Designated Flood Area Regulation

Designated Flood Area Regulation, M.R. 59/2002 The Water Resources Administration Act , C.C.S.M. c. W70 Regulation 59/2002 Registered April 8, 2002 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application 3 Designated Flood Areas continued or designated 4 Flood protection levels 5 Application to build 6 Two stage permit subject to condition 7 Establishing reference mark 8 Floodproofing criteria 9 Floodproofing criteria for accessory structures 10 Floodproofing criteria for dykes 11 Notice of compliance 12 Transitional 12.1 Transitional provision for the Lower Red River Designated Flood Area 13 Repeal 14 Coming into force Schedule A Structures with a Basement or Cellar B Structures with No Basement or Cellar C Elevated Structure D Dike Cross-Section E Machine Shed, Work Shop, Granary, Storage Building F Detached Garage G Livestock Barn H Red River Valley Designated Flood Area Definitions 1 In this regulation, "accessory structure" includes a structure described in section 9; (« construction annexe ») "Act" means The Water Resources Administration Act ; («  Loi  ») "design flood" means a flood, either observed or simulated, that is chosen as the basis for the design of a structure; (« crue de projet ») "flood protection level" means the flood protection level set out in Schedule H for a designated flood area; (« niveau de protection contre les inondations ») "floodproofing criteria" means (a) for structures other than accessory structures, dykes, sewage lagoons or manure storage facilities, the terms and conditions outlined in section 8, (b) for accessory structures, the terms and conditions outlined in section 9, (c) for dykes, sewage lagoons or manure storage facilities, the terms and conditions outlined in section 10; (« critères de prévention des inondations ») "freeboard allowance" means an additional amount of height used as a safety factor in determining the design height of a floodproofing method to compensate for unknown factors such as wave action; (« marge de revanche ») "hazardous material" includes material that is inflammable, explosive or toxic; (« matériaux dangereux ») "inspector" means an inspector appointed by the minister; (« inspecteur ») "structure" includes a building, dyke or storage tank, and includes an addition to any of those things, but does not include (a) buildings that are normally incidental or subordinate to open-air structures used for recreational purposes, such as change rooms and washrooms, (b) storage sheds under 10 m 2 , or (c) cattle sheds and similar open-air buildings used for agricultural purposes; (« construction ») "two stage permit" means a two stage permit issued under subsection 17(3) of the Act. (« permis à deux étapes ») M.R. 132/2011 Application 2(1) The floodproofing criteria outlined in this regulation do not apply to the construction or relocation of a structure that is located or is to be located (a) within a designated dyking system; (b) on a site the elevation of which is above the flood protection level; or (c) within a dyke that has been constructed in accordance with the criteria illustrated in Schedule D. 2(2) The floodproofing criteria outlined in this regulation apply to any person required to comply with subsection 17(1) or (2) of the Act. Designated Flood Areas continued or designated 3(1) The Red River Valley Designated Flood Area is continued as a designated flood area. This area comprises all land identified on Plan No. 11-1-1679 filed at the head office of the Department of Environment and Climate Change in Winnipeg. 3(2) The Lower Red River Designated Flood Area is hereby designated as a designated flood area. This area comprises all land identified on Plan No. 11-1-11063 filed at the head office of the Department of Environment and Climate Change in Winnipeg. M.R. 132/2011 ; 115/2025 Flood protection levels 4(1) The flood protection level for land located within the Red River Valley Designated Flood Area is set out in subsection 1(2) of Schedule H. 4(2) The flood protection levels for land located within the Lower Red River Designated Flood Area are set out in subsection 2(3) of Schedule H. M.R. 132/2011 Application to build 5 An application for a two stage permit to build, construct or erect within a designated flood area, to bring a building, erection or construction on or within a designated flood area or to make an addition or reconstruction to a building, erection or construction within a designated flood area shall be made on a form approved by the minister and shall be accompanied by (a) a plan or description giving the elevation of the footings or foundation of the structure in relation to the finished main floor elevation; and (b) a plan or description indicating the location of the structure on its site. Two stage permit subject to condition 6 Each stage of a two stage permit shall be issued subject to the condition that the structure to which the permit applies meets the relevant criteria set out in sections 8, 9 and 10. Establishing reference mark 7(1) Upon Stage 1 of a two stage permit being issued, and within 15 days after the receipt of a written request of the permit holder requesting the establishment of a reference mark, an inspector shall, at no cost to the permit holder, establish a reference mark at or near the site of the structure or proposed structure indicating the flood protection level applicable to that site and structure. 7(2) Upon the written request of the permit holder, an inspector shall re-establish any reference mark established under subsection (1), but the cost of the re-establishment shall be borne by the permit holder. Floodproofing criteria 8(1) Subject to sections 2 and 12, every structure that is subject to the application of subsection 17(1) or (2) of the Act, other than a structure referred to in section 9 or 10, shall be (a) constructed on a site raised by fill; (b) raised on piles; or (c) protected by a dyke constructed in accordance with Schedule D. 8(2) If a structure that is constructed on a site raised by fill has a basement or cellar, (a) the site shall be raised by impervious fill in accordance with the criteria illustrated in Schedule A; and (b) where the in situ material is pervious, the design of the structure must be certified as being capable of withstanding hydrostatic and uplift pressures by a static water level at the flood protection level by a professional engineer who is, at the time of certification, entitled to practice in Manitoba under The Engineering and Geoscientific Professions Act . 8(3) If a structure that is constructed on a site raised by fill has no basement or cellar it shall be constructed in accordance with the criteria illustrated in Schedule B. 8(4) A structure raised on piles or raised by an equivalent support system shall be constructed in accordance with the criteria illustrated in Schedule C. 8(4.1) If a structure is raised on piles or an equivalent support system, as set out in subsection (4), the piles or the support system must be designed and constructed so as to be able to withstand hydraulic and ice-jam forces. 8(5) Every structure described in this section shall have all windows, exterior doors or other exterior openings located above the applicable flood protection level unless (a) the area immediately surrounding the windows, exterior doors or other exterior openings is raised by fill to the applicable flood protection level; or (b) prior to the start of construction of the structure, the permit holder submits, in writing, an alternate floodproofing system for the windows, exterior doors and other exterior openings of the structure to an inspector, the alternate floodproofing system submitted by the permit holder is approved by the inspector and the structure is constructed in accordance with the approved alternate floodproofing system. M.R. 132/2011 Floodproofing criteria for accessory structures 9(1) Subject to sections 2 and 12, a structure that is described in this section and that is subject to the application of subsection 17(1) or (2) of the Act shall comply with the floodproofing criteria set out in this section. 9(2) A farm machinery shed, granary, or other building used for the storage of agricultural produce, or a workshop, shed or other similar structure used for the storage of immovable equipment or hazardous material shall be constructed in accordance with the criteria illustrated in Schedule E. 9(3) A detached garage shall be constructed in accordance with the criteria illustrated in Schedule F. 9(4) A storage tank for fuel oil, gasoline or any other gas or liquid shall be situated entirely above the applicable flood protection level or be completely buried underground. 9(5) A livestock or poultry barn shall be constructed in accordance with the criteria illustrated in Schedule G. Floodproofing criteria for dykes 10(1) Subject to subsection (2), a dyke constructed for flood protection, a sewage lagoon or a manure storage facility that is subject to the application of subsection 17(1) or (2) of the Act shall be constructed in accordance with the criteria illustrated in Schedule D. 10(2) Where a dyke or a part of a dyke is an improved municipal or provincial road, the minimum height of that portion of the dyke that is an improved municipal or provincial road must be no less than the minimum height set out in Schedule H for that type of dyke in the designated flood area. M.R. 132/2011 Notice of compliance 11 After completing an inspection under section 17(10.1) of the Act, an inspector shall issue a written notice, in a form approved by the minister, to the permit holder and the appropriate municipal authority indicating whether, in the professional opinion of the inspector, the structure inspected complies with the relevant floodproofing criteria outlined in this regulation. Transitional 12 The floodproofing criteria outlined in this regulation do not apply to a permit issued under the Canada-Manitoba Partnership Agreement on Red River Valley Flood Protection to perform floodproofing work. Notwithstanding its repeal, the provisions of Manitoba Regulation 266/90 continue to apply to such a permit and all work done under it. Transitional provision for the Lower Red River Designated Flood Area 12.1(1) For the purposes of subsections 17(1) and (2) of the Act, if a person had, before the designation of the Lower Red River Designated Flood Area as a designated flood area, begun but not completed (a) the building, constructing, erecting or bringing of any building, structure or erection on or within the Lower Red River Designated Flood Area; or (b) the making of any addition to or reconstruction of any building, structure or erection within the Lower Red River Designated Flood Area; the building, construction, erection, bringing on or within, addition or reconstruction, as the case may be, is deemed not to be occurring on or within the Lower Red River Designated Flood Area. 12.1(2) For greater certainty, subsection (1) does not apply to any building, construction, erection, bringing on or within, addition or reconstruction begun after the designation of the Lower Red River Designated Flood Area as a designated flood area, even if that activity occurs in relation to a building, structure or erection to which subsection (1) had previously applied. M.R. 132/2011 Repeal 13 The Designated Flood Areas Regulation , Manitoba Regulation 266/90, is repealed. Coming into force 14 This regulation comes into force on the day The Water Resources Administration Amendment and Consequential Amendments Act , S.M. 1998, c. 18 comes into force. SCHEDULE A (subsection 8(2)) STRUCTURES WITH A BASEMENT OR CELLAR SCHEDULE B (subsection 8(3)) STRUCTURES WITH NO BASEMENT OR CELLAR SCHEDULE C (subsection 8(4)) ELEVATED STRUCTURE SCHEDULE D (subsections 2(1), 8(1) and 10(1)) DIKE CROSS-SECTION SCHEDULE E (subsection 9(2)) MACHINE SHED, WORK SHOP, GRANARY, STORAGE BUILDING (minimum elevations) SCHEDULE F (subsection 9(3)) DETACHED GARAGE (minimum elevations) SCHEDULE G (subsection 9(5)) LIVESTOCK BARN (minimum elevations) SCHEDULE H (Section 4 and subsection 10(2)) RED RIVER VALLEY DESIGNATED FLOOD AREA Application of this section 1(1) This section applies to land located within the Red River Valley Designated Flood Area. Flood protection level 1(2) The flood protection level for land located within the Red River Valley Designated Flood Area is the maximum static water level reached for land in that particular region of the Red River Valley Designated Flood Area during the 1997 flood plus a freeboard allowance to be determined by the minister. Floodproofing criteria for dykes that are roads 1(3) For the purpose of subsection 10(2) of this regulation, the minimum height for a dyke or a part of a dyke that is an improved municipal or provincial road is the maximum static water level reached for land in that particular region of the Red River Valley Designated Flood Area during the 1997 flood. LOWER RED RIVER DESIGNATED FLOOD AREA Application of this section 2(1) This section applies to land located within the Lower Red River Designated Flood Area. Definition 2(2) In this section, "lower Red River design flood profile" means the design flood profile for the lower Red River, Netley Creek and other tributaries prepared by the Department of Environment and Climate Change and identified as Plan No. 11-1-11064 filed at the head office of the Department of Environment and Climate Change in Winnipeg. Flood protection levels 2(3) The flood protection levels for land located within the Lower Red River Designated Flood Area are as follows: (a) for the following land, the flood protection level is 220.06 m (722 feet) above sea level: (i) all land within the designated flood area lying north of a straight line drawn between (A) the southwest corner of Section 28, Township 15, Range 4 E.P.M., and (B) the southeast corner of the southwest quarter of Section 28, Township 15, Range 6 E.P.M., (ii) Section 1, Township 15, Range 4 E.P.M., (iii) the north half of Section 2, Township 15, Range 4 E.P.M., (iv) the northeast quarter of Section 3, Township 15, Range 4 E.P.M., (v) the northeast quarter of Section 9, Township 15, Range 4 E.P.M., (vi) Section 10, Township 15, Range 4 E.P.M., except for the southwest quarter, (vii) Sections 11 to 14, Township 15, Range 4 E.P.M., (viii) Section 15, Township 15, Range 4 E.P.M., except for the northwest quarter, (ix) Section 22, Township 15, Range 4 E.P.M., except for the southwest quarter, (x) Sections 23 and 24, Township 15, Range 4 E.P.M., (xi) Section 36, Township 14, Range 4 E.P.M., (xii) Sections 18 and 19, Township 15, Range 5 E.P.M.; (b) for all other land, the flood protection level is the maximum design flood level, as determined by the minister, for land at that location based on the lower Red River design flood profile, plus a freeboard allowance to be determined by the minister. Floodproofing criteria for dykes that are roads 2(4) For the purpose of subsection 10(2) of this regulation, the minimum height for a dyke or a part of a dyke that is an improved municipal or provincial road is (a) for land referred to in clause (3)⁠(a), 220.06 m (722 feet) above sea level; and (b) for land referred to in clause (3)⁠(b), the maximum design flood level, as determined by the minister, for land at that location based on the lower Red River design flood profile. M.R. 132/2011 ; 115/2025