Managing instream structures

The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent culvert:

• Permitted activity conditions for culverts (NES-F Regulation 70).
• Permitted activity conditions for installing, altering, extending or removing culverts (LWRP Rule 5.137).
• Permitted activity conditions for maintaining instream structures (LWRP Rule 5.139). 
• Permitted activity conditions for temporary structures and diversions associated with work on instream structures  (LWRP Rule 5.140).
• Permitted activity conditions for discharges to water when working on instream structures (LWRP Rule 5.141).

If you cannot meet any of these requirements, you will have to apply for resource consent.

The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent weir:

• Permitted activity conditions for weirs (NES-F Regulation 72).
• Permitted activity conditions for installing, altering, extending or removing defences against water (LWRP Rule 5.138).
• Permitted activity conditions for maintaining instream structures (LWRP Rule 5.139).
• Permitted activity conditions for temporary structures and diversions associated with work on instream structures (LWRP Rule 5.140).
• Permitted activity conditions for discharges to water when working on instream structures (LWRP Rule 5.141).

If you cannot meet any of these requirements, you will have to apply for resource consent.

The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent flap gate:

• Consent requirements for passive flap gates (NES-F Regulation 74).
• Permitted activity conditions for installing, altering, extending or removing defences against water (LWRP Rule 5.138).
• Permitted activity conditions for maintaining instream structures (LWRP Rule 5.139).
• Permitted activity conditions for temporary structures and diversions associated with work on instream structures (LWRP Rule 5.140).
• Permitted activity conditions for discharges to water when working on instream structures (LWRP Rule 5.141).

If you cannot meet any of these requirements, you will have to apply for resource consent.

The following national and regional rules apply if you are carrying out works to install or maintain a structure that acts as a temporary or permanent ford (not applicable to gravel fords or causeways):

• Permitted activity conditions for installing, altering, extending or removing defences against water (LWRP Rule 5.138)
• Permitted activity conditions for maintaining instream structures (LWRP Rule 5.139).
• Permitted activity conditions for temporary structures and diversions associated with work on instream structures (LWRP Rule 5.140).
• Permitted activity conditions for discharges to water when working on instream structures (LWRP Rule 5.141).

If you cannot meet any of these requirements, you will have to apply for resource consent.

The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent dam:

• Permitted activity conditions for the damming of water in the bed of a river or lake (LWRP Rule 5.154-5.158).
• Permitted activity conditions for maintaining instream structures (LWRP Rule 5.139).
• Permitted activity conditions for temporary structures and diversions associated with work on instream structures (LWRP Rule 5.140).
• Permitted activity conditions for discharges to water when working on instream structures (LWRP Rule 5.141).

If you cannot meet any of these requirements, you will have to apply for resource consent. Find out more about consent rules for larger dams.

The installation, alteration, extension, or removal of bridges and culverts, including the
associated excavation, disturbance and deposition of substances on, in or under the bed of a
lake or river, and, in the case of culverts, the associated take, discharge or diversion of water
is a permitted activity, provided the following conditions are met:

1. Any material deposited in, on, under or over the bed of a lake or river in order to construct or
   maintain the structure is of inert materials of colour and material type that blends with the
   surrounding natural environment and does not contain or is not coated with any hazardous
   substance; and
2. The activity is undertaken at a distance greater than 10 m from any dam, weir, bridge, or network
   utility pole, pylon or flood protection vegetation, or 150 m from any water level recorder, or 50 m
   from any defence against water, or closer where there is evidence that permission has been
   obtained from the owner of the infrastructure or the works are being carried out by or on behalf of
   the owner; and
3. The works do not occur in flowing water; and
4. The activity is not undertaken in a salmon spawning site listed in Schedule 17, or in any inanga
   spawning habitat during the inanga spawning season of 1 March to 1 June inclusive, or in any
   Critical Habitat; and
5. Upon completion of the activity:
   (a) any area of the bed of a lake or river which has been disturbed is returned to as near as practicable to its original state; and
   (b) any excavated areas are left with battered slopes not steeper than 3:1 slope angle (3 horizontal to 1 vertical) and any flow channels disturbed during the activity are reinstated; and
6. For any permanent culvert at the time of its installation:
   (a) the maximum length is 25 m; and
   (b) the maximum width of the river bed at the point of the crossing is 5 m; and
   (c) the culvert is installed so that the base of the culvert is below bed level to an extent that a minimum of 25% of the internal width of the culvert is below the level of the bed of the river or lake or is covered with water at the estimated 7DMALF; and
   (d) the culvert provides a 5% Annual Exceedance Probability flood flow capacity without increasing upstream water levels; and
   (e) the location is not within any urban area or settlement; and
7. For any bridge:
   (a) there are no piers within the bed; and
   (b) the bridge and the approaches are designed so that a 5% Annual Exceedance Probability flood event does not cause any increase in upstream water levels; and
   (c) the soffit (underside) of any bridge is higher than the top of the river bank, and at least 500 mm above the 5% AEP flood level; and
   (d) the bridge abutments are constructed parallel to the flow; and
8. he works or structures do not prevent any existing fish passage.

The installation, maintenance, use and removal of defences against water in, on or under
the bed of a lake or river, including:

a) the associated deposition of substances on, in or under the bed of a lake or river, the
associated diversions and discharges of sediment into water, and any excavation or other
disturbance of the bed of a lake or river; and
b) any associated diversion and discharge of sediment laden water into an artificial
watercourse;

is a permitted activity, provided the following conditions are met:

1. The activity does not prevent access in any way to lawfully established structures, including defences against water; and
2. Other than for the use of defences against water the activity is not in, on, or under the bed of any
   river or lake listed as a high naturalness waterbody in Sections 6 to 15 or within a salmon spawning
   site listed in Schedule 17, or in any inanga spawning habitat during the inanga spawning season of 1
   March to 1 June inclusive, or in any Critical Habitat; and
3. The activity is undertaken by or on behalf of a local authority or a network utility operator in
   accordance with a plan that has been certified by the CRC as being in accordance with the
   Canterbury Regional Code of Practice for Defences Against Water and Drainage Schemes (April
   2019); and
4. The works or structures do not prevent any existing fish passage.

The use and maintenance of structures, excluding dams, on, in or under the bed of a lake or river are permitted activities, provided the following conditions are met:

1. The structures have been lawfully established; and
2. Any material deposited in, on, under or over the bed in order to maintain the structure is of inert materials of colour and material type that blends with the surrounding natural environment, is not contaminated with any hazardous substance; and
3. Any upgrading or minor alteration does not increase the footprint, height, or external envelope of the structure; and
4. Except for bridges, culverts, pipes, ducts, cables and wires and their associated support structures
   the maintenance of that part of the structure within the bed of a lake or river is not undertaken within a
   salmon spawning site listed in Schedule 17, or in any inanga spawning habitat during the inanga
   spawning season of 1 March to 1 June inclusive, or in any Critical Habitat.

Unless addressed by another rule in this Plan, the installation, alteration, extension, or removal of temporary structures and diversions associated with undertaking activities in Rules 5.135 to 5.139, military training activities, or artificial watercourses are permitted activities, provided the following conditions are met:

1. The activity is not undertaken in a salmon spawning site listed in Schedule 17, or in any inanga
   spawning habitat during the inanga spawning season of 1 March to 1 June inclusive, or in any Critical
   Habitat; and 
2. The temporary structure and diversion is in place for not more than 4 weeks in any 12 month period; and
3. The activity does not prevent any existing fish passage or result in the stranding of fish; and
4. Any diversion of water out of a river channel does not reduce the wetted width of that existing
   channel by more than 25% at any point; and
5. For any temporary culvert in a river:
   a) The maximum length of the culvert is 14m; and
   b) The culvert is an open bottom culvert, or the base of the culvert is embedded below bed level
   by 25% to 50% of the culvert height and is covered with water at the estimated 7DMALF; and
   c) The maximum width of the river bed at the point of the crossing is 5 m; and
6. The activity is not in a river, lake or artificial watercourse managed for flood control or drainage
   purposes unless written permission has been obtained from the authority responsible for maintaining
   the flood and drainage carrying capacity of that water body or watercourse.

Temporary discharges to water or to land in circumstances where a contaminant may enter water associated with undertaking activities in Rules 5.135 to 5.140 or in relation to artificial watercourses are permitted activities, provided the following conditions are met:

1. The discharge is only of sediment, organic material and water originating from within the bed of the
   lake or river, or artificial watercourse; and
2. The discharge is not undertaken in a salmon spawning site listed in Schedule 17, or in any inanga
   spawning habitat during the inanga spawning season of 1 March to 1 June inclusive, or in any Critical
   Habitat; and
3. The discharge is not for more than ten hours in any 24-hour period, and not more than 40 hours in
   total in any calendar month, and except within the first 4 hours of discharge, does not exceed the
   Schedule 5 visual clarity standards.

The damming of water in the bed of a river and the constructing, using, altering, maintaining and operating of dam structures within the bed of a river, including any damming or impounding of water outside the bed of a river or natural lake is a permitted activity, provided the following conditions are met:

1. For the damming or impounding of water outside the bed of a river or natural lake:
   (a) the volume of water impounded is less than 20,000 m3; or

   (b) the maximum depth of water impounded above ground level (measured as the maximum vertical distance between the crest of the dam and the ground level immediately adjacent to dam) is less than 4 m; and

   (c) if the volume of water impounded is greater than 1,000 m3, the design and construction of the dam is certified by a Recognised Engineer; and

   (d) the land is not contaminated or potentially contaminated.

2. For the damming of water in the bed of a river and the constructing, altering, using, maintaining and operating of dam structures within the bed of a river:
   (a) the volume of water impounded is less than 5,000 m³; and

   (b) the maximum depth of water is less than 3 m; and

   (c) the dam does not impound the full flow of the river; and

   (d) any existing passage of fish is not impeded; and

   (e) the damming of water does not cause water flow to fail to meet any limits in Sections 6 to 15 or fall below the minimum flow for the surface waterbody if the waterbody is subject to a minimum flow as set out in Sections 6 to 15; and

   (f) the dam is not located in a river listed as a high naturalness river in Sections 6 to 15 or in the mainstem of any river; and

   (g) the damming does not prevent water being taken by any domestic or stock water supply, or reduce the reliability of supply of any existing legally authorised water take

The damming of water in the bed of a river and the constructing, using, altering, maintaining and operating of dam structures within the bed of a river, including any damming of water outside the bed of a river or natural lake that does not meet one or more of the conditions of Rule 5.154 is a discretionary activity, provided the following conditions are met:

1. The damming of water does not result in downstream river flows less than any minimum flow limit set in Sections 6-15 or, where applicable, the default rules on minimum flow limits in Rule 5.123(2); and
2. Any new dam is not located in a river listed as a high naturalness waterbody in Sections 6 to 15 or in the mainstem of any river; and
3. The damming does not prevent water being taken by any domestic or stock water supply, or reduce the reliability of supply of any existing legally authorised water take.

The damming of water in the bed of a river, and the constructing, using, altering, maintaining and operating of structures within the bed of a river that does not comply with one or more of the conditions in Rule 5.155 is a non-complying activity.

The constructing of a new dam and the damming of water in the bed of a river or lake that results in the natural operating regime of a natural lake (as described in Policy 4.45 of this Plan) being altered is a non-complying activity.

The use and maintenance of a lawfully established dam that existed on 1 November 2013 is a permitted activity.