Earthworks

While there are a range of factors that contribute to risk levels for earthworks, including things like soil type and vegetation cover, it is mainly determined by the steepness of the land, the scale of the work proposed and how close it is to water.

These three factors are the most important to consider because they tend to have the most significant effect on both the likelihood of erosion and of sediment finding its way into our waterways.

You will normally need a consent if you are planning larger scale works in high-risk erosion areas, which include land:

• on slopes 25 degrees or steeper (anywhere)
• in coastal areas where loose sand sits within 10 centimetres of the ground surface
• within 10 metres of a riverbank, stream, lake or wetland (or within 100 metres if the slope to the water is greater than 15 degrees)
• within 50 metres of the sea or an estuary.

Watercourse works

Earthworks that directly affect watercourses will normally require a resource consent.  However, within artificial farm drains, minor works, such as drain maintenance, vegetation clearance and removal of obstacles are likely to be permitted, subject to meeting good practice and water quality conditions. Any deepening of farm drains, however, particularly near natural wetlands, will usually require a consent. 

Works on or near wetlands

The Government has also recently introduced additional restrictions on earthworks and vegetation removal in and around natural wetlands.

Any earthworks within a natural wetland that are likely to cause drainage are prohibited under these restrictions. And, any earthworks within 100 metres of a natural wetland that are likely to cause wetland drainage require a consent.

Vegetation clearance, earthworks, or land disturbance within a natural wetland, or within 10 metres of a natural wetland will either require a consent or to comply with permitted activity conditions, depending on their purpose.

The rules around these different purposes can be complex to navigate so, if you are intending to undertake earthworks that may affect wetlands, please contact us to discuss your plans so that we can help you get it right.

Are there exceptions?

Earthworks in relation to plantation forestry activity are regulated by the National Environmental Standards for Plantation Forestry Regulations 2017 (NES PF), rather than our regional rules. 

Plantation forestry activity covers activity on any forested land of at least one hectare that has been planted specifically for commercial purposes and will be harvested.

There are specific notification requirements for earthworks activities undertaken under the NES PF. For more information, please go to our webpage on National Environmental Standards for Plantation Forestry.

Outside of high-risk areas, works are permitted during a continuous 12-month period if:

• importing cleanfill (materials like soil, rock or concrete that have no negative environmental impacts when buried) for filling work less than 2500 cubic metres in volume
• the earthworks are within 20 metres of a new bridge or culvert (please note that bridges and culverts themselves do normally require consents and or notification).

Please note that, while permitted, if your site is due to receive more than 1000 cubic metres of overburden or cleanfill then you must notify us in writing, specifying the site location, at least seven working days before it arrives.

Within high-risk areas, earthworks are permitted during a continuous 12-month period if:

• the volume of earth moved is less than 250 cubic metres
• the earthworks cover less than 0.2 hectares in area
• the vegetation being cleared is less than 1 hectare in area
• the roading or tracking being cut is less than 100 metres long
• the batter (a receding slope) being cut is less than 3 metres high and 30 metres long
• the vegetation being cleared consists of either planted production forest or pest plants (as specified in the Regional Pest Management Plan.)
• the vegetation being cleared is within 5 metres of waterbody (excluding streams only fed occasionally by rainwater, known as ephemeral streams) and covers less than 50 metres for every kilometre of that waterbody.

If you are planning work that may exceed these thresholds, it is likely you will need a consent.

There are also certain situations in which specific rules apply that override the general permitted activity rules. 
These include earthworks in a karst (limestone cave) landscape and earthworks within 20 metres of any significant geothermal feature (as identified in the Waikato Regional Plan). In both situations, a resource consent is likely to be required.