Acts and Regulations

89-7 - Loch Lomond Watershed Planning Area Basic Planning Statement Adoption

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 89-7
under the
Community Planning Act
(O.C. 89-75)
Filed February 16, 1989
Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:
2000, c.26, s.56
1This Regulation may be cited as the Loch Lomond Watershed Planning Area Basic Planning Statement Adoption Regulation - Community Planning Act.
2In this Regulation
“accessory buildings and structures” means detached subordinate buildings and structures, not used for human habitation, located on the same lot as the single-family dwelling to which they are accessory, the use of which is naturally or customarily incidental to the residential use of the single- family dwelling;(bâtiments et constructions accessoires)
“act of God” means an extraordinary occurrence or circumstance that is directly and exclusively due to natural causes without human intervention, which could not by any amount of ability have been foreseen or, if foreseen, could not by any amount of human care and skill have been resisted;(force majeure)
“clearcutting” means the cutting and removal of more than seventy-five per cent of the merchantable trees in an area.(coupe à blanc)
3That area of land outlined in Schedule A, being the boundaries of the portion of the Loch Lomond Watershed in the parishes of Saint Martins and Simonds, Saint John County and in the parishes of Hampton, Rothesay and Upham, Kings County and excluding the portion of the Loch Lomond Watershed in The City of Saint John, is designated for the purpose of the adoption of a basic planning statement and is the area to which this Regulation applies.
4The Loch Lomond Watershed Planning Area Basic Planning Statement contained in Schedule B is adopted for the Loch Lomond Watershed Planning Area outlined in Schedule A.
SCHEDULE B
LOCH LOMOND WATERSHED PLANNING AREA BASIC PLANNING STATEMENT
 
 
INTRODUCTION
During recent years The City of Saint John has expressed concerns to the Department of Environment and Local Government about the increasing pressures toward further development in the Loch Lomond Watershed Planning Area and the possible impact of such development on the quality of the water in the watershed. In response to these concerns, the Minister of Environment and Local Government has decided to prepare the Loch Lomond Watershed Planning Area Basic Planning Statement in order to freeze development temporarily in the Loch Lomond Watershed Planning Area.
The area of the Loch Lomond Watershed is in excess of 18,000 hectares (44,479.8 acres). It is the source of potable water for approximately one-half of the population of The City of Saint John. A land use survey carried out by the Land Use Planning Branch of the Department of Environment and Local Government shows that there is considerable development on the southeastern side of Loch Lomond Reservoir, including strip residential uses, two gravel pits and a gas station. Similar strip residential uses and other gravel pits are located elsewhere over the watershed.
A report prepared in 1985 by Underwood McLellan Ltd. at the request of the Inland Waters Directorate of Environment Canada, entitled Water Management Overview of Municipal Surface Water Supply Areas in New Brunswick, indicates that The City of Saint John is the owner of most of the land near the city’s water intake system in the Loch Lomond Reservoir as well as the entire shoreline on the western side of the reservoir, but that land uses located over and fronting on the remaining portions of the watershed pose significant threats to the quality of water in the watershed. The report further indicates that the major sources of concern to The City of Saint John are “septic tank effluent, storm water run-off from developed areas, and general existing and future community development pressures. These problems are evidenced mostly in the vicinity of the reservoir body itself.”
OBJECTIVES
The objectives of the Loch Lomond Watershed Planning Area Basic Planning Statement are:
(a) to freeze development temporarily in the Loch Lomond Watershed Planning Area, and
(b) to carry out a detailed study of the Loch Lomond Watershed Planning Area that among other matters would
(i) identify sources of pollution and recommend corrective measures,
(ii) determine the amounts and kinds of development that could be permitted under specified pollution control measures, and
(iii) recommend a system of monitoring and controlling the water quality of the Loch Lomond Watershed system.
PROPOSALS
The Loch Lomond Watershed is the source of potable water for approximately one-half of the population of The City of Saint John and any further development in the Loch Lomond Watershed Planning Area may cause the water in the watershed to become unsuitable as potable water. It is therefore proposed
(a) that single-family dwellings and accessory buildings and structures may be erected only on
(i) vacant lots that exist in the Loch Lomond Watershed Planning Area at the time of the adoption of the Loch Lomond Watershed Planning Area Basic Planning Statement, or
(ii) new lots that are at least 80 metres (262.5 feet) in width and at least 90 metres (295.3 feet) in depth with an area of at least 0.8 hectare (2 acres),
if the single-family dwellings and accessory buildings and structures are located more than 100 metres (328 feet) from the high-water mark of the nearest lake in the watershed,
(b) that no development or expansion or modification of any existing development, except
(i) ordinary maintenance or repair, or
(ii) the erection of a garage that is accessory to a residential dwelling and that does not exceed 7.6 metres (25 feet) in width and 7.3 metres (24 feet) in depth,
be permitted within 100 metres (328 feet) from the high-water mark of the nearest lake in the watershed,
(c) subject to paragraphs (a) and (b), that no non-residential development be permitted in the Loch Lomond Watershed Planning Area,
(d) that an existing residential dwelling or an existing accessory building or structure, if destroyed by fire or an act of God, may be rebuilt if the rebuilt residential dwelling or accessory building or structure
(i) has dimensions that do not exceed those of the original,
(ii) has a total floor area that does not exceed that of the original, and
(iii) does not provide more dwelling units than the original, and
(e) that no clearcutting be permitted within 150 metres (492 feet) from the high-water mark of any lake in the watershed.
It is proposed that the provisions of the Loch Lomond Watershed Planning Area Basic Planning Statement shall apply until
(a) the expiration of one year after the date of its adoption, or
(b) the date that the detailed study referred to above is completed and the Loch Lomond Watershed Planning Area is accordingly designated as a protected area under the Clean Environment Act,
whichever comes first.
2012, c.39, s.49
N.B. This Regulation is consolidated to June 13, 2012.