Designated Floodway Fringe Area Regulation

Designated Floodway Fringe Area Regulation, M.R. 266/91 The City of Winnipeg Charter , S.M. 2002, c. 39 Regulation 266/91 Registered December 17, 1991 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application 3 Designated areas 4 Determination of flood protection level 5 Application to construct 6 Establishment of reference mark 7 Floodproofing criteria 8 Additional floodproofing criteria 9 Accessory structures 10 Exceptions 11 Private dykes 12 Protection by primary dykes 13 Criteria for primary dykes 14 Type of flood protection 15 Inspection 16 Notice of compliance 17 Building codes, bylaws, regulations and Acts applicable 18 Repeal 19 Coming into force Schedule A Structure with a Basement or Cellar B Structure with no Basement or Cellar C Elevated Structure D Dyke Cross-Section Definitions 1 In this regulation, "Act" means The City of Winnipeg Act ; («  Loi  ») "accessory structure" means a structure described in section 9; (« construction annexe ») "Dyking Commissioner" means The Dyking Commissioner appointed under The Dyking Authority Act ; (« commissaire des digues ») "flood protection level" means the flood protection level determined under section 4; (« niveau de protection contre les inondations ») "hazardous material" includes a flammable, explosive or toxic material and a buoyant heavy object; (« matériaux dangereux ») "minister" means the Minister of Natural Resources and Indigenous Futures; (« ministre ») "permit" means a permit issued under a by-law passed under subsection 472(1) of the Act; (« permis ») "structure" means a building, storage tank or drilled well, and includes an addition to any of those things, but does not include (a) an unenclosed playing field, ice rink or similar open-air structure used for a recreational purpose, (b) a building that is incidental or subordinate to an open-air structure used for a recreational purpose, including a change room and washroom, (c) playground equipment, (d) an unenclosed swimming pool, (e) a fence, (f) a storage shed or similar structure under 10 m 2 , or (g) an open-air building, including a cattle shed, used for an agricultural purpose. (« construction ») M.R. 115/2025 Application 2 This regulation applies in The City of Winnipeg to the designated floodway fringe area and to parcels of land in the designated floodway area that meet the criteria set out in section 494.3(3) of the Act. Designated areas 3 The designated floodway fringe area and designated floodway area are the floodway fringe and floodway areas identified on the Interim Flood Risk Maps, as designated on February 15, 1980, under the Canada-Manitoba Flood Damage Reduction Agreements, including any amendments thereto, filed at the head office of the Water Resources Branch of the Department of Natural Resources and Indigenous Futures in Winnipeg. M.R. 115/2025 Determination of flood protection level 4 The minister shall determine a flood protection level that is the maximum static water level that occurs during flooding conditions of a certain frequency, as determined by the minister, plus a specific minimum freeboard allowance. Application to construct 5 An application for a permit to construct a structure shall be made in a form prescribed by council and shall include such of the following information as the designated employee may require: (a) plans and specifications of the structure; (b) a plan drawn to scale showing the location of the proposed structure on its site; (c) a copy of the certificate of title respecting the site; (d) a plan of survey certified by a Professional Engineer or Manitoba Land Surveyor and referenced to Geodetic Survey of Canada datum showing (i) the existing and proposed ground elevations on the site where the structure is to be constructed, and (ii) the floor elevations of the structure; (e) such other information as the designated employee considers necessary for the purpose of considering the application. Establishment of reference mark 6(1) Where a permit holder makes a written request for the establishment of a reference mark, a designated employee shall, within 15 days after the receipt of the request, establish a reference mark at or near the site of the structure or proposed structure indicating the flood protection level applicable to the site and structure. 6(2) Upon the written request of a permit holder, a designated employee shall re-establish a reference mark established under subsection (1). Floodproofing criteria 7(1) Every structure, other than an accessory structure referred to in section 9, shall be constructed on a site raised by fill or supported by piles. 7(2) Where a structure 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 requirements illustrated in Schedule A; (b) the elevation of the main floor shall be at least 30 cm above the applicable flood protection level; and (c) the structure is situated on pervious soil, the design of the structure shall be certified by a Professional Engineer as capable of withstanding hydrostatic and uplift pressures by a static water level at the flood protection level. 7(3) Where a structure constructed on a site raised by fill has no basement or cellar, (a) the site shall be raised by fill in accordance with the requirements illustrated in Schedule B; (b) the elevation of the main floor shall be not less than the applicable flood protection level; and (c) the top of the fill shall be not more than 30 cm below the applicable flood protection level. 7(4) Where a structure is supported by piles, (a) the design of the foundation shall be certified by a Professional Engineer; (b) the structure shall be supported in accordance with the requirements illustrated in Schedule C or an equivalent support system; (c) the structure shall be so constructed as not to be buoyant when the surface of any flood waters is higher than the bottom of the horizontal members supporting the structure; and (d) the elevation of a floor containing finished or occupied space shall be at least 1.0 m above the applicable flood protection level. Additional floodproofing criteria 8 In addition to the floodproofing criteria set out in section 7, every structure, other than an accessory structure referred to in section 9, shall meet the following requirements: (a) all windows, exterior doors and other exterior openings, including openings between a house and an attached garage, shall be located above the applicable flood protection level; (b) the electrical service and panelboard shall be located above the main floor unless the existing service and panelboard located below the main floor within a structure existing before August 15, 1981 is being replaced or added to in the same location; (c) the potable water shut-off valve shall be located on the main floor with no take-off fittings on the service pipe side of the valve and shall have a dual check valve type backflow preventer to provide protection against possible contamination of the potable water supply; (d) if the structure has floor space below the applicable flood protection level, the drain between the structure and a septic or holding tank or a common sanitary sewer line shall have a backwater valve. Accessory structures 9(1) An accessory structure shall comply with the floodproofing criteria set out in this section. 9(2) Where an accessory structure is a livestock barn, granary, farm machinery shed, attached garage or other building used for the storage of agricultural produce, or a workshop or shed used for the storage of immovable equipment or material or hazardous material, (a) the floor elevation shall be not more than 30 cm below the applicable flood protection level; and (b) the elevation of the top of the fill shall be not more than 60 cm below the applicable flood protection level. 9(3) Where an accessory structure is a detached garage, (a) the floor elevation shall be not more than 1.5 m below the applicable flood protection level; (b) if constructed of wood, wood by-products or other material susceptible to water damage, the garage shall be supported by a foundation constructed of water resistant material, and the elevation of the top of the foundation shall be not more than 50 cm below the applicable flood protection level; and (c) any immovable equipment or material or hazardous material stored in the structure shall be stored 1.0 m above the floor level. 9(4) Where an accessory structure is a storage tank for fuel oil, gasoline or any other liquid or solid, the storage tank shall (a) be designed, and the installation certified, by a Professional Engineer; (b) be situated above the applicable flood protection level or buried underground; (c) be anchored so as to prevent flotation; and (d) have the vent and filler pipes extend above the applicable flood protection level. 9(5) Where an accessory structure is a drilled well, the well casing shall (a) extend upward at least to the applicable flood protection level; or (b) be sealed at the top. Exceptions 10(1) If a designated employee is reasonably satisfied that, because of the size of a building site, compliance with the requirements of Schedule A or B is impossible or impractical, the designated employee (a) may vary the berm width and side slope requirements of Schedule A or B; and (b) may require, as a condition of the variance, that retaining walls be constructed and maintained in accordance with the issued permit to ensure slope protection and prevent water run-off on to adjoining property. 10(2) If a designated employee is reasonably satisfied that compliance with the floodproofing criteria is impossible or impractical or would result in a structure that would significantly detract in appearance from neighbouring properties, the designated employee may vary the floodproofing criteria in respect of (a) a new structure to be constructed on one of a small number of remaining building sites, on the only remaining building site or on newly subdivided building sites in an area that is almost fully developed with buildings; (b) proposed work that constitutes reconstruction of, or an addition or accessory to, a lawfully existing building; or (c) the replacement of a structure that is destroyed by fire or other peril. 10(3) A designated employee may vary the floodproofing criteria after completion of a foundation by no more than 10 cm in the elevation of foundations, finished floors and fills and in the width of berms. Private dykes 11 No person shall construct a dyke for flood protection of an existing structure unless it is constructed in accordance with the requirements illustrated in Schedule D. Protection by primary dykes 12 A structure protected by a primary dyke or an extension of a primary dyke is deemed to comply with the floodproofing criteria. Criteria for primary dykes 13 A primary dyke and an extension of a primary dyke shall (a) be located entirely within the floodway fringe area; (b) be located, designed and constructed to the standard and elevation approved by the city administrator and The Dyking Commissioner but in no case shall the elevation be less than the flood protection level or the top width be less than 9.2 m at the flood protection level; (c) have adequate permanent works, as approved by the city administrator, for the removal of water as a result of internal drainage and seepage within the protected area; and (d) have measures, as approved by the city administrator, that are operable during flood conditions to close openings through the primary dyke. Type of flood protection 14 Where a new structure is proposed for construction, the city administrator and The Dyking Commissioner may determine whether the structure must conform with the floodproofing criteria or the criteria for primary dykes. Inspection 15 A designated employee may at any stage of, and after the completion of, the construction of a structure make an inspection to determine whether the structure complies with this regulation. Notice of compliance 16(1) Where a structure described in a permit is completed and inspected, a designated employee shall, upon a request of the owner, issue to the owner a written notice indicating whether the structure complies with this regulation. 16(2) Where a designated employee carries out an inspection under section 15 and determines that the structure does not comply with this regulation, the city may register in the Land Titles Office, in accordance with The Real Property Act , a notice to that effect against the land on which the structure is located. Building codes, by-laws, regulations and Acts applicable 17 The requirements under this regulation are in addition to requirements under any applicable building code, by-law, regulation or Act of the Legislature. Repeal 18 Manitoba Regulation 439/88 R is repealed. Coming into force 19 This regulation comes into force on proclamation of sections 494.3 and 494.4 of The City of Winnipeg Amendment Act , S.M. 1991-92, c. 15. SCHEDULE A STRUCTURE WITH A BASEMENT OR CELLAR SCHEDULE B STRUCTURE WITH NO BASEMENT OR CELLAR SCHEDULE C ELEVATED STRUCTURE SCHEDULE D DYKE CROSS-SECTION