188.8.131.52 Permitted Activity Rule - Fords
- Unless controlled by Rule 184.108.40.206 the use, erection, reconstruction, placement, alteration or extension of a ford and associated bed disturbances in, on, under or over the bed of a river or lake, and
- Any discharge of sediment associated with construction activities;
- The associated deposition of construction materials
are permitted activities subject to the following conditions:
- The structure shall be constructed in a location where there are hard and stable beds and banks.
- The entry and exit points of the structure shall be constructed and maintained to prevent erosion of the beds and banks.
- The structure shall not divert water or contain pipes or culverts within it.
- The structure shall be designed so that there is no increase in water velocity or water level across the structure.
- The structure shall not reduce the cross sectional area of the channel or raise the level of the bed.
- Where the ford is used for livestock crossing the conditions of Rule 220.127.116.11 shall be complied with.
- The construction works shall comply with the suspended solids discharge standards as set out in Section 4.2.21.
- The structure shall not be located in a water body identified as Natural State in the Water Management Class Maps of this Plan.
- All equipment and surplus construction materials shall be removed from the river or lake bed and the floodplain on the completion of that activity.
- No contaminants (including, but not limited to, oil, hydraulic fluids, petrol, diesel, other fuels, paint or solvents, but excluding sediment) shall be discharged to water from the activity.
- The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan, in any district plan, in the NZ Archaeological Association’s Site Recording Scheme, or by the Historical Places Trust except where Historic Places Trust approval has been obtained.
- In the event of any waahi tapu that is not subject to condition k) being identified by the Waikato Regional Council to the person undertaking the use, erection, reconstruction, placement, extension or alteration, the activity shall cease insofar as it may affect the waahi tapu. The activity shall not be recommenced without the approval of the Waikato Regional Council.
- The structure shall provide for the safe passage of fish both upstream and downstream.
- Any erosion occurring as a result of the structure shall be remedied as soon as practicable.
- This rule shall not apply to activities located in, on, under or over the bed of a river or lake that is a Significant Geothermal Feature.
- The owner of the structure shall inform the Waikato Regional Council in writing, of the location of the structure at least 10 working days prior to commencing construction.
- Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition l) is set out in Section 18.104.22.168 of this Plan.
- Where a structure or activity is to be located in, on, under or over the bed of a water body that is Significant Geothermal Feature, Rules 22.214.171.124 to 126.96.36.199 shall apply. Significant Geothermal Features are defined in the Glossary, and in Development and Limited Development Geothermal Systems, identified on maps in Section 7.10 of this Plan.
188.8.131.52 Restricted Discretionary Activity Rule – Fords
- Unless controlled by Rule 184.108.40.206 or Rule 220.127.116.11 the use, erection, reconstruction, placement, alteration or extension of a ford and associated bed disturbances, in, on, under or over the bed of a river or lake, and
- Any discharge of sediment associated with construction activities; and
- The associated deposition of construction materials
are restricted discretionary activities (requiring resource consent).
Waikato Regional Council restricts its discretion over the following matters:
- The design and location of the ford, including the ability to pass bedload.
- The potential effects on bed and bank stability and water quality.
- Measures to control the effect of the activity on upstream or downstream properties.
- Effects on any waahi tapu or other taonga from the activity.
- Effects on the relationship of tangata whenua and their culture and traditions with the site and any waahi tapu or other taonga affected by the activity.
- Effects on the ability of tangata whenua to exercise their kaitiaki role in respect of any waahi tapu or other taonga affected by the activity.
- Measures to ensure the safe passage of fish both upstream and downstream.
- Measures to control the effects of the activity on any lawfully established structure.
- Measures to control the suspended solids discharges.
- Measures to avoid, remedy or mitigate adverse effects on the natural character of the beds of rivers and lakes.
- Measures to ensure consistency with criteria as set out in the applicable Water Management Class in this Plan.
- Measures to control the effect of the activity on areas of significant indigenous vegetation and significant habitats of indigenous fauna1.
- Information requirements to enable the assessment of any application under this Rule are as set out in Section 18.104.22.168. In addition assessment shall also take into account the matters identified in Policy 2 of Section 4.2.3.
- The imposition of consent conditions under matters iv), v) and vi) shall take into account the policy direction provided in Policies 1 and 2 in Section 2.3.3 in addition to specific policies in this chapter of the Plan.
Explanation and Principal Reasons for Adopting Method 22.214.171.124 and 126.96.36.199
The types of fords permitted by Rule 188.8.131.52 are those that will have minor adverse effect and are at the same level as the bed of the river or lake. These sorts of structures are generally constructed of gravel and do not cause any increase in water velocity or water level across the structure. These structures can be used as stock or vehicle crossings.
Rule 184.108.40.206 provides for fords that raise the level of the bed or bank of a river or lake. These structures can have significant adverse effects on the beds of rivers or lakes. It is considered that the effects of these structures warrant assessment on an individual basis, and the use, erection, reconstruction, placement, alteration or extension of a ford is therefore a restricted discretionary activity.