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

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

ONTARIO REGULATION 260/92

Amended to O. Reg. 149/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — MOIRA RIVER

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 149/06, s. 13.

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.