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O. Reg. 33/94: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - KAWARTHA REGION CONSERVATION AUTHORITY

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

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Versions
revoked or spent May 4, 2006
January 31, 1994 May 3, 2006

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

ONTARIO REGULATION 33/94

Amended to O. Reg. 182/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — KAWARTHA REGION CONSERVATION AUTHORITY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 182/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

Authority” means the Kawartha Region Conservation Authority;

“building or structure” 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, rubble, 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;

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the jurisdiction of the Authority;

“regional storm” means a storm producing, in a twelve-hour period, in a drainage area of,

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

(b) more than twenty-five square kilometres, a rainfall such that the number of millimetres of rainfall 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

15 mm of rain in the 1st hour

20 mm of rain in the 2nd hour

10 mm of rain in the 3rd hour

3 mm of rain in the 4th hour

5 mm of rain in the 5th hour

20 mm of rain in the 6th hour

43 mm of rain in the 7th hour

20 mm of rain in the 8th hour

23 mm of rain in the 9th hour

13 mm of rain in the 10th hour

13 mm of rain in the 11th hour

8 mm of rain in the 12th hour

TABLE 2

Column 1

Column 2

Drainage Area (km2)

Reduction Factor Percentage

0 to 25 both inclusive

100

26 to 50 both inclusive

97

51 to 75 both inclusive

94

76 to 100 both inclusive

90

101 to 150 both inclusive

87

151 to 200 both inclusive

84

201 to 250 both inclusive

82

251 to 375 both inclusive

79

376 to 500 both inclusive

76

501 to 750 both inclusive

74

751 to 1000 both inclusive

70

1001 to 1250 both inclusive

68

1251 to 1500 both inclusive

66

1501 to 1800 both inclusive

65

1801 to 2100 both inclusive

64

2101 to 2300 both inclusive

63

2301 to 2600 both inclusive

62

2601 to 3900 both inclusive

58

3901 to 5200 both inclusive

56

5201 to 6500 both inclusive

53

6501 to 8000 both inclusive

50

O. Reg. 33/94, s. 1.

2. The areas described in the Schedules are areas in which, in the opinion of the Authority, the control of flooding, pollution or the conservation of land may be affected by the placing or dumping of fill. O. Reg. 33/94, 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 susceptible to flooding under 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 the fill is already located in or upon such area or brought to or on the 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. O. Reg. 33/94, 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 or 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 of fill or the straightening, changing, diverting or interfering with the existing channel will not affect the control of flooding, pollution or the conservation of land. O. Reg. 33/94, s. 4.

5. No person shall start constructing any building or structure or place or dump 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. 33/94, s. 5.

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

(a) a plan of the property showing the proposed location of the building or structure to be constructed, 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;

(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. 33/94, s. 6 (1).

(2) A signed application for permission to place or dump fill must be filed with the Authority and must include four copies 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 the fill;

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

(d) a statement of the proposed use of the land following the completion of the placing or dumping. O. Reg. 33/94, s. 6 (2).

(3) A signed application for permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse must be filed with the Authority and must include four copies of,

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

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

(d) a statement for the purpose of the work. O. Reg. 33/94, s. 6 (3).

7. The Authority may, at any time, withdraw any permission given under the regulations if, in the opinion of the Authority, the representations of the permit are not complied with. O. Reg. 33/94, s. 7.

8. The Authority may, from time to time, appoint officers to enforce this Regulation. O. Reg. 33/94, s. 8.

SCHEDULE 1

In The Regional Municipality of Durham and more particularly described as follows: In the Township of Brock, being composed of the following lots and part lots, as shown on the maps filed in the Southern Region Office of the Ministry of Natural Resources in Aurora as numbers KRCA 1-1 to KRCA 1-9 inclusive and identified by the stamp of the Registrar of Regulations dated July 20, 1993.

Concession

Lot

1

Pt. 16-19 both inclusive

 

Pt. 21-24 both inclusive

2

Pt. 16-22 both inclusive

 

Pt. 24

3

Pt. 17-19 both inclusive

 

Pt. 22-24 both inclusive

4

Pt. 19-24 both inclusive

5

Pt. 20-24 both inclusive

6

Pt. 20-24 both inclusive

7

Pt. 22-24 both inclusive

O. Reg. 33/94, Sched. 1.

SCHEDULE 2

In The Regional Municipality of Durham and more particularly described as follows: In the Township of Scugog, formerly the Township of Reach, being composed of the following lots and part lots, as shown on the maps filed in the Southern Region Office of the Ministry of Natural Resources in Aurora as numbers KRCA 2-1 to KRCA 2-34 inclusive and identified by the stamp of the Registrar of Regulations dated July 20, 1993.

Concession

Lot

1

Pt. 13

 

Pt. 15-17 both inclusive

 

Pt. 20-24 both inclusive

2

Pt. 13-24 both inclusive

3

Pt. 1-11 both inclusive

 

Pt. 13, 14

 

Pt. 16-19 both inclusive

 

All 20, 21

 

Pt. 22-24 both inclusive

4

Pt. 2-10 both inclusive

 

Pt. 12-19 both inclusive

 

All 20-22 both inclusive

 

Pt. 23, 24

5

Pt. 1-13 both inclusive

 

Pt. 16

 

Pt. 18-20 both inclusive

6

Pt. 3

 

Pt. 5-17 both inclusive

 

Pt. 19, 20

7

Pt. 5-20 both inclusive

8

Pt. 6-14 both inclusive

 

All 15

 

Pt. 16-22 both inclusive

9

Pt. 7-23 both inclusive

10

Pt. 6-21 both inclusive

 

Pt. 23, 24

11

Pt. 9, 10

 

Pt. 12-15 both inclusive

 

Pt. 17-24 both inclusive

12

Pt. 13-17 both inclusive

 

Pt. 19-24 both inclusive

13

Pt. 14-24 both inclusive

14

Pt. 17-20 both inclusive

 

Pt. 22-24 both inclusive

O. Reg. 33/94, Sched. 2.

SCHEDULE 3

In The Regional Municipality of Durham and more particularly described as follows: In the Township of Scugog, formerly the Township of Scugog Island, being composed of the following lots and part lots, as shown on the maps filed in the Southern Region Office of the Ministry of Natural Resources in Aurora as numbers KRCA 3-1 to KRCA 3-13 inclusive and identified by the stamp of the Registrar of Regulations dated July 20, 1993.

Concession

Lot

5

Pt. 1, 2

 

Pt. 21-24 both inclusive

6

Pt. 1, 2

 

All 3

 

Pt. 21-24 both inclusive

7

Pt. 1-5 both inclusive

 

Pt. 22-24 both inclusive

8

Pt. 1-9 both inclusive

 

Pt. 24

9

Pt. 1-9 both inclusive

10

Pt. 2, 3

 

Pt. 5-10 both inclusive

11

Pt. 3-10 both inclusive

12

Pt. 4-7 both inclusive

 

Pt. 10, 11

13

Pt. 6-12 both inclusive

14

Pt. 9

 

All 10, 11

O. Reg. 33/94, Sched. 3.

SCHEDULE 4

In The Regional Municipality of Durham and more particularly described as follows: In the Township of Scugog, formerly the Township of Cartwright, being composed of the following lots and part lots, as shown on the maps filed in the Southern Region Office of the Ministry of Natural Resources in Aurora as numbers KRCA 1-1 to KRCA 1-27 inclusive and identified by the stamp of the Registrar of Regulations dated July 20, 1993.

Concession

Lot

1

Pt. 7-14 both inclusive

 

Pt. 16-21 both inclusive

2

Pt. 1-4 both inclusive

 

Pt. 7-24 both inclusive

3

Pt. 1-5 both inclusive

 

Pt. 7-9 both inclusive

 

Pt. 11-13 both inclusive

 

Pt. 15-22 both inclusive

4

Pt. 1

 

All 2, 3

 

Pt. 4-6 both inclusive

 

Pt. 8-10 both inclusive

 

Pt. 12-14 both inclusive

 

Pt. 16-22 both inclusive

5

All 1-3 both inclusive

 

Pt. 4-6 both inclusive

 

Pt. 8, 9

 

Pt. 11-14 both inclusive

 

Pt. 16-24 both inclusive

6

All 2-4 both inclusive

 

Pt. 5-9 both inclusive

 

Pt. 11-15 both inclusive

 

Pt. 17-19 both inclusive

 

Pt. 21-24 both inclusive

7

All 6, 7

 

Pt. 8-14 both inclusive

 

Pt. 17-21 both inclusive

 

Pt. 23, 24

8

Pt. 10-17 both inclusive

 

Pt. 19-24 both inclusive

9

Pt. 12-24 both inclusive

10

Pt. 17-24 both inclusive

11

Pt. 20-24 both inclusive

12

Pt. 23, 24

O. Reg. 33/94, Sched. 4.

SCHEDULE 5

In the County of Peterborough and more particularly described as follows: In the Township of Cavan, being composed of the following lots and part lots, as shown on the maps filed in the Southern Region Office of the Ministry of Natural Resources in Aurora as numbers KRCA 5-1 to KRCA 5-2 inclusive and identified by the stamp of the Registrar of Regulations dated July 20, 1993.

Concession

Lot

13

Pt. 2, 3

14

Pt. 1-5 both inclusive

O. Reg. 33/94, Sched. 5.

SCHEDULE 6

In the County of Victoria and more particularly described as follows: In the Township of Manvers, being composed of the following lots and part lots, as shown on the maps filed in the Southern Region Office of the Ministry of Natural Resources in Aurora as numbers KRCA 6-1 to KRCA 6-35 inclusive and identified by the stamp of the Registrar of Regulations dated July 20, 1993.

Concession

Lot

2

Pt. 4-8 both inclusive

3

Pt. 1-6 both inclusive

4

Pt. 1-5 both inclusive

5

Pt. 1-9 both inclusive

 

Pt. 15-18 both inclusive

 

Pt. 21, 22

6

Pt. 1-9 both inclusive

 

Pt. 16-24 both inclusive

7

Pt. 1-4 both inclusive

 

Pt. 6-14 both inclusive

 

Pt. 17-23 both inclusive

8

Pt. 1

 

Pt. 3-14 both inclusive

 

Pt. 17-23 both inclusive

9

Pt. 1, 2

 

Pt. 4-10 both inclusive

 

Pt. 13-15 both inclusive

 

Pt. 19-24 both inclusive

10

Pt. 2-11 both inclusive

 

Pt. 13-16 both inclusive

 

Pt. 20-25 both inclusive

11

Pt. 1-4 both inclusive

 

Pt. 6-11 both inclusive

 

Pt. 13-15 both inclusive

 

Pt. 21-24 both inclusive

12

Pt. 1-6 both inclusive

 

Pt. 8-17 both inclusive

 

Pt. 19-23 both inclusive

13

Pt. 1-11 both inclusive

 

Pt. 13-25 both inclusive

14

Pt. 1-13 both inclusive

 

Pt. 17-21 both inclusive

 

Pt. 23-25 both inclusive

O. Reg. 33/94, Sched. 6.