South Waikato District Plan

12 General District Wide Matters

12.4- EW Earthworks

Issues

The potential ‘threats’ to the identified outstanding landscape areas and features, (which might constitute the ‘inappropriate subdivision, use and development’ referred to in section 6(b) of the RMA), are relatively moderate given the limited growth pressures the district faces, and the predominant plantation forestry and farming activities. Standards to avoid extensive earthworks and landform modifications are included to address these matters. Standards are also set out to control silt runoff, earthworks underneath National Grid transmission lines, earthworks within the gas transmission pipeline corridor, and earthworks and cultivation on the margins of lakes, wetlands, rivers and streams.  

Objectives

EW-O1

To identify and address possible effects from activities in rural areas in catchments in the district, and on the health and wellbeing of the Waikato River and its catchment during decision making.

EW-O2

To recognise the outstanding natural features and landscapes in the district and protect the landscape values within these areas from inappropriate subdivision, use and development

EW-O3

To maintain and enhance amenity values within outstanding natural landscapes and features, and significant amenity landscapes. 

EW-O4

To recognise and provide for the national, regional and local benefits of a sustainable, secure and efficient electricity transmission and distribution network.

Policies

EW-P1

To achieve the Objectives of the Vision and Strategy for the Waikato River by managing subdivision and land-use within the district’s towns and rural areas located within the River catchment in a way that restores and protects the health and wellbeing of the Waikato River, by including standards for earthworks, silt and stormwater control.

EW-P2

Enable the efficient operation, maintenance, and upgrading of the National Grid and gas transmission network and related activities in a manner that avoids, remedies or mitigates additional adverse effects on the environment, and by managing the adverse effects of neighbouring activities.

EW-P3

Subdivision, use, and development should avoid, remedy or mitigate adverse effects on the values that contribute to an area being an outstanding natural feature or landscape, in particular by avoiding, remedying or mitigating the adverse effects of activities such as earthworks that will adversely affect those values identified.

EW-P4

Ensuring that earthworks within identified significant amenity landscapes are of a compatible scale that maintains the attributes that contribute to the landscape values of these areas.

EW-Rules

EW-R1 PER activities

Applicable Zone

(1) Depositing up to 5,000m³ of fill material (sourced from another site) on a site in any one year, except within any area identified in SCHED3-SNAs or within an outstanding or significant amenity landscape

GRUZ

(2) Disposal of up to 5,000m³ of cleanfill material (sourced from another site) deposited on a site in any one year, except within a significant natural area identified in SCHED3-SNAs, or within an outstanding or significant amenity landscape

RLZ

(3) Earthworks ancillary to PER activities or to approved CON, RDIS or DIS activities

GRUZ, RLZ, GRZ -PREC3-Tokoroa, COMZ-PREC2-Tok, MU-SETZ, GIZ

(4) Earthworks within an outstanding natural landscape or feature or significant amenity landscape identified in SCHED4-NFL

GRUZ and RLZ

EW-R2 RDIS activities

 

(1) Any earthworks that do not comply with the standards in EW-R5(1)

COMZ, GRZ, TCZ-PREC2-Tirau MU-SETZ, GIZ, GRUZ, RLZ, SPZ-AIRP, SPZ-ELG

(2) Any earthworks that do not comply with the standards in EW-R5(2)

GRUZ

(3) Any earthworks that do not comply with the standards in EW-R5(3) or EW-R5(4) or EW-R5(5)

GRUZ and RLZ

EW-R3 DIS activities

 

(1) Depositing more than 5,000m³ of cleanfill material (sourced from another site) on a site in any one year

GRUZ

(2) Any activity, except within the National Grid Yard, that is not PER by EW-R1, RDIS by EW-R2 or NC by EW-R4 will be DIS

GRUZ and RLZ

EW-R4 NC activities

 

(1) Within the National Grid Yard – any earthworks not PER by EW-R5(6)

 

GRUZ, RLZ, GRZ -PREC3-Tok, COMZ-PREC2-Tok, MU-SETZ, GIZ

 

EW-R5- Standards

(1) Silt Control

(a) All silt shall be contained within the site it is sourced, except in the GRUZ where the discharge is authorised by a resource consent or rule in the Waikato Regional Plan.

(b) In the SPZ-ELG, any stockpiles of loose material shall be contained or maintained in such a manner to prevent silt-laden runoff beyond the boundary of the site (excluding waterbodies).

(2) Gas Transmission Corridor

No earthworks, including drain cleaning, shall be undertaken within the gas transmission pipeline corridor identified on the planning maps, unless prior written approval is obtained from the pipeline operator.

(3) Riparian Management

(a) Earthworks, and cultivation shall not be carried out within 10 metres of the edge of a wetland or lake, and where a wetland or lake is greater than 0.5 hectares only within the RLZ, or within the riparian setback to the banks of a nominated river or stream listed in Table 9-Riparian Setbacks of NATC-R2(1), except for the following purposes:

(i) Required for the removal or control of pest plants;

(ii) Consequential damage to vegetation as a result of harvesting adjacent production trees;

(iii) 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;

(iv) 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;

(v) Required for construction of fencing for conservation purposes to exclude stock or pest animals;

(vi) 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.

(4) Activities within a Natural Feature or Natural Landscape area 

This rule only applies to PER and CON activities within the Natural Features or the Natural Landscape areas identified in SCHED4-NFL.

(a) Earthworks must not:

(i) exceed a 3-metre vertical ground alteration in a new face or cut and/or fill

(ii) disturb or move greater than 1,000m³ within a site per calendar year

(iii) exceed 250m² in area

(iv) involve cut and batter faces or filled areas and must be revegetated to achieve 80% ground cover within 12 months of the earthworks being commenced.

(b) Despite (a), earthworks are PER if they:

(i) are part of an approved subdivision

(ii) are associated with building works authorised by a building consent and the area of earthworks is no greater than twice the area of those building works, and occurs on land with an average gradient no greater than 1:8

(iii) are related to network utilities and infrastructure, and the ground levels around the utility are reinstated following completion of the works as they were prior to the earthworks commencing

(iv) are for the maintenance of existing farm tracks or for the formation of farm drains

(v) for construction, operation, maintenance or upgrading of existing public roads or

(vi) are part of a plantation forestry operation.

 

(5) Activities within a Significant Amenity Landscape area

This rule only applies to PER and CON activities within the Amenity Landscape areas identified in SCHED4-NFL.

(a) Earthworks must not:

(i) exceed a 3-metre vertical ground alteration in a new face or cut and/or fill

(ii) disturb or move greater than 1,000m³ within a site per calendar year

(iii) exceed 250m² in area; and

(iv) involve cut and batter faces or filled areas must be revegetated to achieve 80% ground cover within 12 months of the earthworks being commenced.

(b) Despite (a), earthworks are permitted if they:

(i) are part of an approved subdivision

(ii) are necessary for building works authorised by a building consent and the area of earthworks is no greater than twice the area of those building works, and occurs on land with an average gradient no greater than 1:8

(iii) are related to network utilities and infrastructure, and the ground levels around the utility are reinstated following completion of the works to as they were prior to the earthworks commencing

(iv) are for the maintenance of existing farm tracks or for the formation of farm drains

(v) for construction, operation or upgrading of existing public roads, or

(vi) are part of a plantation forestry operation.

(6) Earthworks within a National Grid Yard

Any earthworks within a National Grid Yard shall:

(a) Around Poles

(i) Be no deeper than 300mm within 2.2 metres of a National Grid pole support structure or stay wire; and

(ii) Be no deeper than 750mm between 2.2 to 5 metres from a National Grid pole support structure or stay wire.

Except that vertical holes not exceeding 500mm diameter beyond 1.5 metres from the outer edge of a pole support structure or stay wire are exempt from (a)(i) and a)(ii) above – Also see INF-R6(5)

(b) Around Towers

(i) Be no deeper than 300mm within 6 metres of the outer visible edge of a National Grid tower support structure; and

(ii) Be no deeper than 3 metres between 6 to 12 metres from the outer visible edge of a National Grid tower support structure.

Except that vertical post holes not exceeding 500mm in diameter are exempt from (b)(i) above provided they:

(a) are for a rural fence or horticulture structure; and

(b) are more than 5m from the visible outer edge of a tower support structure foundation.

(c) Anywhere within the National Grid Yard

(i) Shall not create an unstable batter that will affect a National Grid support structure; and/or

(ii) Shall not result in a reduction in the ground to conductor clearance distances as required by table four of NZECP34:2001.

Provided that

  • Earthworks undertaken by a Network Utility operator; or
  • Earthworks undertaken as part of agricultural or domestic cultivation, or repair, sealing or resealing of a road (including a farm track), footpath or driveway

are exempt from (a)(i) to (b)(ii) above

EW-R6 Other Plan Matters

The following may also be relevant:

(1) Section 7.1 Energy, 7.2 Infrastructure and 7.3 Transport

(2) Section 8.1 Contaminated Land, and 8.3 Natural Hazards

(3) Section 9.1 Historic Heritage, 9.2 Sites of Significance to Māori

(4) Section 10.1 Ecosystems and Indigenous Biodiversity, 10.2 Natural Character, 10.3 Natural Features and Landscapes

(5) Chapter 11 Subdivision

(6) Section 12.1 - All Activities

(7) Section 12.4 Air Emissions, 12.7 Noise, 12.9 Temporary Activities

EW- Other Methods

EW-M1

The WRITS contain standards for building projects that involve earthworks including for urban earthworks.

EW-M2

Works close to any electricity line can be dangerous.  Compliance with the NZ Electrical Code of Practice 34:2001 (NZECP 34:2001) is mandatory for all buildings, earthworks and mobile plant within close for Safe Distances proximity to all electric lines.  Compliance with this Plan does not ensure compliance with NZECP 34:2001.

EW-M3

Sediment discharge associated with earthworks shall comply with regional rules unless a regional resource consent is held.

EW-M4

Council administered land (particularly riparian margins and areas of remnant indigenous vegetation) will be managed to enhance indigenous biodiversity values through restoration planting programmes, pest control, minimising land disturbance and indigenous vegetation clearance.

EW-M5

NES for Electricity Transmission Activities

EW- Principal Reasons

EW-PR1

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. Rules to control the extent of earthworks and land modification close to wetlands and watercourses, are included within EW-R2 along with specific building setbacks from watercourses in the GRUZ and RLZ to manage these activities.

EW-PR2

The potential ‘threats’ to the identified outstanding natural landscapes and features, (which might constitute the ‘inappropriate subdivision, use and development’ referred to in section 6(b) of the RMA), are relatively moderate given the limited growth pressures the district faces, and the predominant plantation forestry and farming activities. Standards to avoid extensive earthworks and landform modifications are included within EW-R2 in the rule framework.

EW-PR3

There are major National Grid electricity lines, and gas transmission lines in the district.  These are of national significance and have been recognised within the district plan to provide for their future. 

EW- Anticipated Results

AER1

That the adverse effects of earthworks are managed to avoid, remedy or mitigate their impact upon the landscape values that have been identified as being outstanding or significant in the district, except where earthworks and structures are necessary within the SPZ-ELGZ, for the purposes of providing, maintaining or operating strategic transport infrastructure, or for the management and harvesting of an existing plantation forest.

AER2

Rural activities implement best management practices to avoid, remedy or mitigate adverse environmental effects.

AER3

Operation, maintenance and upgrading of utilities is generally provided for, given their necessary function