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Stormwater Bylaw review

We’re making a new Stormwater Bylaw to replace our existing bylaw before it expires in 2022. The new bylaw includes a few changes. Submissions on this proposal are now closed.

What does the Stormwater Bylaw cover?

The Stormwater Bylaw promotes sustainable urban drainage and seeks to protect the environment from flooding, erosion and the discharge of contaminants. It provides the Council with legal powers to make private connections to the public stormwater network, ensures the public stormwater network is protected by managing work around stormwater services, and places controls on the discharge of contaminants to the public stormwater network.

The bylaw is one of several mechanisms the Council uses to manage stormwater. The District Plan is Council’s key regulatory framework for managing land use along with the Engineering Standards for Land Development that include the technical standards for the construction of stormwater systems.

The scope of the new bylaw has not changed much since the 2015 bylaw. However, due to an increasing number of private stormwater systems (from both land and building development) we’ve identified a need for these systems to be properly operated and maintained so they don’t impact on the functioning of the public stormwater network.

The new bylaw also aims to better manage the risks associated with the discharge of any contaminants to the public stormwater network and the receiving environment (such as waterways).

What changes are being proposed?

Most of the bylaw is unchanged, but there are a few areas where changes are being proposed:

  • Introducing new requirements for owners of private stormwater systems to operate and maintain these systems in a way that does not cause nuisance such as flooding or result in damage to the public stormwater network.
  • Introducing a requirement for removing or decommissioning redundant systems to prevent damage to the public stormwater network.
  • Requiring that any discharge of contaminants to the public stormwater system must pass through an approved stormwater treatment measure.
  • Clarifying the difference between Stormwater Management Plans required under the land development process, and a Stormwater Contamination Mitigation Plan required by the bylaw.
  • Clarifying the expectations in the event of a discharge of contaminants occurring: The owner or occupier is required to contact Council immediately and put in place temporary measures to prevent the contamination recurring or continuing.
  • Enabling Council to take direct enforcement action in the event of a non-compliant discharge of contamination to the public stormwater network. This replaces the current provision which enables Council to withdraw approval or require re-submission of a Stormwater Contamination Mitigation Plan.

There are other minor changes proposed. For details, please download the Statement of Proposal, which includes a copy of the draft bylaw and administration manual.

Next steps

Submissions closed at 4pm on Tuesday 23 November.

We expect to hold hearings for oral submissions in February 2022 at the Planning and Strategy Committee. We’ll write to all submitters and confirm the date. We’ll update this page once a date is confirmed too. The committee will then meet in either March or April to consider all the written and oral submissions and make a recommendation to the full Council.

We expect the Council will adopt the final Stormwater Bylaw in April 2022.