The preservation of the natural character of wetlands, lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development is a matter of national importance under the Act.
Preservation of the natural character of these areas and their protection is also necessary in order to give effect to the Vision and Strategy for the Waikato River. So is the maintenance and enhancement of public access to and along lakes and rivers, refer to PA. Rules to control the extent of earthworks and land modification close to wetlands and watercourses, are provided to apply within the GRUZ and the RLZ, along with specific building setbacks from watercourses to manage these activities. Whilst these rules apply to all of the GRUZ and the RLZ, the Inventory of Natural Areas held outside the district plan will enable Council and the community to strategically manage these areas, given that they have the most significant natural values in the district.
To safeguard the significant historical, cultural, landscape, natural and recreational values associated with the high-quality water resources of Te Waihou River and its tributaries.
To preserve the natural character of wetlands, lakes and rivers (and their margins) in the district, and protect them from inappropriate subdivision, use and development.
To identify and address possible effects from activities in rural areas in catchments in the district, and on the health and well-being of the Waikato River and its catchment during decision-making.
Manage the adverse effects of land-use change or intensification, upon wetlands, and waterways.
Promote land management practices that are consistent with:
Subdivision use and development should be of a density, scale, intensity and in a location that preserves the natural character of wetlands, lakes and rivers and their margins, in the district. In particular, consideration should be given to existing indigenous vegetation and habitat values, the restoration potential of an area, the ecological linkages with other significant natural areas and their potential for enhancement.
Landowners will be encouraged to manage indigenous biodiversity including Significant Natural Areas in a manner that protects and potentially enhances long-term ecological functioning and wetland hydrology.
Esplanade reserves and esplanade strips shall be created in identified high priority locations, to provide ecological linkages, improve water quality and enhance public access to lakes and rivers and their margins within the district.
To implement the Objectives of the Vision and Strategy for the Waikato River by managing subdivision and land-use within areas with natural values and located within the River catchment in a way that restores and protects the health and wellbeing of the Waikato River, including by:
(a) requiring building setbacks from waterways
(b) creating esplanade reserves or strips
(c) managing activities within natural areas
Enable the Department of Conservation to manage public conservation lands under the Conservation Act 1987, without a duplicated regime of district plan provisions applying to those areas.
R1- all zones |
Subject to |
(1) Any PER, CON, RDIS, DIS or NC activity identified within ECO-R1, R2, R3, and R4 |
(a) ECO-R1 to ECO-R4 (b) NATC-R4 |
(2) Any PER, CON, RDIS, DIS or NC activity identified within NFL-R1, R2, R3, R4 and R5 |
(a) NFL-R1 to NFL-R5 (b) NATC-R4 |
(3) Any PER,CON,RDIS or NC activity identified in the GRUZ or RLZ |
(a) NATC-R2 (b) PA-R1 to PA-R4 (c) NATC-R4 |
(1) Vegetation damage, earthworks, and cultivation shall not be carried out within 10 metres of the edge of a wetland or lake greater than 0.5 hectares, or within the riparian setback to the banks of a nominated river or stream, listed in Table 9 below, except for the following purpose:
(a) Required for the removal or control of pest plants;
(b) Consequential damage to vegetation as a result of harvesting adjacent production trees;
(c) Necessary as part of the maintenance of lawfully established roads, tracks, earth dams, structures, or fences, all provided the clearance is within 2 metres of the road, track, earth dam, structure or fence;
(d) Necessary to protect, maintain or upgrade hydro-electric power generating infrastructure, or to prevent or remedy erosion that may adversely affect the operation of hydro-electric power generating infrastructure;
(e) Required for construction of fencing for conservation purposes to exclude stock or pest animals;
(f) Removal of vegetation that endangers human life or existing structures, or that poses a risk to the integrity of, the safe use of, or access to existing network utilities.
For the purpose of R2(1) above ‘wetland’ excludes:
(2) Temporary ponded rainfall over areas that would not otherwise be considered a wetland. Farming which involves the conversion of land used for forestry to farming as per GRUZ-R2(2) shall also comply with the following standards:
(a) In the following nominated catchments properties adjacent to or with boundaries to the rivers and streams listed in Table 1 below also shall comply with the following standards:
(i) Fencing shall be constructed no closer than the riparian setback to the banks of a nominated river or stream and should generally be permanent and effectively exclude all livestock present;
(ii) Tracks, accessways and races shall not be constructed closer than the riparian setback to the banks of a nominated river or stream;
Table 9-Riparian Setbacks
Map Identification No. |
Catchment |
River or Stream |
Riparian Setback (metres from edge of waterbody (river, perennial stream excluding a wetland) |
|
Waikato River |
Main stem Waikato River |
20 metres |
|
|
Large Streams |
10 metres |
1 |
Waiomou |
Kakahu Stream |
10 metres |
2 |
Waiomou |
Waiomou Stream |
10 metres |
3 |
Waihou |
Waimakariri Stream |
10 metres |
4 |
Waihou |
Waihou River |
10 metres |
5 |
Oraka |
Mangatapu Stream |
10 metres |
6 |
Oraka |
Mangakotaha/Waione Stream |
10 metres |
7 |
Oraka |
Oraka Stream |
10 metres |
8 |
Pokaiwhenua |
Ngutuwera Stream |
10 metres |
9 |
Pokaiwhenua |
Pokaiwhenua Stream |
10 metres |
10 |
Pokaiwhenua |
Whakauru Stream |
10 metres |
11 |
Pokaiwhenua |
Matarawa Stream |
10 metres |
12 |
Pokaiwhenua |
Waioraka Stream |
10 metres |
13 |
Waipa |
Raparahi Stream |
10 metres |
14 |
Kopakorahi |
Kopakorahi Stream |
10 metres |
15 |
Central Maraetai |
Unnamed |
10 metres |
16 |
Opareiti |
Oparaeiti Stream |
10 metres |
17 |
Mangaharakeke |
Matakatau Stream |
10 metres |
18 |
Whangapoa |
Rahopakapaka Stream |
10 metres |
19 |
Whangapoa |
Matahana Stream |
10 metres |
|
|
Small Streams |
5 metres |
(3) Forestry shall comply with the following standard:
(1) forestry shall be planted no closer than 5 metres from any perennial river or stream.
(1) Conservation Purposes
Council may require an esplanade strip to be created for water quality and/or conservation purposes (which may exclude public access) over land being subdivided or roads being stopped which:
(a) Adjoin the Pokaiwhenua Stream between Wiltsdown Road and Newell Road, as shown on the Planning Maps
(b) Adjoin the Matarawa Stream south of Tokoroa to the Industrial Zone boundary at Kinleith
(c) Include a Significant Natural Area
(2) Provision of esplanade strips
The provision of esplanade strips will be subject to the standards and exemptions in within NATC-R3(1) to (5).
(3) Land-use consents
When considering applications for land-use consent, Council may require an esplanade strip for water quality and/or conservation purposes to be created, if the proposal is likely to have a significant adverse effect upon:
(a) Water quality
(b) The natural functioning of an adjacent river or lake, or
(c) The natural values associated with the riparian margin of any adjacent river or lake, and if an esplanade strip is necessary to mitigate those adverse effects.
(4) Width of Strips
Esplanade strips for water quality and/or conservation purposes are to be 20 metres wide.
(5) Waiver of Esplanade Strips
Esplanade strips for water quality and /or conservation purposes may be dispensed with wholly or partially. Any application to reduce or waive an esplanade strip will be assessed having regard to the following matters:
(a) The extent to which the natural functioning of the water body, water quality, and land and water-based habitats will be affected by any reduction in the width, size or non-provision of the strip
(b) The extent to which the objectives of the Vision and Strategy for the Waikato River will still be met despite any reduction or waiver, and including any cumulative effects of granting such dispensation
(c) The degree of protection of the natural values associated with the strip that will remain
(d) The degree to which the purpose of the strip can be, or is already, achieved by other mechanisms, (e.g. covenants, conditions of resource consents, voluntary methods)
(e) The extent to which the public benefits gained with respect to the strip justify the cost of acquiring and maintaining the strip, while recognising that important benefits in terms of improved water quality, habitat and access cannot readily be expressed in monetary terms.
The following also may be relevant:
(1) Section 7.1 Energy, 7.2 Infrastructure, 7.3 Transportation
(2) Section 8.1 Contaminated Land, 8.2 Hazardous Substances, 8.3 Natural Hazards
(3) Section 9.1 Historic Heritage, 9.2 Sites and Areas of Significance to Māori
(4) Section 10.1 Ecosystems and Indigenous Biodiversity, 10.3 Natural Features and Landscapes, 10.4 Public Access
(5) Chapter 11 Subdivision
(6) Section 12.1 All Activities
(7) Section 12.2 Activities on the Surface of Water, 12.3 Air Emissions, 12.4 Earthworks, 12.6 Light,12.7 Noise, 12.8 Signs, 12.9 Temporary Activities
(8) Part 3- Any relevant zone or overlay
Grants to landowners implementing the management programmes described above, such as fencing of natural and riparian areas to exclude stock and replanting to improve indigenous biodiversity
Funding and support for Waikato Biodiversity Forum initiatives encouraging agencies and groups to network, share ideas and work together to protect and enhance biodiversity.
Grants will also be available to community conservation groups such as land care groups, stream care groups, and other community environmental groups, through contestable funds at national, regional and local levels.
Negotiation of access strip agreements to provide public access to lake and river margins in a priority case where a subdivision is not proposed.
The development of a Te Waihou /Blue Spring Co-Management Plan involving Raukawa, the Regional Council, and the Department of Conservation.
A monitoring programme for biodiversity and ecological health and wellbeing of the Waikato River and the district as a whole, including mātauranga Māori (Māori knowledge) as a key aspect.
Collaboration with the Regional Council and the Waikato River Authority in developing targets and programmes for improving the health and wellbeing of the Waikato River.
The Waikato Regional Plan may be more stringent than this district plan. Regional Council advice should be obtained before designing development that involves stream fencing or affects riparian margins or water quality.
Support programmes to advance riparian planting in a prioritised manner in the district in conjunction with Tangata Whenua and Waikato Regional Council.
Support a prioritised water quality sampling programme along key rivers and streams in the most sensitive parts of the catchments and sub-catchments of the district, in line with Joint Management Agreements and recognising the Regional Council’s monitoring activities.
The District Council also recognises that there are non-plan methods developed by industry that also promote the sustainable management of natural resources such as the Dairying and Clean Streams Accord between Fonterra, the Regional Council, the Ministry for the Environment and the Ministry of Primary Industries.
The district plan has also identified the land parcels around water bodies that are considered to be a high priority for creation of esplanade strips to enhance conservation values. Many of the significant natural areas identified in the district are related to waterbodies, wetlands and riparian vegetation. Council will link the natural habitat corridors where possible through esplanade strips and reserves and covenanting private land during the subdivision process.
Council also has a leadership role by protecting outstanding or significant amenity landscapes and natural features, and avoiding adverse effects on significant natural areas, through land disturbance activities on land administered by Council. Refer to NFL.
The riparian management rule forms part of the District Council’s response to achieving the integrated management of natural and physical resources along with the Waikato Regional Council. These rules only deal with the control of the effects of land-use change on a water body. Rules dealing with water quality and nutrient leaching or discharges resulting from land-use activities and their management are under the jurisdiction and therefore the responsibility of the Waikato Regional Council.
The District Council also recognises that there are non-plan methods developed by industry that also promote the sustainable management of natural resources such as the Dairying and Clean Streams Accord between Fonterra, the Regional Council, the Ministry for the Environment and the Ministry of Primary Industries.
‘Large streams’ in the South Waikato District comprise streams with stream order classifications of 4 (four) or larger in the NIWA River Environment Classification.
‘Small Streams’ in the South Waikato District comprise all perennial streams with a stream order classification of 3 (three) or smaller in the NIWA River Environment Classification, excluding the Waikato River and ‘Large Streams’ as defined in Table 9-Riprian Setbacks.
A map showing these streams is attached as APP2-CPL – Catchment Stream Patterns and Land Use. Large Stream names are given, and the GPS coordinates for the upper location of the stream order classification. Stream numbers used in the table are also used on the relevant map.
That buildings and structures are setback from waterways a sufficient distance to avoid modification of waterways and riparian margins, except where located within the SPZ-ELG.
The conservation values associated with riparian areas are enhanced.