Rules Relating to Freshwater Wetlands

This page lists the rules relating to wetlands as set in the Tasman Resource Management Plan, quoted as at October 2013. The rules below are common to all zones.

TRMP Rules for Wetlands

17.6.5 Destruction or Removal of Indigenous Vegetation and Forest
17.6.5.1 Permitted Activities (Destruction or Removal of Indigenous Vegetation)

The destruction or removal of indigenous vegetation (excluding indigenous forest) is a permitted activity, if it complies with the following conditions:

(b) The site is not a naturally occurring wetland.

28.2.2 Dam Structures
28.2.2.1 Permitted Activities (Dam Structures)

The use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any dam structure that is in or on the bed of a lake or river, or any associated deposition or necessary bed disturbance is a permitted activity, if it complies with the following conditions:

(c) (iv) area covered by the impounded water does not cover any naturally-occurring wetland

31.1.6 Diversion and Take of Water from Naturally Occurring Wetlands
31.1.6.1 Discretionary Activities (Diversion and Take of Water (including by infilling) from Naturally Occurring Wetlands)

The diversion and take of water from a naturally occurring wetland including the diversion of water by the infilling of a wetland, is a discretionary activity.

A wetland subject to this rule includes permanently or intermittently wet areas, shallow water and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions, and:

  1. wetlands which are part of river, stream and lake margins;
  2. natural ponds, swamps, marshes, fens, bogs, seeps, brackish areas, mountain wetlands, and other naturally wet areas that support vegetation adapted to living in wet conditions, and provide a habitat for wildlife;
  3. coastal wetlands;

but excludes:

  1. wet pasture or where water temporarily ponds after rain, or pasture containing patches of rushes (juncus species);
  2. oxidation ponds;
  3. artificial wetlands used for wastewater or stormwater treatment;
  4. artificial farm dams and detention dams;
  5. land drainage ditches and farm drains;
  6. reservoirs for firefighting, domestic or community water supply;
  7. temporarily ponded rainfall.

Note: The edge of a wetland (i.e. where a wetland becomes land) is where terrestrial plant species become dominant and where the substrate changes from being permanently or intermittently wet to ‘dry land’. Where plants can be used as an indicator, a wetland becomes dry land where the plant species are those typical of terrestrial environments over more than 80 percent of the area.

A resource consent is required. Consent may be refused or conditions imposed.

These rules also apply for work on your property that may affect wetland areas on your property or a neighbouring property, particularly drainage works.

For Estuarine Wetlands, Foreshore and Seabed Rules Apply in Addition

Rule 25.2.3.2 Discretionary Activities (Disturbance of Foreshore or Seabed – Other Purposes)

Any disturbance of the foreshore or seabed involving the excavation, deposition, redistribution or removal of material is a discretionary activity: A resource consent is required. Consent may be refused or conditions imposed. Council’s assessment of any application may include, but is not restricted to, matters of the kind listed in rule 25.1.2.3, and:

In relation to reclamation:

  • The minimum practical area needed for the proposed activity, adequate management of effects likely from that activity, and for public access to and along the coast.

In relation to dredging:

  • The need for the dredging.
  • The need for future maintenance dredging.

In relation to redistribution of foreshore material:

  • The nature of the replenishment material.
  • Effects on habitats and ecosystems in both the receiving area and the source area for the replenishment material.
  • Natural coastal processes occurring in the source and replenishment areas, and the likely destination of material moved from the replenishment site by natural processes.
25.2.3.3 Non-Complying Activities (Disturbance of Foreshore or Seabed – Other Purposes)

Any disturbance of foreshore or seabed for any purpose specified in rule 25.2.3.2, that does not comply with the conditions for that rule, is a non-complying activity.

A resource consent is required. Consent may be refused or conditions imposed.

Meaning of Words

Dam

is a structure that dams water including a weir, and includes the associated parts of the dam such as any embankment, spillway, associated pipes, and the area covered by the impounded water at the highest level.

Discretionary activity

an activity for which a resource consent is required for the activity and-

(a) the consent authority may decline the consent or grant the consent with or without conditions; and
(b) if granted, the activity must comply with the requirements,

Permitted activity

an activity for which a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

Resource consent

any land use consent, subdivision consent, coastal permit, water permit, or discharge permit, and includes all conditions to which the consent is subject.

River

a continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; 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).

Vegetation

includes trees, shrubs, plants, or grasses.