Acts and Regulations

2017, c.19 - Community Planning Act

Section 72
Disposition versions

Full text
Making and enforcement of flood risk area by-law
72(1)If a flood risk area has been designated under section 71, the council may make a flood risk area by-law to be effective within the flood risk area and to provide for
(a) the maintenance of an adequate floodway for conveyance of flood waters,
(b) the conservation of the flood-water storage capacity of an area, and
(c) the protection of new development from the risk of flood damage.
72(2)Without limiting subsection (1), a flood risk area by-law may prescribe engineering standards, designs and techniques to be followed in all development within the flood risk area and may prohibit all development except in accordance with the prescribed standards, designs and techniques.
72(3)A flood risk area by-law may
(a) prohibit development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period, and
(b) require that all development in a flood risk area or in a portion of the area be carried out so as not to reduce the flood water storage capacity of the area, and prohibit development in any other manner.
72(4)If a flood risk area by-law provides that all development within the flood risk area or a portion of the flood risk area be carried out so as not to reduce the flood water storage capacity of the area, the council may by resolution permit a development if the developer
(a) establishes that the developer is unable to provide the additional storage capacity for flood water displaced by the development, and
(b) has paid to the local government an amount of money sufficient to enable the local government to economically provide for equivalent flood water storage capacity, whether within or outside the flood risk area.
72(5)In no event shall the amount of money paid to the local government in accordance with subsection (4) exceed the sum of
(a) the market value, at the time of the issuance of the permit for the proposed development, of land available to provide the equivalent flood water storage capacity referred to in subsection (4), and
(b) the necessary construction costs to provide the capacity.
72(6)Money received by a local government in accordance with subsection (4) shall be deposited in a special interest bearing trust account and be expended by the local government only for flood control purposes and for no other purpose.
72(7)No flood risk area by-law is valid unless the requirement of paragraph 112(1)(b) is complied with and comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.
2021, c.44, s.1
Making and enforcement of flood risk area by-law
72(1)If a flood risk area has been designated under section 71, the council may make a flood risk area by-law to be effective within the flood risk area and to provide for
(a) the maintenance of an adequate floodway for conveyance of flood waters,
(b) the conservation of the flood-water storage capacity of an area, and
(c) the protection of new development from the risk of flood damage.
72(2)Without limiting subsection (1), a flood risk area by-law may prescribe engineering standards, designs and techniques to be followed in all development within the flood risk area and may prohibit all development except in accordance with the prescribed standards, designs and techniques.
72(3)A flood risk area by-law may
(a) prohibit development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period, and
(b) require that all development in a flood risk area or in a portion of the area be carried out so as not to reduce the flood water storage capacity of the area, and prohibit development in any other manner.
72(4)If a flood risk area by-law provides that all development within the flood risk area or a portion of the flood risk area be carried out so as not to reduce the flood water storage capacity of the area, the council may by resolution permit a development if the developer
(a) establishes that he or she is unable to provide the additional storage capacity for flood water displaced by the development, and
(b) has paid to the local government an amount of money sufficient to enable the local government to economically provide for equivalent flood water storage capacity, whether within or outside the flood risk area.
72(5)In no event shall the amount of money paid to the local government in accordance with subsection (4) exceed the sum of
(a) the market value, at the time of the issuance of the permit for the proposed development, of land available to provide the equivalent flood water storage capacity referred to in subsection (4), and
(b) the necessary construction costs to provide the capacity.
72(6)Money received by a local government in accordance with subsection (4) shall be deposited in a special interest bearing trust account and be expended by the local government only for flood control purposes and for no other purpose.
72(7)No flood risk area by-law is valid unless the requirement of paragraph 112(1)(b) is complied with and comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.
Making and enforcement of flood risk area by-law
72(1)If a flood risk area has been designated under section 71, the council may make a flood risk area by-law to be effective within the flood risk area and to provide for
(a) the maintenance of an adequate floodway for conveyance of flood waters,
(b) the conservation of the flood-water storage capacity of an area, and
(c) the protection of new development from the risk of flood damage.
72(2)Without limiting subsection (1), a flood risk area by-law may prescribe engineering standards, designs and techniques to be followed in all development within the flood risk area and may prohibit all development except in accordance with the prescribed standards, designs and techniques.
72(3)A flood risk area by-law may
(a) prohibit development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period, and
(b) require that all development in a flood risk area or in a portion of the area be carried out so as not to reduce the flood water storage capacity of the area, and prohibit development in any other manner.
72(4)If a flood risk area by-law provides that all development within the flood risk area or a portion of the flood risk area be carried out so as not to reduce the flood water storage capacity of the area, the council may by resolution permit a development if the developer
(a) establishes that he or she is unable to provide the additional storage capacity for flood water displaced by the development, and
(b) has paid to the local government an amount of money sufficient to enable the local government to economically provide for equivalent flood water storage capacity, whether within or outside the flood risk area.
72(5)In no event shall the amount of money paid to the local government in accordance with subsection (4) exceed the sum of
(a) the market value, at the time of the issuance of the permit for the proposed development, of land available to provide the equivalent flood water storage capacity referred to in subsection (4), and
(b) the necessary construction costs to provide the capacity.
72(6)Money received by a local government in accordance with subsection (4) shall be deposited in a special interest bearing trust account and be expended by the local government only for flood control purposes and for no other purpose.
72(7)No flood risk area by-law is valid unless the requirement of paragraph 112(1)(b) is complied with and comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.