17.6 Rules - Dams and Damming

All of the following activities, to the extent that they are relevant, for new and existing dam structures^ and associated damming within rivers^, within artificial watercourses* and on land^:

1. the erection, placement or extension of a dam in, on, under or over the bed^ of a river^ or within an artificial watercourse* or on land^ pursuant to ss9(2) or 13(1) RMA
2. the damming of water^ and any ancillary take, diversion or discharge^ of water^ that is part of the normal operation* of a dam, pursuant to ss14(2) and 15(1) RMA
3. any ancillary excavation, drilling, tunnelling or other disturbance of the bed^ of a river^ pursuant to s13(1) RMA
4. any ancillary discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
5. any deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1)

Advice Note:

For the avoidance of doubt, any proposal to take water^ that is impounded behind a dam structure^ for any use other than that provided for in (b) must comply with the rules^ set out in Chapter 16 of this Plan.

1. Any new dam must not be located in a river^ prohibited by Rule 17-1 or regulated under Rule 17-3.
2. For a dam in a river^, the catchment area above the dam must be no greater than 50 ha.
3. The maximum water^ depth must be less than 3 m (measured from the natural ground level at the upstream toe of the dam structure^).
4. A spillway must be constructed to enable the passage of a 200 year flood without the dam being overtopped.
5. Water^ impounded by the dam must not encroach onto adjoining properties*.
6. Dams in permanently flowing rivers^ and artificial watercourses* must maintain a residual flow out of the dam at all times including during filling of the dam.
7. For a dam located in a river^, the activity must comply with the general conditions^ listed in Section 17.3.
8. For a dam located in an artificial watercourse*, the activity must comply with general conditions (a) to (k) in Section 17.3 as if these conditions^ applied to an artificial watercourse*.
9. The activity must not take place in any rare habitat*, threatened habitat* or at-risk habitat*.

Any lawfully established damming of water^ within a river^, within an artificial watercourse* or on land^ for which replacement consents are sought and any ancillary:

1. take, diversion or discharge^ of water^ that is associated with the existence of the dam structure, pursuant to s14(2) or s15(1) or 15(2A) RMA, except as permitted by Rule 17-7
2. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
3. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).

Advice Note:

For the avoidance of doubt, any proposal to take water^ that is impounded behind a dam structure^ must comply with the rules^ set out in Chapter 16.

Control is reserved over:

1. fish passage
2. water^ levels, flow regimes and minimum flows
3. measures to manage land^ stability and erosion
4. measures to assist with maintaining or achieving the Schedule E water^ quality targets for the Water Management Subzones*
5. measures to avoid, remedy, or mitigate any adverse effects^ on the Values of the water body^ at and below the point of discharge dam
6. measures to avoid, remedy or mitigate any adverse effects on the instream geomorphological components of natural character of the water body^
7. management of dam failure
8. effects^ on rare habitats*, threatened habitats* and at-risk habitats* and Sites of Significance - Aquatic
9. measures to avoid, remedy, or mitigate adverse effects^ on tangata whenua^ values
10. duration of consent
11. review of consent conditions^
12. compliance monitoring
13. the matters in Policy 14-9.

Resource consent applications under this rule will be notified to those parties who are adversely affected in relation to the matters over which control is reserved. This clause does not preclude full public notification of the Regional Council’s discretion in accordance with the RMA.