Chapter 26 - General Rules a) The dam is on a catchment less than 20ha in area; b) The dam cannot impound more than 20,000m³of water; c) The dam is less than 3 metres high, measured from base to crest; d) The dam does not intersect the groundwater; e) The dam will not be built within 500 metres immediately upstream of a dwelling, public roading or building; f) Written consent from affected downstream users has been obtained; g) The dam does not reduce the flow below the structure to less than the mean annual low flow existing before the dam was constructed; and h) The dam must provide adequate fish passage in line with the Freshwater Fisheries Regulations (1983). 26.1.5.1.2 The holder of consent/ s for the dam shall be responsible for the maintenance of the dam. If the consent holder is not known the owner of the site on which the dam is located shall be responsible. 26.1.5.1.3 A legal description of the land, a location map, a grid reference and details of the dam and its construction must be supplied to the Council at least 10 working days prior to construction. 26.1. 5.1.4 Any records collected on the operation of a dam must be kept and made available to Council upon request. 26.1.5.2 Discretionary Activities Application must be made for a resource consent for a Discretionary Activity for the construction or alteration of any dam which cannot comply with the conditions for a Permitted Activity. 26.1.5.2.1 Assessment Criteria Any application for a Discretionary Activity shall generally comply with the conditions for Permitted Activities. In addition they shall be considered in terms of the following assessment criteria: a) The effects of the proposal on in-stream or riparian habitat; b) The effects of the proposal on fish passage; c) The effects of the proposal on cultural, amenity or recreational values; d) Measures taken to control and monitor the flow of water; e) Whether the dam is on-stream or off-stream; and f) The effects on bird nesting habitat. 26.1.5.3 Non-Complying Activities Application must be made for resource consent for a Non-Complying Activity for the following: The construction or alteration of any dam that extends more than half the width of the river, during normal river flows, in the sections of rivers specified below. - Opouri River (between O27 703 047 and O27 599 994 NZMS 260 Grid) - Tunakino River (between O27 657 061 and O27 622 992 NZMS 260 Grid) - Ronga River (between O27 613 073 and O27 599 994 NZMS 260 Grid) 26 - 7