5.1.1 Riparian Planting and Retirement

1. Any resource consent granted in respect of land contiguous to a riverbank may require the establishment and maintenance of conservation planting or the retirement of land for regeneration of indigenous vegetation up to a maximum of 20 metres along all rivers to avoid, remedy or mitigate any adverse effects from the land use practices for which consent has been granted.
   
   For the purposes of this rule river means all natural perennial flowing streams and modified watercourses; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal).

 

2. With the exception of Scheduled Item 213 of Schedule 3, the establishment of such areas may be subject to a covenant or consent notice or other such legal instrument as may be considered appropriate in the circumstances to ensure the long term protection of the waterway as well as the maintenance of the planted area as a protective environment. Such an instrument shall include provisions for fencing, and where stock are present, stock proof fencing, maintaining the waterway, clearing noxious weeds, maintaining and replacing the trees as required and shall define the extent of planting.

 

3. Consultation with Environment Waikato, where it has responsibilities for operation and maintenance for soil conservation, river control or drainage assets, be undertaken concerning access and conservation provisions.

5.1.2 Rehabilitation

1. All activities involving extraction, excavation, drilling, tunnelling or other disturbance or deposition of land shall, where practicable, restore the land and structures to a stable land form with a soil structure and fertility that is capable of supporting vegetation similar to that found in local habitats.
   
   Provided that: These provisions do not apply to road construction, farm tracks (including farm or forestry access tracks) or excavation for a building platform of less than 1000 m3 in volume.
   
   Restoration includes loosening of the soil to prevent over-compaction and slipping surfaces and to aid root penetration. In particular:
   
   
   1. Topsoil stripped from the working area shall, where practicable, be retained for future restoration of the land.
   2. All excavations, heaps, dumps, spoil, tailings or other materials shall be restored in a manner that will enable reinstatement of a natural vegetated landscape, similar to that found locally.
   3. Rehabilitated lands shall be planted within the first growing season following restoration of the soil profile.
   
   Site rehabilitation associated with mining and quarrying shall include the management of tailings to avoid discharges, and the removal of all machinery, buildings, equipment and solid waste. See Section 1.4.13.
2. Where vegetation clearing and/or burning is undertaken the land shall be rehabilitated and replanted in a way that avoids any potential for adverse effects from soil erosion and water sedimentation.
3. All rehabilitation and replanting that is required in standards (i) and (ii) above shall be certified as being completed in accordance with the provisions of these rules by a suitably qualified or experienced person.
4. To ensure that appropriate restoration is undertaken, Council may apply bonds or financial charges to an equivalent value.

5.1.3 Cleanfill

1. Cleanfill shall be rehabilitated to a state similar in land, form and visual appearance to that found locally.
2. Such site shall not be located within 20m of a significant natural environment or heritage feature identified in Schedules 1, 2 or 3, or features that meet the evaluation criteria listed in Appendix 1.
   
   
   Advice Note: See also the Waikato Regional Plan that relates to Soil Disturbance, Roading and Tracking, Vegetation Clearance, and Cleanfilling and Disposal. For rules and performance standards related to noise, dust and other matters refer to Sections 5.2, 5.5 and other sections where relevant.

Explanation

Riparian planting for water and soil conservation, recreational, aesthetic or scientific management purposes may be required as a condition of a Resource Consent for consents granted on sites contiguous to a river. The planting shall be provided adjacent to the bank of the river and maintained and fenced by the consent holder where required for stock management and where practicable shall ensure that:

• stock are excluded
• the flow of water is not impeded
• provision is made for access to clear and maintain the waterway

The protection of the river system’s water quality involves, improving and enhancing the catchment areas surrounding the rivers, restoring any artificial disturbance to the land to reduce siltation and sedimentation of the system and controls on depositing waste material to the land to avoid contamination from other sources.

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