Bylaw for flood protection and drainage schemes and coastal protection works

We’re seeking your feedback on the initial draft of the Bylaw provisions before formal consultation begins.

Your input will help us understand the potential impacts on the community and address any issues early.

You’ll still have the opportunity to make a formal submission on the proposed Bylaw during consultation, which we plan to run in February/March 2026 under the Local Government Act 2002. This process will include hearings.

Our intention is to finalise the Bylaw by mid-2026.

A bylaw is a type of rule which controls what people can and cannot do, or when approval is first required from the Regional Council. It’s prepared under the Local Government Act (1974 and 2002), and consultation must be undertaken before it’s made. Once made, the Regional Council has clear powers for compliance and enforcement.

Bylaws exist to protect, promote and maintain public health and safety and are created in response to the needs and concerns of our community. They evolve and change over time. 

The Bylaw will apply to activities undertaken on or close to the Regional Council’s flood protection infrastructure (like stopbanks, floodgates and river berms), drains or coastal protection works.

The map below shows where these flood protection works are located, alongside the overlay of Post-Settlement Governance Entities (PSGE) boundaries.

There are two major flood protection schemes:

• Heretaunga Plains
• Upper Tukituki

There are also a number of smaller schemes across the region. You can also view this information in an online map here.

The Hawke’s Bay Independent Flood Review Report (2024) made a series of recommendations on flood protection works, including measures to ensure that flood management infrastructure and schemes are properly safeguarded against damage.

Some of the activities that could cause damage or make the flood protection system more vulnerable include:

• Earthworks, planting trees and building too close to stopbanks
• Unauthorised removal of trees that form part of ‘live edge protection’
• Construction and use of vehicle paths, stock crossings and other accessways on stopbanks
• Dumping waste where it may get hinder how the flood scheme is designed to work.

Under the proposed Bylaw, these activities are unlawful without prior approval from the Regional Council. Non-compliance may result in enforcement action.

We’ll consult on three related changes at the same time:

1. Fees and Charges for Bylaw Authority 
   We’re introducing a new charge for processing Bylaw Authorities. This fee will apply to anyone seeking approval for activities that could affect flood scheme, drainage, or coastal protection assets. It helps ensure that structural design and land use practices are carried out appropriately.
2. Plan Changes
   We’ll propose updates to Rule 71 of the Regional Resource Management Plan. and Rule 62 of the Regional Coastal Environment Plan to remove duplication with the Bylaw. Currently, resource consent is required for some activities that could impact flood scheme, drainage, or coastal protection assets. Where Bylaw Authority has already been granted, we believe requiring resource consent as well adds unnecessary cost.
   Download diagram.

It will be important to get the message out about the new bylaw. Here’s how we’ll share the message once the Bylaw is in place:

• We’ll communicate clearly with the community through a range of channels, including new signage at public access points within flood protection areas, showing what activities are allowed and what aren’t
• Our field staff will spread the word while out and about every day..
• Our website will be updated to include the new Bylaw and related guidance.
• There will be a Bylaw Authority approval process for some activities, where some conditions may be required before the activity can be undertaken; Council staff will be available to talk through the new approval process.
• Enforcement action may be taken where there are clear breaches of the bylaw.