O. Reg. 417/94: FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS - THE PRINCE EDWARD REGION CONSERVATION AUTHORITY, Conservation Authorities Act, R.S.O. 1990, c. C.27

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

ONTARIO REGULATION 417/94

Amended to O. Reg. 173/06

FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS — THE PRINCE EDWARD REGION CONSERVATION AUTHORITY

Note: This Regulation was revoked on May 4, 2006. See: O. Reg. 173/06, s. 13.

This Regulation is made in English only.

1. In this Regulation,

“Authority” means The Prince Edward Region Conservation Authority;

“fill” means any material, 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, permanently or temporarily;

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

“regional storm” means,

(a) for all watercourses within the Authority’s jurisdiction, the rainfall, snowmelt or combination of rainfall and snowmelt that would produce, at a specific point in a river, creek, stream or watercourse, a peak flow which has a probability of occurrence of 1 per cent during any one year,

(b) for the shoreline of Lake Ontario within the Authority’s jurisdiction, the 100 year flood level plus 15 metres measured horizontally;

“river”, “lake”, “creek”, “stream” or “watercourse” means any river, lake, creek, stream or watercourse under the Authority’s jurisdiction. O.Reg. 417/94, s. 1.

2. The areas described in the Schedules are areas in which, in the Authority’s opinion, the placing or dumping of fill may affect the control of flooding or pollution or the conservation of land. O.Reg. 417/94, s.2.

3. No person shall, except in accordance with a permit obtained under section 4,

(a) construct a building or structure or permit a building or structure to be constructed in 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 an area described in the Schedules; or

(c) straighten, change, divert or interfere in any way with the existing channel of a river, lake, creek, stream or watercourse or permit it to be done. O.Reg. 417/94, s. 3.

4. Subject to the Ontario Water Resources Act or to any private interest, the Authority may permit in writing the construction of a building or structure, the placing or dumping of fill or the straightening, changing or diverting of, or interfering with, the existing channel of a river, lake, creek, stream or watercourse, in any area to which section 3 applies if, in the Authority’s opinion, those activities will not adversely affect the control of flooding or pollution or the conservation of land. O.Reg. 417/94, s. 4.

5. No person shall begin to construct any building or structure, place or dump fill or straighten, change, divert or interfere with the existing channel of a river, lake, 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. 417/94, s. 5.

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

(c) a statement of the dates between which the construction will be carried out; and

(d) a statement of the proposed use of the completed building or structure.

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

(a) a plan of the property on which the filling is to be carried out, 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 for use and the method of filling;

(c) a statement of the dates between which the filling will be carried out; and

(d) a statement of the proposed use of the land following completion of the filling.

(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 four copies of,

(a) a plan showing in plan view and cross-section the details of the work;

(b) a description of the protective measures to be undertaken and the method to be used to carry out the work;

(c) a statement of the dates between which the work will be carried out; and

(d) a statement of the purpose of the work. O. Reg. 417/94, s. 6.

7. The Authority may, at any time, withdraw its permission if, in its opinion, the representations contained in the application for permission are not complied with. O.Reg. 417/94, s. 7.

8. The Authority may appoint members of its staff as officers to enforce this Regulation. O. Reg. 417/94, s. 8.

SCHEDULE 1
PRINCE EDWARD COUNTY WETLANDS

Those wetlands consisting of Sawguin Marsh, Wellers Bay, Huyck’s Bay, Fish Lake, Albury Swamp, Cressy Swamp, West Lake, Big Swamp, Salmon Point, Pleasant Bay, Bald Head Reach and East Lake, in the County of Prince Edward, that affect the following lots and parts of lots, as outlined by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 1-1 to PER 1-35 inclusive, and identified by a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

1. In the Township of Ameliasburgh in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

I

All of 60

 

South half of 61 to 86, both inclusive

II

South half of 48 to 57, both inclusive

 

All of 58 to 68, both inclusive

 

North half of 69 to 86, both inclusive

 

North half of 112 to 114, both inclusive

Gore G (north½ )

-------------

South West of Carrying Place

South half of 1 to 6, both inclusive

Huff’s Island

All of 1 to 6, both inclusive

 

North half of 7 to 10, both inclusive

 

All of 11

III

All of 60 to 69, both inclusive

IV

North half of 64 to 68, both inclusive

I Bayside

South half of 89 to 96, both inclusive

 

All of 97 to 100, both inclusive

II Bayside

North half of 89 to 98, both inclusive

2. In the Township of Sophiasburgh in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

I B.F.

North half of 59 to 64, both inclusive

I West of Green Point

South half of 27 to 34, both inclusive

II West of Green Point

South half of 22 to 27, both inclusive

 

All of 28 to 39, both inclusive

II South West of Green Point

North half of 22 to 24, both inclusive

Gore B (north ½)

-----------

Gore D

-----------

II West of Green Point

South half of 48 to 61,both inclusive

III West of Green Point

South half of 39 and 40, both inclusive

 

All of 41 to 51

II South West of Green Point

All of 11 and 12

3. In the Township of Hillier in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

I Lakeside

North half of 18 to 30, both inclusive

II

South half of 20 to 23, both inclusive

 

All of 24 to 36

III

South half of 24 to 33, both inclusive

Stinson Block

All of 12 and 13

4. In the Township of North Marysburgh in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

Lakeside Concession East of Cape Vesey

All of 7 to 11

 

North half of 12 and 13, both inclusive

Bayside Concession

South half of 31 to 33, both inclusive

 

All of 34 to 36

5. In the Township of Hallowell in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

South Side of West Lake

North east half of Sheba’s Island

 

West half of 7 to 14, both inclusive

I North West of West Lake

South half of 10 to 18, both inclusive

I Military Tract

All of 1 to 3

 

South three-quarters of 4

 

All of 5

II North West of Carrying Place

North half of 6

 

All of 7 to 10

Gore G (north ½)

------------

Gerow Gore

All of 52 to 63

III Military Tract

All of 1

 

North half of 2 to 5, both inclusive

Gore E (north ¼)

------------

II Produced

All of 61 and 62

 

South half of 63

6. In the Township of Athol in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

I South Side of East Lake

South half of 22 to 28, both inclusive

Block 1 (South East Corner)

--------

I North Side of East Lake

South half of F

 

South half of 1 to 20, both inclusive

East of East Lake

West half of 2 and 3

South Side of East Lake

All of 1 to 4

O.Reg. 417/94, Sched. 1.

SCHEDULE 2
AMELIASBURGH TOWNSHIP

That part of the shoreline of the Township of Ameliasburgh in the County of Prince Edward that affects the following lots and parts of lots, as outlined by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 2-1 to PER 2-34 inclusive, and identified by a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

Concession

Lot

South West Carrying Place

All of 1

II

All of 109 to 115

III

All of 106 to 110

IV

All of 105 to 107

Stinson Block

North half of 108

 

North half of 1 to 11, both inclusive

 

All of 12

 

North half of 13

South West Carrying Place

All of 13

I

North half of 60 to 106, both inclusive

II

North half of 49 to 58, both inclusive

 

All of 48

Huff’s Island

South half of 6 to 11, both inclusive

O.Reg. 417/94, Sched. 2.

SCHEDULE 3
SOUTH MARYSBURGH TOWNSHIP

That part of the shoreline of Lake Ontario in the Township of South Marysburgh in the County of Prince Edward that affects the following lots and parts of lots, as outlined by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 3-1 to PER 3-22 inclusive, and identified by a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

Concession

Lot

Block XV

South half of 1 to 4, both inclusive

Round Prince Edward Bay

North half of 1 to 10, both inclusive

 

All of 11

 

South half of 12 to 15, both inclusive

 

East half of 16 to 19, both inclusive

 

South half of 20 to 28, both inclusive

Lake Ontario West of Long Point

All of 10 to 14

 

South half of 1 to 4, both inclusive

 

South half of 9

 

South half of I, K, L, M, N, O, P, Q, inclusive

Long Point

South half of 1 to 3, both inclusive

 

All of 4

 

South half of 5 and 6

South of Prince Edward Bay

North half of A

O.Reg. 417/94, Sched. 3.

SCHEDULE 4
SOPHIASBURGH TOWNSHIP

That part of the shoreline of the Township of Sophiasburgh in the County of Prince Edward that affects the following lots and parts of lots, as outlined by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 4-1 to PER 4-46 inclusive, and identified by a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

Concession

Lot

I South West Green Point

South half of 1 and 2

 

South half of 32 to 44, both inclusive

I West of Green Point

All of 1

 

East half of 2 to 4, both inclusive

 

North half of 5 to 54, both inclusive

II BF

North half of 55 to 59, both inclusive

I BF

All of 59 and 60

Big Island

All of 1

 

South half of 2 to 14, both inclusive

 

All of 15

 

South half of 16 and 17

 

All of 18

 

South half of 19 to 21, both inclusive

 

All of 22 to 25

 

North half of 26 to 48, both inclusive

 

All of 49

O.Reg. 417/94, Sched. 4.

SCHEDULE 5
MARSH CREEK

That part of the Marsh Creek watershed in the Township of Hallowell and in the Town of Picton in the County of Prince Edward that affects the following area, and the lots and parts of lots, as outlined by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 5-1 to PER 5-3 inclusive, and identified by a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

1. In the Township of Hallowell in the County of Prince Edward, from east of the Macaulay Mountain Conservation Area parking lot, west to its mouth at Marsh Creek,

(a) the northwestern half of Lot 21, west to the township boundary.

2. In the Town of Picton in the County of Prince Edward, from east of the Macaulay Mountain Conservation Area parking lot, west to its mouth at Marsh Creek and being composed of,

(a) that part from the township line and bounded on the north by Union Street and a line projected westerly across Church Street, Portland Street, Pitt Street and Mill Street, then north along Mill Street to the intersection of Union Street and Bridge Street;

(b) that part from the township line and bounded on the south by Macaulay Mountain, and a line projected westerly across Church Street to Pitt Street, then along Richmond Street and a line projected westerly to Marsh Creek proper.

3. In the Town of Picton in the County of Prince Edward from Bridge Street at Picton Harbour to the Town of Picton boundary at Glenwood Cemetery and being composed of,

(a) that part at the southwestern tip of Picton Harbour to and including that portion of Bridge Street and all of Mortimer Street, and bounded on the west by Main Street East;

(b) that part of the southwestern tip of Picton Harbour to and including that portion of Bridge Street, bounded on the east by the Tip of the Bay Motel, then easterly to Store Street;

(c) that part bounded on the west by Mary Street East and William Street, then southwesterly to the southwest boundary of Delhi Park;

(d) that portion of the wetland draining the pond at Glenwood Cemetery into Marsh Creek;

(e) all of Glenwood Cemetery to the Town of Picton boundary and bounded on the north by Prospect Avenue;

(f) that part bounded on the east by Mill Street and Nicholas Street, and Mount Olive Cemetery, to include all of Delhi Park, southwesterly to the Town of Picton boundary.

4. In the Township of Hallowell in the County of Prince Edward, between Glenwood Cemetery and Airport Road, and being composed of the following lots and concessions:

Concession

Lot

East of Hallowell Bay

West half of 22

South East of Carrying

Place

West half of 1

II

North half of 23

 

All of 23

III

North half of 24

O.Reg. 417/94, Sched. 5.

SCHEDULE 6
CONSECON CREEK

That part of the watershed of Consecon Creek from the Village of Consecon to the hamlet of Allisonville, in the townships of Ameliasburgh and Hillier in the County of Prince Edward, that affects the following lots and parts of lots, as outlined by the fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 6-1 to PER 6-5 inclusive, and identified by a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

1. In the Township of Ameliasburgh in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

IV

South half of 94 to 107, both inclusive

2. Township of Hillier in the County of Prince Edward, and being composed of the following lots and concessions:

Concession

Lot

Stinson Block

North half of 106 to 108, both inclusive

IV

All of 75

 

North half of 76 to 79, both inclusive

V Bayside

North half of 88 to 105, both inclusive

V

All of 87

 

South half of 77 to 86, both inclusive

O.Reg. 417/94, Sched. 6.

SCHEDULE 7
SLAB CREEK

That part of the watershed of Slab Creek, encompassing both north and south banks, from the South Pleasant Bay Road, to Station Road, in the Township of Hillier in the County of Prince Edward, that affects the following lots and parts of lots as outlined by fill lines on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 7-1 and PER 7-2 inclusive, and identified with a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

Concession

Lot

III

South half of 20 to 24, both inclusive

O.Reg. 417/94, Sched. 7.

SCHEDULE 8
BLOOMFIELD CREEK

That part of the watershed of Bloomfield Creek in the Township of Hallowell in the County of Prince Edward between County Road 4 and Stanley Street, Bloomfield, including the Cooper Branch, north of Highway 33, that affects the following lots and parts of lots, as outlined by the fill line on maps filed in the Regional Office of the Ministry of Natural Resources at Aurora, Ontario as Map No. PER 8-1 to PER 8-5 inclusive, and identified with a stamp of the Registrar of Regulations dated September 20, 1993, more particularly described as follows:

Concession

Lot

II Military Tract

South half of 7 to 10, both inclusive

 

North half of 11 to 13, both inclusive

III Military Tract

South half of 11 and 12, both inclusive

 

All of 13

 

North half of 14

O.Reg. 417/94, Sched. 8.