AI Policy Making Day 25: Back in Business

Midjourney prompt: a robot playing in a sandpit with a toy bulldozer --ar 7:4

We now need to go get into the details of the rules and how they will work. For the 'Natural Environment' Chapter of our bootleg district plan, on the Topic of 'Land', to achieve the outcomes sought by Objective 1 "Encourage sustainable land use practices that minimize soil degradation and maintain soil health" you suggested that Rule 1 should be to "Regulate land disturbance activities to prevent soil erosion and minimize sediment runoff." What do you mean by 'land disturbance'?

"Land disturbance" generally refers to any activity that changes the existing topography or vegetation cover of a land area, which can potentially lead to soil erosion or sediment runoff. This can include a wide range of activities, such as:

1. **Construction activities**: This includes building construction, road construction, and other infrastructure development. These activities often involve the clearing of vegetation, excavation, grading, or filling, which can disrupt the soil and increase the risk of erosion.

2. **Agricultural activities**: Certain farming practices, such as plowing, overgrazing, or the use of heavy machinery, can disturb the soil and lead to erosion.

3. **Forestry activities**: This includes logging and other forms of tree removal, which can remove the vegetation cover that helps to stabilize the soil.

4. **Mining and quarrying**: These activities involve the extraction of minerals from the earth, which can significantly disturb the soil and increase the risk of erosion and sediment runoff.

5. **Landscaping**: Large-scale landscaping activities, such as the creation of ponds, hills, or other features, can also disturb the soil.

In the context of the rule you mentioned, regulating land disturbance activities would involve implementing measures to prevent or minimize soil erosion and sediment runoff during these activities. This could include requirements for erosion and sediment control plans, restrictions on certain practices, or the use of best management practices.

Would the all the activities you listed above be subject to the same requirements?

Not necessarily. The specific requirements may vary depending on the type and scale of the land disturbance activity, as well as the sensitivity of the site. For instance, a small-scale landscaping project in a residential area might have different requirements compared to a large-scale construction project or a mining operation.

Here are some examples of how requirements might differ:

1. **Construction activities**: Large-scale construction projects might be required to have a detailed erosion and sediment control plan in place before work begins. This could include measures such as silt fences, sediment basins, or revegetation plans. Smaller projects might have less stringent requirements but would still be expected to take reasonable steps to minimize soil erosion.

2. **Agricultural activities**: Requirements for agricultural activities might focus on sustainable farming practices, such as maintaining adequate ground cover, managing grazing intensity, or implementing contour plowing on sloped land.

3. **Forestry activities**: Forestry operations might be required to leave buffer strips of vegetation along waterways, limit the size of clear-cuts, or quickly reforest harvested areas to minimize soil exposure.

4. **Mining and quarrying**: These activities might be subject to strict requirements due to their potential for significant land disturbance. This could include comprehensive site rehabilitation plans to restore the area after the extraction is completed.

5. **Landscaping**: While small-scale landscaping activities might not be heavily regulated, large-scale landscaping or earthworks could require a permit and an erosion and sediment control plan, especially if they are near sensitive areas like waterways.

In all cases, the goal of the regulations would be to minimize soil erosion and sediment runoff, but the specific requirements would be tailored to the type and scale of the activity and the sensitivity of the site.

Looking at Construction Activities, what are appropriate thresholds for defining 'large-scale' and 'smaller' projects?

The definition of "large-scale" and "smaller" construction projects can vary depending on the specific context and regulations of a region. However, a common way to differentiate between them is based on the size of the land area being disturbed, the complexity of the project, and the potential impact on the environment. Here are some general guidelines:

1. **Large-scale construction projects**: These are typically projects that disturb a large land area or have significant environmental impacts. For example, a project might be considered large-scale if it disturbs more than one acre of land, involves the construction of multiple buildings or large structures, or is located in a sensitive area such as near a water body or in a floodplain.

2. **Smaller construction projects**: These are typically projects that disturb a smaller land area and have less potential for environmental impact. For example, a project might be considered smaller if it disturbs less than one acre of land, involves the construction of a single building or a minor addition to an existing building, and is not located in a sensitive area.

These are just general guidelines and the specific thresholds can vary. It's also important to note that even smaller projects can have significant environmental impacts if not properly managed, so appropriate erosion and sediment control measures are important for all construction activities.

So a 4000m2 cut-off (metric system) for disturbance. What would be an appropriate setback from waterbodies? Should slope of the land also be a consideration?

Yes, a 4000 square meter (or 1 acre) cutoff for disturbance is a common threshold used in many jurisdictions.

As for setbacks from water bodies, the appropriate distance can vary greatly depending on the specific characteristics of the water body, the surrounding land, and the type of activity. However, a common range for setbacks is between 10 to 30 meters (approximately 30 to 100 feet). This provides a buffer zone to help protect the water body from potential impacts such as sediment runoff, chemical contamination, and habitat disruption.

The slope of the land should definitely be a consideration as well. Steeper slopes are more prone to erosion and sediment runoff, so additional precautions or larger setbacks may be necessary. For instance, for land with a slope greater than a certain threshold (e.g., 15% or 20%), stricter regulations could be applied.

Again, these are general guidelines and the specific regulations should be based on a detailed understanding of the local environment and the potential impacts of different activities. It's also important to consider other factors such as the type of soil, vegetation, and local climate, as these can all influence the risk of soil erosion and the appropriate mitigation measures.

In relation to the activity classification hierarchy in the Resource Management Act 1992, should these thresholds be permitted activity development standards, or is there a point where a resource consent should be required to assess the suitability of the proposal?

The Resource Management Act 1992 (RMA) of New Zealand provides a hierarchy of activity classifications, from permitted activities (which can be carried out without a resource consent) to prohibited activities (which cannot be carried out under any circumstances). In between are controlled, restricted discretionary, discretionary, and non-complying activities, which require resource consent with varying degrees of discretion for the consent authority.

In the context of land disturbance activities, it would be reasonable to classify smaller projects that meet certain standards (e.g., below the 4000 square meter threshold, with appropriate setbacks from water bodies, and on land with a slope below a certain threshold) as permitted activities. This would allow these activities to proceed without the need for a resource consent, provided they comply with all the relevant standards.

For larger projects, or those on steeper slopes or closer to water bodies, a higher level of scrutiny may be necessary due to the increased potential for environmental impacts. These could be classified as controlled or restricted discretionary activities, requiring a resource consent but with the consent authority's discretion limited to certain matters specified in the district plan.

In cases where the potential for significant environmental harm is high (e.g., very large projects, or those in particularly sensitive or high-risk areas), the activities could be classified as discretionary or even non-complying. This would give the consent authority full discretion to consider any potential effects and impose appropriate conditions, or to decline the consent if the potential impacts are deemed unacceptable.

Again, these are general suggestions and the specific classifications should be determined based on a thorough understanding of the local context and the potential environmental impacts of different types of activities. It's also important to ensure that the regulations are clear and enforceable, and that they provide an appropriate balance between facilitating development and protecting the environment.

In light of the above, can you please draft an RMA regulatory regime suitable for inclusion in our Bootleg District Plan.

Certainly, here's a draft regulatory regime for land disturbance activities under the 'Natural Environment' Chapter, 'Land' Topic of your Bootleg District Plan:

**Permitted Activities**

1. Land disturbance activities are permitted if:

a. The total area of land to be disturbed is less than 4000 square meters.

b. The land disturbance activity is set back at least 10 meters from any water body.

c. The slope of the land to be disturbed is less than 15 degrees.

2. All permitted land disturbance activities must implement erosion and sediment control measures in accordance with the Best Practice Erosion and Sediment Control Guidelines.

**Controlled Activities**

1. Land disturbance activities that do not meet the permitted activity standards but involve less than 10,000 square meters of land disturbance are controlled activities.

2. The Council's control will be restricted to the following matters:

a. The design, location, and implementation of erosion and sediment control measures.

b. The timing and duration of the land disturbance activity to minimize environmental impacts.

c. The requirement for a site rehabilitation plan to restore the site after the land disturbance activity is completed.

**Restricted Discretionary Activities**

1. Land disturbance activities that involve 10,000 square meters or more of land disturbance, or that are located on land with a slope of 15 degrees or more, are restricted discretionary activities.

2. The Council will restrict its discretion to the matters for controlled activities, and the following additional matters:

a. The potential effects on soil health and water quality.

b. The potential effects on nearby properties and infrastructure.

c. The suitability of the proposed land use following the land disturbance activity.

**Discretionary Activities**

1. Land disturbance activities that are set back less than 10 meters from any water body are discretionary activities.

**Non-Complying Activities**

1. Land disturbance activities that involve more than 50,000 square meters of land disturbance, or that are located on land with a slope of 25 degrees or more, are non-complying activities.

**Prohibited Activities**

1. Land disturbance activities within any identified Significant Natural Area are prohibited activities.

Please note that this is a draft and may need to be adjusted based on local conditions, community input, and legal review. It's also important to provide clear definitions of key terms (e.g., "land disturbance activity", "water body", "Significant Natural Area") in the Plan.

Can you now please provide a summary evaluation of this regulatory regime against s32 of the RMA.

Under Section 32 of the Resource Management Act (RMA), any proposed objectives, policies, and rules in a district plan must undergo an evaluation to assess the extent to which each objective is the most appropriate way to achieve the purpose of the RMA. The policies and rules must also be assessed for their efficiency and effectiveness in achieving the objectives, and whether they are the most appropriate means of implementation, considering the benefits and costs of the proposed policies and rules, and the risk of acting or not acting if there is uncertain or insufficient information.

Here's a summary evaluation of the proposed regulatory regime for land disturbance activities:

**Objectives**

The objective of encouraging sustainable land use practices that minimize soil degradation and maintain soil health is directly aligned with the purpose of the RMA, which includes promoting the sustainable management of natural and physical resources. This objective addresses the potential adverse effects of land disturbance activities on soil health and water quality, and is therefore considered the most appropriate way to achieve the purpose of the RMA in this context.

**Policies and Rules**

The proposed policies and rules are designed to regulate land disturbance activities based on their scale, location, and potential environmental impact. They provide a clear and graduated regulatory pathway from permitted activities through to non-complying activities, with increasing levels of control and scrutiny. This approach is considered efficient as it allows for lower-risk activities to proceed with minimal regulatory burden, while ensuring that higher-risk activities are subject to more rigorous assessment and control.

The benefits of the proposed policies and rules include improved soil health, water quality, and environmental outcomes; clear and predictable rules for landowners and developers; and the ability to manage and mitigate the potential adverse effects of land disturbance activities. The costs include potential constraints on land use and development, compliance costs for landowners and developers, and administrative costs for the Council in implementing and enforcing the rules.

Given the significant potential adverse effects of unregulated land disturbance activities on soil health, water quality, and the environment, the risk of not acting is considered high. While there may be some uncertainty or lack of information about the specific impacts of individual land disturbance activities, the general effects of such activities on soil and water are well understood. Therefore, the proposed policies and rules are considered the most appropriate means of achieving the objective, considering the benefits and costs and the risk of acting or not acting.

This evaluation should be considered a preliminary assessment, and a more detailed Section 32 evaluation would be required to fully assess the proposed regulatory regime. This would likely involve further analysis of the benefits and costs, consultation with stakeholders, and consideration of alternative means of implementation.

Moving on then, for the 'Natural Environment' Chapter of our bootleg district plan, on the Topic of 'Land', to achieve the outcomes sought by Objective 1 "Encourage sustainable land use practices that minimize soil degradation and maintain soil health" you suggested that Rule 2 should be to "Require soil conservation measures, such as contour plowing, terracing, or the use of erosion control methods, in areas prone to erosion." This was a suggested measure to manage the effects of agricultural and horticultural activities?

Yes, that's correct. Agricultural and horticultural activities, such as plowing, planting, and harvesting, can disturb the soil and make it more susceptible to erosion, especially in areas with steep slopes or where the soil is exposed for extended periods. This can result in the loss of topsoil, degradation of soil health, and sediment runoff into waterways, which can harm aquatic ecosystems.

Requiring soil conservation measures as part of these activities can help to mitigate these effects. For example:

- Contour plowing involves plowing along the contours of the land, rather than up and down slopes, which can help to slow the flow of water and reduce soil erosion.

- Terracing involves creating flat platforms in steep terrain, which can reduce the speed of water runoff and help to prevent soil erosion.

- Other erosion control methods could include the use of cover crops, mulching, or erosion control blankets to protect the soil, or the construction of silt fences or sediment ponds to capture and filter runoff.

These measures can be particularly important in areas prone to erosion, such as steep slopes, areas with erodible soils, or areas subject to high rainfall or wind. However, they can also be beneficial in other areas to maintain soil health and prevent degradation.

The specific measures required would depend on the nature of the activity and the characteristics of the site, and could be determined through a soil management plan or similar requirement.

And you suggested three further rules that mostly seem to apply to those activities as well: "- Rule 3: Promote sustainable farming practices, including the use of cover crops, crop rotation, and reduced tillage, to enhance soil health and fertility. - Rule 4: Implement measures to prevent soil contamination from agricultural chemicals, fertilizers, or other potentially harmful substances. - Rule 5: Require soil testing and monitoring to assess soil health and nutrient levels and promote appropriate land management practices. "

Yes, that's correct. These rules are designed to further support the objective of encouraging sustainable land use practices that minimize soil degradation and maintain soil health, particularly in the context of agricultural and horticultural activities. Here's a brief explanation of each rule:

- Rule 3: Sustainable farming practices such as the use of cover crops, crop rotation, and reduced tillage can help to enhance soil health and fertility. Cover crops can help to protect the soil from erosion, improve soil structure, and increase organic matter. Crop rotation can help to break disease cycles, improve soil fertility, and enhance crop health. Reduced tillage can help to maintain soil structure, reduce erosion, and increase organic matter.

- Rule 4: Agricultural chemicals, fertilizers, and other potentially harmful substances can contaminate the soil and harm soil health, as well as potentially leaching into waterways and causing water pollution. Measures to prevent soil contamination could include safe storage and handling of these substances, appropriate application rates and methods, and the use of alternative, less harmful substances where possible.

- Rule 5: Soil testing and monitoring can provide valuable information about soil health and nutrient levels, which can inform land management practices. For example, if testing shows that the soil is deficient in certain nutrients, these can be added through fertilization. If the soil is high in certain nutrients, this could indicate over-fertilization, and the application rate could be reduced. Regular soil testing and monitoring can help to ensure that land management practices are appropriate and sustainable, and that soil health is maintained over time.

In light of the above, can you please draft an RMA regulatory regime suitable for inclusion in our Bootleg District Plan.

Based on the objectives and policies you've provided, here's a draft of the regulatory regime for the 'Natural Environment' Chapter, Topic of 'Land', specifically focusing on sustainable land use practices in agricultural and horticultural activities:

**Rule 2: Soil Conservation Measures in Areas Prone to Erosion**

1. For any agricultural or horticultural activity that involves soil disturbance, soil conservation measures such as contour plowing, terracing, or the use of erosion control methods must be implemented in areas identified as prone to erosion.

**Rule 3: Sustainable Farming Practices**

1. All agricultural and horticultural activities must incorporate sustainable farming practices, including the use of cover crops, crop rotation, and reduced tillage, to enhance soil health and fertility.

**Rule 4: Prevention of Soil Contamination**

1. The use of agricultural chemicals and fertilizers must be managed to prevent soil contamination. This includes proper storage, handling, and application of these substances in accordance with best practice guidelines.

**Rule 5: Soil Testing and Monitoring**

1. Regular soil testing and monitoring are required for all agricultural and horticultural activities to assess soil health and nutrient levels. The results of these tests should be used to inform appropriate land management practices.

**Permitted Activity Standards**

1. All agricultural and horticultural activities that comply with the above rules are permitted activities.

**Controlled Activity Standards**

1. Any agricultural or horticultural activity that cannot fully comply with the above rules but can demonstrate that it will not result in significant adverse effects on soil health or the environment may be considered a controlled activity, subject to resource consent. The consent authority will assess the proposed measures to mitigate potential adverse effects and may impose conditions relating to soil conservation, sustainable farming practices, prevention of soil contamination, and soil testing and monitoring.

**Discretionary Activity Standards**

1. Any agricultural or horticultural activity that cannot fully comply with the above rules and is likely to result in significant adverse effects on soil health or the environment is a discretionary activity. The consent authority will consider the scale and significance of potential adverse effects, the proposed mitigation measures, and any other relevant matters in deciding whether to grant resource consent and what conditions to impose.

Please note that this is a draft and may need to be adjusted based on local conditions, community input, and legal advice.

Thanks. For the 'Natural Environment' Chapter of our bootleg district plan, on the Topic of 'Land', to achieve the outcomes sought by Objective 2 "Protect and enhance natural habitats and ecosystems" you suggested that Rule 1 should be to "Regulate land development and activities that may have a significant adverse impact on natural habitats or ecosystems." What land development and activity types are you meaning? Natural habitats or ecosystems could include everything. Appropriate thresholds would be required I expect?

Yes, you're correct. The term "land development and activities" is quite broad and could encompass a wide range of actions that might impact natural habitats or ecosystems. Here are some examples of the types of activities that might be regulated under this rule:

1. **Land Clearing and Deforestation**: This includes the removal of native vegetation or significant trees, which can lead to habitat loss and fragmentation, soil erosion, and changes in local climate conditions.

2. **Construction Activities**: This includes the construction of buildings, roads, and other infrastructure, which can lead to habitat destruction, soil compaction, and pollution from construction waste or runoff.

3. **Agricultural Activities**: This includes activities such as plowing, planting, irrigation, and the use of pesticides and fertilizers, which can lead to habitat loss, soil degradation, and water pollution.

4. **Mining and Extraction Activities**: This includes activities such as quarrying, drilling, and the extraction of minerals or other resources, which can lead to habitat destruction, soil erosion, and pollution.

5. **Waste Disposal**: This includes the disposal of solid waste or the discharge of wastewater, which can lead to soil contamination, water pollution, and harm to local wildlife.

In terms of thresholds, these could be based on the scale of the activity (e.g., the area of land affected), the sensitivity of the habitat or ecosystem (e.g., whether it is a protected area or home to threatened species), or the potential impact of the activity (e.g., the amount of vegetation removed or waste discharged). The specific thresholds would need to be determined based on local conditions, scientific research, and community input.

Can you give me some examples of thresholds based on activity scale and sensitivity in various contexts, such as urban / rural / coastal / other.

Sure, here are some examples of how thresholds might be set based on activity scale and sensitivity in different contexts:

**Urban Context**

- **Activity Scale**: In an urban context, a threshold might be set based on the size of the development project. For example, projects that disturb more than a certain area (e.g., 500 square meters) might require a resource consent. Smaller projects might be permitted as long as they comply with certain standards (e.g., maintaining a buffer zone around existing trees).

- **Sensitivity**: In areas with significant ecological value (e.g., parks, wetlands, or other natural habitats within the urban area), stricter thresholds might be applied. For example, any development activity within a certain distance of these areas (e.g., 100 meters) might require a resource consent, regardless of the size of the project.

**Rural Context**

- **Activity Scale**: In a rural context, a threshold might be set based on the type and scale of the agricultural activity. For example, plowing or planting crops might be permitted on existing agricultural land, but clearing native vegetation or converting natural habitats to agricultural use might require a resource consent.

- **Sensitivity**: In areas with high ecological sensitivity (e.g., native forests, wetlands, or habitats of threatened species), stricter thresholds might be applied. For example, any agricultural activity within these areas might require a resource consent, and certain activities (e.g., use of certain pesticides or fertilizers) might be prohibited.

**Coastal Context**

- **Activity Scale**: In a coastal context, a threshold might be set based on the proximity to the shoreline. For example, any development activity within a certain distance of the shoreline (e.g., 50 meters) might require a resource consent.

- **Sensitivity**: In areas with high ecological sensitivity (e.g., dunes, mangroves, or coral reefs), stricter thresholds might be applied. For example, any development activity within these areas might require a resource consent, and certain activities (e.g., dredging or dumping of waste) might be prohibited.

These are just examples and the specific thresholds would need to be determined based on local conditions, scientific research, and community input.

In light of the above, can you please draft an RMA regulatory regime suitable for inclusion in our Bootleg District Plan. These can be split into urban, rural, coastal, or other contexts as you determine to be appropriate.

Based on the objectives and the discussion, here is a draft of the regulatory regime for the 'Natural Environment' Chapter, Topic of 'Land', Objective 2 "Protect and enhance natural habitats and ecosystems" in our Bootleg District Plan:

**Urban Context**

1. **Permitted Activity**: Land development and activities that disturb less than 500 square meters of land and are located more than 100 meters away from identified sensitive natural habitats or ecosystems.

2. **Controlled Activity**: Land development and activities that disturb between 500 and 1000 square meters of land or are located between 50 and 100 meters away from identified sensitive natural habitats or ecosystems. Control is reserved over measures to avoid, remedy, or mitigate effects on natural habitats and ecosystems.

3. **Discretionary Activity**: Land development and activities that disturb more than 1000 square meters of land or are located less than 50 meters away from identified sensitive natural habitats or ecosystems.

**Rural Context**

1. **Permitted Activity**: Land development and activities that disturb less than 1 hectare of land and are located more than 200 meters away from identified sensitive natural habitats or ecosystems.

2. **Controlled Activity**: Land development and activities that disturb between 1 and 2 hectares of land or are located between 100 and 200 meters away from identified sensitive natural habitats or ecosystems. Control is reserved over measures to avoid, remedy, or mitigate effects on natural habitats and ecosystems.

3. **Discretionary Activity**: Land development and activities that disturb more than 2 hectares of land or are located less than 100 meters away from identified sensitive natural habitats or ecosystems.

**Coastal Context**

1. **Permitted Activity**: Land development and activities that disturb less than 500 square meters of land and are located more than 100 meters away from the coastal marine area.

2. **Controlled Activity**: Land development and activities that disturb between 500 and 1000 square meters of land or are located between 50 and 100 meters away from the coastal marine area. Control is reserved over measures to avoid, remedy, or mitigate effects on natural habitats and ecosystems.

3. **Discretionary Activity**: Land development and activities that disturb more than 1000 square meters of land or are located less than 50 meters away from the coastal marine area.

In all contexts, any activity that does not meet the standards of a permitted or controlled activity is considered discretionary. All discretionary activities require a resource consent, and the council has the discretion to grant or decline the consent and to impose conditions on any granted consent.

Please note that these are draft rules and may need to be adjusted based on the specific characteristics and needs of your district. They should also be supplemented with other rules and provisions that address other potential impacts of land development and activities, such as effects on landscape, amenity, cultural values, and public access.