, s. 3 (2).

(3) Unless the prior written permission of the Authority is obtained under clause 4 (c), no person shall straighten, change, divert or interfere in any way with, commence to straighten, change, divert or interfere in any way with, permit the straightening, changing, diverting or interfering in any way with, or permit the commencement of straightening, changing, diverting or interfering in any way with the existing channel of a river, lake, creek, stream or watercourse. O. Reg. 260/92, s. 3 (3).

4. Subject to the Ontario Water Resources Act and any private interest,

(a) the Authority may permit in writing the construction of a building or structure to which subsection 3 (1) applies if, in the opinion of the Authority, the site of the building or structure and the method of construction will not affect the control of flooding or pollution or the conservation of land;

(b) the Authority may permit in writing the placing or dumping of fill to which subsection 3 (2) applies if, in the opinion of the Authority, the site of the placing or dumping of fill and the method of placing or dumping of fill will not affect the control of flooding or pollution or the conservation of land; and

(c) the Authority may permit in writing the straightening, changing, diverting or interfering in any way with the existing channel of a river, lake, creek, stream or watercourse to which subsection 3 (3) applies if, in the opinion of the Authority, the method of 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. 260/92, s. 4.

5. (1) A person who applies to the Authority for permission to construct a building or structure shall sign and file with the Authority an application for permission which shall include,

(a) four 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) four copies of a complete description of the type of building or structure 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 or structure following completion of the construction. O. Reg. 260/92, s. 5 (1).

(2) A person who applies to the Authority for permission to place or dump fill shall sign and file with the Authority an application for permission which 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 the placing or dumping. O. Reg. 260/92, s. 5 (2).

(3) A person who applies to the Authority for permission to straighten, change, divert or interfere in any way with the existing channel of a river, lake, creek, stream or watercourse shall sign and file with the Authority an application for permission which shall include,

(a) four copies of a plan on which shall be shown in plan view and cross section the details of such straightening, changing, diverting or interfering;

(b) four copies of description of the protective measures to be undertaken and the method to be used to carry out such straightening, changing, diverting or interfering;

(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. 260/92, 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. 260/92, s. 6.

7. Members of the staff of the Authority are appointed as officers to enforce this Regulation. O. Reg. 260/92, s. 7.

8. Omitted (revokes other Regulations). O. Reg. 260/92, s. 8.

SCHEDULE 1

That part of the watershed of the Moira River within the County of Hastings, within the City of Belleville affecting all or part of the lots described below, including all opened and closed road allowances, as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources in Aurora, Ontario as Maps MR1-3, MR1-5 to MR1-8 inclusive and identified by a stamp of the Registrar of Regulations dated July 11, 1994.

1. In the City of Belleville,

i. That part bounded generally by Dundas Street to the south, and Coleman Street to the west, Front Street to the east, to their intersections with Moira Street to the north.

ii. That part bounded generally to the southwest by Front Street, Moira Street to the west, to the intersection with College Street, and Station Street to the southeast, to its intersection with Cannifton Road, north to its intersection with Johnson Street, Johnson Street north to the CNR right-of-way, east along the CNR right-of-way to Cannifton Road, north along Cannifton Road to its intersection with College Street.

iii. That part bounded in the south by College Street, Moira Street to the west, north to its intersection with North Park Gardens, north along North Park Street to the Highway 401, Cannifton Road to the east, and Highway 401 to the north.

O. Reg. 725/94, s. 2.

SCHEDULE 2

That part of the watershed of the Moira River within the County of Hastings affecting all or part of the lots described below, including all opened, unopened and closed road allowances, as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources in Aurora, Ontario as Maps MR2-7A to MR2-7E inclusive, MR2-11C, MR2-21A, MR2-23A to MR2-23D inclusive, MR2-28A, MR2-29A, MR2-1 to MR2-8, MR2-10 to MR2-46, MR2-48 to MR2-80 inclusive and identified by a stamp of the Registrar of Regulations dated July 11, 1994.

1. In the Township of Thurlow,

Concession

Lot

II

4, 5

III

4-9 inclusive

IV

1-8 inclusive

V

10-14 inclusive

VI

1-29 inclusive

VII

1-17 inclusive

 

24-29 inclusive

VIII

2, 3

 

28-31 inclusive

2. In the Township of Sidney,

Concession

Lot

IV

38

V

38

VI

29-38 inclusive

VII

29-38 inclusive

VIII

35-37 inclusive

3. In the Township of Tyendinaga,

Concession

Lot

VIII

1-7 inclusive

IX

5-7 inclusive

4. In the Township of Hungerford,

Concession

Lot

I

4, 5

II

4, 5

III

4, 5

IV

2-7 inclusive

V

2-8 inclusive

VI

7-14 inclusive

VII

9-15 inclusive

VIII

9-15 inclusive

IX

11, 12

 

14-19 inclusive

X

1-3 inclusive

 

12-20 inclusive

XI

10, 11

XII

10, 11

XIII

1-3 inclusive

 

7-11 inclusive

XIV

1-3 inclusive

5. In the Village of Tweed,

Concession

Lot

IX

11, 12 and 14

X

10-12 inclusive

XI

10

6. In the Township of Huntingdon,

Concession

Lot

XII

1-14 inclusive

XIII

5-20 inclusive

XIV

8-20 inclusive

7. In the Township of Madoc,

Concession

Lot

VIII

1

IX

1-3 inclusive

X

1, 2

8. In the Township of Elzevir,

Concession

Lot

I

1-3 inclusive

II

1-3 inclusive

III

1

IV

1, 2

V

2, 3

O. Reg. 725/94, s. 2.

SCHEDULE 3

That part of the watershed of Bell Creek within the County of Hastings affecting all or part of the lots described below, including all opened and closed road allowances, delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources in Aurora, Ontario as Maps MR3-4A to MR3-4B, MR3-1 to MR3-8 inclusive and identified by a stamp of the Registrar of Regulations dated July 11, 1994.

1. In the City of Belleville (formerly the Township of Thurlow),

Concession

Lot

BF

N ½ 15

I

9-15 inclusive

II

11-15 inclusive

2. In the Township of Thurlow,

Concession

Lot

I

16

II

16-19 inclusive

III

11-15 inclusive

O. Reg. 725/94, s. 2.

SCHEDULE 4

That part of the watershed of the Moira River within the County of Hastings, within the City of Belleville, affecting all or part of the lots described below, including all opened, unopened and closed road allowances, as delineated by the fill line on maps filed in the Regional Office the Ministry of Natural Resources in Aurora, Ontario as Maps MR4-1, MR4-3 to MR4-5 inclusive, MR4-7 to MR4-14 inclusive, MR4-16 to MR4-33 inclusive and identified by a stamp of the Registrar of Regulations dated July 11, 1994.

1. In the Township of Sidney,

Concession

Lot

BF

30-34 inclusive

2. In the City of Belleville, that part bounded generally on the west by Wallbridge-Loyalist Road, 540 m east of Haig Rd. to the east, generally CP right-of-way and portions of Highway No. 2 and Belleville Cemetery to the north and Bay of Quinte to the south.

3. In the Township of Thurlow,

Concession

Lot

BF

15-31 inclusive

O. Reg. 725/94, s. 2.

SCHEDULE 5

That part of the watershed of Deer Creek within the Village of Madoc, County of Hastings, affecting all or part of the lots described below, including all opened, unopened and closed road allowances, as delineated by the line on maps filed in the Regional Office of the Ministry of Natural Resources in Aurora, Ontario as Maps MR5-1 to MR5-3 inclusive and identified by a stamp of the Registrar of Regulations dated July 11, 1994.

1. In the Village of Madoc,

Concession

Lot

V

1, 2

VI

1, 2

XIV

11, 12

O. Reg. 725/94, s. 2.

SCHEDULE 6

That part of the watershed of Potter Creek within the County of Hastings affecting all of part of the lots described below, including all opened, unopened and closed roads allowances, as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources in Aurora, Ontario as Maps MR6-2 to MR6-26 inclusive and identified by a stamp of the Registrar of Regulations dated July 11, 1994.

1. In the Township of Sidney,

Concession

Lot

I

30-35 inclusive

II

28-36 inclusive

III

25-35 inclusive

IV

28-31 inclusive

O. Reg. 725/94, s. 2.

SCHEDULE 7

That part of the watershed of the Moira River within the County of Hastings affecting all or part of the lots described below, including all opened, unopened and closed road allowances, as delineated by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources in Aurora, Ontario as Maps MR7-5, MR7-6, MR7-8A to MR7-8B, MR7-9A to MR7-9C inclusive, MR7-10, MR7-12A to MR7-12C inclusive, MR7-13, MR7-14A to MR7-14B, MR7-15A to MR7-15B, MR7-16A to MR7-16B, MR7-18A to MR7-18C inclusive, MR7-19A to MR7-19D inclusive, MR7-20A to MR7-20D inclusive, MR7-22A to MR7-22B, MR7-24A to MR7-24B, MR7-25A to MR7-25B, MR7-26, MR7-27A to MR7-27D inclusive, MR7-30A to MR7-30C inclusive, MR7-31, MR7-32A to MR7-32C inclusive, MR7-33, MR7-34, MR7-35, MR7-36A to MR7-36C inclusive, MR7-37, MR7-38, MR7-39A to MR7-39D inclusive and identified by a stamp of the Registrar of Regulations dated July 11, 1994.

1. In the Township of Tyendinaga,

Concession

Lot

III

3-15 inclusive

IV

4-16 inclusive

V

2-8 inclusive

VI

2-9 inclusive

2. In the Township of Huntingdon,

Concession

Lot

VIII

16-18 inclusive

IX

14-20 inclusive

X

13-20 inclusive

XI

14-18 inclusive

XII

16-20 inclusive

3. In the Township of Hungerford,

Concession

Lot

I

8, 9

 

18-22 inclusive

 

31-36 inclusive

II

8-10 inclusive

 

21-23 inclusive

 

31-36 inclusive

III

17, 18

 

23-25 inclusive

IV

17, 18

 

24-28 inclusive

V

17-19 inclusive

 

24-29 inclusive

 

33-37 inclusive

VI

2-6 inclusive

 

19-21 inclusive

 

25

 

27

 

28

VII

6

 

7

 

E ½ 15

 

16-21 inclusive

VIII

18

 

19

 

23-27 inclusive

IX

1

 

23-33 inclusive

X

1

 

22-30 inclusive

 

32-34 inclusive

XI

4-6 inclusive

 

15-17 inclusive

 

23-28 inclusive

XII

4-7 inclusive

 

16-22 inclusive

 

26-28 inclusive

XIII

16-23 inclusive

XIV

19-23 inclusive

4. In the Township of Madoc,

Concession

Lot

I

5-9 inclusive

II

6

V

7-12 inclusive

VI

8

 

11

 

12

 

14-20 inclusive

VII

8-14 inclusive

 

16-19 inclusive

VIII

11-14 inclusive

IX

4, 5

X

4, 5

 

16-18 inclusive

XI

15-17 inclusive

5. In the Township of Marmora,

Concession

Lot

V

1-3 inclusive

VI

1-6 inclusive

VII

6

VIII

7

 

8

IX

6-12 inclusive

X

7-13 inclusive

XI

5-12 inclusive

6. In the Township of Sheffield,

Concession

Lot

I

9-13 inclusive

II

12-16 inclusive

III

14-16 inclusive

7. In the Township of Kaladar,

Concession

Lot

I

2-4 inclusive

II

3-6 inclusive

III

5-8 inclusive

IV

8

8. In the Township of Rawdon,

Concession

Lot

XII

1, 2

XIII

1, 2

XIV

15, 16

9. In the Township of Elzevir,

Concession

Lot

I

14-17 inclusive

10. In the Township of Richmond,

Concession

Lot

XI

6-9 inclusive

O. Reg. 725/94, s. 2.