Yellowknife Watershed Development Area Regulations

Regulation
Registration
R-019-2013
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Area Development Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.1 amended by R-128-2018,s.2
  • s.6 amended by R-128-2018,s.3

The Commissioner, on the recommendation of the Minister, under section 6 of the Area Development Act and every enabling power, makes the Yellowknife Watershed Development Area Regulations.

Interpretation

1.

In these regulations,

"area development officer" means an officer who is designated under section 2; (agent d’aménagement régional)

"land" means land

(a) within the development area designated under section 3, and

(b) under the control of or owned by a person; (bien-fonds)

"substantially modified" means, in respect of a building or structure that is being repaired or rebuilt, modifications that cumulatively exceed 75% of the square footage of the previous building or structure as it existed before these regulations came into force; (modifié considérablement)

"water body" means

(a) a lake, stream, river, creek, pond, pool, swamp, marsh, channel, gulley, coulee, draw, estuary or other similar body that normally contains fresh or salt water, and

(b) any Canadian waters as defined in subsection 35(1) of the Interpretation Act (Canada) that are within the Northwest Territories; (étendue d’eau)

"Yellowknife Watershed Development Area" means the development area designated under section 3; (région d’aménagement du bassin hydrographique de Yellowknife)

"Zone A" means an area of the development area designated under section 3 that is allocated as Zone A under paragraph 3(2)(a); (zone A) "Zone B" means an area of the development area designated under section 3 that is allocated as Zone B under paragraph 3(2)(b); (zone B)

"Zone C" means an area of the development area designated under section 3 that is allocated as Zone C under paragraph 3(2)(c). (zone C) R-128-2018,s.2.

Area Development Officer

2.

The Minister may designate an officer as an area development officer for the Yellowknife Watershed Development Area to exercise powers and carry out duties required of an area development officer under these regulations.

Development Area

3.

(1) The Yellowknife Watershed Development Area, set out in the map in Schedule A, is designated as a development area under section 2 of the Act.

(2) The Yellowknife Watershed Development Area consists of

(a) an area allocated as Zone A as set out in the map in Schedule A,

(b) non-contiguous areas allocated as Zone B as set out in the map in Schedule A, and

(c) non-contiguous areas allocated as Zone C as set out in the map in Schedule A;

but does not include that area known as the Cassidy Point Development Area designated as a development area under subsection 3(1) of the Cassidy Point Development Area Regulations.

Prohibitions and Restrictions

4.

(1) A person shall not construct on the land a building or structure within Zone A.

(2) A person shall not make other than recreational use of land that is within Zone B unless

(a) the person has a legal right to use the land for other than recreational use; and

(b) in the written opinion of an area development officer, it is in the public interest that the land be used for other than recreational use.

(3) If a person leases land that is within Zone B, the lease is invalid if it purports to

(a) exceed 20 years; or

(b) contain a provision for automatic renewal.

(4) If a person sells land that is within Zone B, that purported sale is invalid.

5.

(1) This section applies to lands in Zone B or Zone C unless the land is Commissioner’s land that is leased for recreational use.

(2) A person shall not

(a) alter the boundaries of the land;

(b) subdivide or sublease any portion of the land;

(c) erect on the land fences or other physical barriers unless it is for the purpose of enclosing gardens or to protect structures from weather or wildlife; or

(d) allow the land to be littered with debris, including derelict vehicles.

(3) A person shall not clear the land, unless it is only cleared to the extent necessary to accommodate the building of structures in accordance with these regulations.

(4) A person shall restore the land to its original state if that land is no longer required for the purposes for which it was cleared under subsection (3).

Application

6.

(1) Sections 7 and 8 do not apply to land in Zone B or Zone C if

(a) the legal right to the land was obtained by the interest holder before March 31, 2013; and

(b) the land is Commissioner’s land for which a legal right has been granted for recreational use.

(1.1) Notwithstanding subsection (1), if a building or structure that was in place on land referred to in subsection (1) is substantially modified, sections 7 and 8 apply to the building or structure as modified.

(2) Sections 10 and 11 apply to land in Zone B or Zone C, unless the land is Commissioner’s land that is leased for recreational use. R-128-2018,s.3.

Buildings or Structures

7.

(1) In this section,

"ancillary structure" means a building or structure whose primary use is incidental to the use of the land; (structure secondaire)

"building or structure" does not include a dock, deck, driveway, parking lot or earthworks; (bâtiment ou structure)

"front lot line" means the boundary of land that is closest to and most parallel to the bank or shoreline of a water body or a road or trail. (limite avant du lot)

(2) A person shall not construct on the land a building or structure unless

(a) he or she submits a plan of the construction to an area development officer at least 60 days before construction begins; and

(b) the plan has been approved by the area development officer before construction begins.

(3) A plan submitted under subsection (2) must include a scale drawing that shows

(a) which direction is north;

(b) the boundaries of the land and an indication of their distances to the nearest water bodies;

(c) the proposed placement of each building or structure and an indication of their distances from the boundaries of the land;

(d) each planned building or structure and an indication of their dimensions including maximum height;

(e) approximate location of existing vegetation; and

(f) approximate locations of access to and egress from the land.

(4) A plan submitted under subsection (2) must include

(a) a description of the intended use of each building or structure;

(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and

(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the buildings or structures.

(5) Subject to subsections (6) and (7), a person shall not construct on the land a building or structure that has

(a) a footprint that exceeds 100 m2; or

(b) a height that exceeds 5 m.

(6) A person may

(a) submit a plan under subsection (2) to construct on the land an A-frame building or other similar structure with a height that exceeds 5 m but with a footprint that does not exceed 100 m2; and

(b) construct the A-frame building or other similar structure in accordance with the submitted plan if it is approved under subsection (2).

(7) A person shall not construct on the land

(a) more than four ancillary structures on the land;

(b) ancillary structures with a total footprint that exceeds 45 m2; or

(c) an ancillary structure with a height that exceeds 5 m.

(8) A person shall not construct on the land a deck that exceeds a total footprint of 50 m2.

(9) A person shall not construct on the land a building or structure unless the building or structure is set back

(a) at least 15 m from the front lot line;

(b) at least 15 m from a boundary other than the front lot line that is a bank or shoreline of a water body; and

(c) at least 6 m from a boundary other than those referred to in paragraphs (a) or (b).

(10) A person shall not construct on the land a building or structure with a spacing of less than 1 m from another building or structure.

(11) A person shall not use an ancillary structure for human habitation.

Docks

8.

(1) In this section, "Dock Primer" means Department of Fisheries and Oceans Document Number DFO/2008-1431, The Dock Primer - Prairies Edition (2008).

(2) The Dock Primer, as amended from time to time, is adopted as a standard.

(3) A person shall not construct on the land a dock unless

(a) he or she submits a plan of the construction to an area development officer at least 60 days before construction begins; and

(b) the plan has been approved by the area development officer before construction begins.

(4) A plan submitted under subsection (3) must include a scale drawing that shows

(a) which direction is north;

(b) the boundaries of the land and an indication of their distances to the nearest water bodies;

(c) the proposed placement of the dock and an indication of its distance from the boundaries of the land;

(d) the dock and an indication of its proposed dimensions including maximum height;

(e) approximate location of existing vegetation; and

(f) approximate locations of access to and egress from the land.

(5) A plan submitted under subsection (3) must include

(a) a description of the intended use of the dock;

(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and

(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the dock.

(6) If land is not adjacent to a water body but is adjacent to other land that is adjacent to a water body, a person may

(a) submit a plan under subsection (3) to construct and situate a dock on the bank or shoreline of that other land, using the most direct and shortest distance from the land to the shoreline as possible; and

(b) construct and situate the dock in accordance with the submitted plan if it is approved under subsection (3).

(7) A dock constructed under this section must be constructed in conformity with the Dock Primer.

Driveways, Parking Lots and Earthworks

9.

(1) In this section, "driveway" includes a road, trail or right of way.

(2) A person shall not construct on the land a driveway, parking lot or earthworks unless

(a) he or she submits a plan of the construction to an area development officer at least 60 days before construction begins; and

(b) the plan has been approved by the area development officer before construction begins.

(3) A plan submitted under subsection (2) must include a scale drawing that shows

(a) which direction is north;

(b) the boundaries of the land and an indication of their distances to the nearest water bodies;

(c) the proposed placement of each planned driveway, parking lot or earthworks and an indication of their distances from the boundaries of the land;

(d) each planned driveway, parking lot or earthworks and an indication of their proposed dimensions including maximum height;

(e) approximate location of existing vegetation; and

(f) approximate locations of access to and egress from the land.

(4) A plan submitted under subsection (2) must include

(a) a description of the intended use of each driveway, parking lot or earthworks;

(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and

(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the driveways, parking lots or earthworks.

(5) A person shall not construct on the land a driveway, unless

(a) the driveway has a width that does not exceed 4 m; and

(b) the driveway is constructed so as to use the most direct route from its terminus to the nearest road or highway access.

(6) A person shall not construct on the land parking lots with a collective area that exceeds 30 m2.

(7) For greater clarity, nothing in this section affects the applicability of any other laws respecting access to driveways.

Fuel and Waste Management

10.

(1) In this section, "waste" includes liquid and solid waste and materials that are hazardous to the environment or to human health.

(2) A person shall make reasonable efforts to ensure that the land and adjacent land is not contaminated by waste.

(3) Reasonable efforts made under subsection (2) include

(a) the temporary indoor storage of waste in covered containers;

(b) the temporary outdoor storage of waste in wildlife resistant containers; and

(c) the burning of nonhazardous substances in a fire pit referred to in section 11.

(4) A person shall not dispose of waste onto land or into a water body.

(5) For greater clarity, nothing in this section affects any obligations imposed under any other enactment.

Fire Pits

11.

A person shall not use a fire pit on the land for a recreational fire, unless

(a) it is fuelled by untreated, unpainted and preservative free wood;

(b) it is located at least 3 m from buildings, property lines or combustible materials;

(c) the sides of the fire pit are fully enclosed and constructed from brick, concrete block, heavy gauge metal or other non-combustible material;

(d) it is fixed to the ground to prevent tipping;

(e) it does not extend more than 1 m above the ground; and

(f) the surface area of the fire pit does not exceed 2 m2.

12.

The Yellowknife Watershed Development Area Regulations, R.R.N.W.T. 1990, c.A-18, are repealed.

13.

These regulations come into force March 31, 2013.

SCHEDULE

Zone C

Zone B

ZZoonnee

Zone A

Yellowknife Watershed

Development Area

Transfer Boundary Watershed Zone A Watershed Zone B Watershed Zone C

ANNEXE

Zone C

Zone B

ZZoonnee

Zone A

Yellowknife Watershed

Development Area

Transfer Boundary Watershed Zone A Watershed Zone B Watershed Zone C