Culverts, weirs, fords
Culverts built to channel a river under a road disturb the bed of the river and so are controlled by the Council. Culverts for artificial watercourses do not disturb in the bed of a river, and are not controlled by the Council. These culverts may be controlled by territorial authorities in their district plans.
All activities in the beds of rivers and lakes are controlled in the Regional Freshwater Plan. This includes building culverts, fords and weirs over, under or on the bed of a river or lake.
Culverts, weirs, and fords in river and lake beds
Rule 49 of the Regional Freshwater Plan requires a land use consent for all river crossings and lake crossings unless they are allowed by Rule 22, 25, 31, or 35 or meet the standards of Rule 43 or 47. This is a discretionary activity.
Rule 22 of the Regional Freshwater Plan permits the maintenance, repair, replacement, extension, addition to, or alteration of any existing lawful structure or any part of an existing lawful structure that is fixed in, on, under, or over the bed of any river or lake, provided the activity complies with conditions stated in the rule. An "existing" structure is one that existed on 25 January 1997 (the date the Proposed Plan was publicly notified).
Rule 25 of the Regional Freshwater Plan permits the placement and use of any river crossing that is fixed in, on, under or over the bed of any intermittently flowing river or stream, provided the activity complies with conditions stated in the rule. This Rule allows a culvert, weir, ford or bridge across the stream. It does not allow the enclosing of a stream within a culvert that is not a river crossing, and it does not allow river crossings that dam the river.
Rule 43 of the Regional Freshwater Plan requires a land use consent to maintain, repair, replace, extend, add to, or alter any existing lawful structure or any part of any existing lawful structure that is fixed in, on, under, or over the bed of any river or lake, unless the activity is allowed by Rule 22. This is a controlled activity, provided the activity complies with standards and terms stated in the rule. An "existing" structure is one that existed on 25 January 1997 (the date the Proposed Plan was publicly notified). If any standard is exceeded, the activity is controlled by Rule 49 (see above).
Rule 47 of the Regional Freshwater Plan requires a land use consent to place and use any culvert, weir, or ford that crosses any river or stream unless the crossing is allowed by Rule 25 or 31. Some rivers are specifically excluded from this rule. This is a controlled activity, provided the activity complies with standards and terms stated in the rule. If any standard is exceeded, the activity is controlled by Rule 49 (see above). Rule 47 controls building culverts, weirs, fords and bridges across the stream. It does not provide for enclosing streams within a culvert that is not a river crossing. These require a land use consent under Rule 49.