New rules for stock grazing on flood banks under adopted bylaw

Environment Southland has adopted a new Flood Control and Drainage Management Bylaw, strengthening the rules that protect Murihiku Southland’s flood infrastructure network so that it functions when it’s needed most.

A number of changes and updates have been made to the new bylaw, one focused on clearer controls around grazing stock on flood banks and other flood control works between 1 June and 31 August.

Environment Southland Chair Jeremy McPhail said the winter grazing change reflects the increased risk of damage to flood banks during the wetter months —when protecting the integrity of flood defences matters most.

“Flood banks and floodways are part of our region’s essential flood infrastructure network. In winter, when the ground is softer, stock can cause pugging and track damage. This weakens these community assets over time. Requiring prior approval between June and August will help manage that risk while still working with landowners on practical solutions,” Chair McPhail said.

Previous bylaws have required people not to damage the integrity of flood control works, this updated bylaw is much more explicit. Grazing on flood banks during this period would still be possible, however prior approval would be required.

“This is about making sure flood protection works are in the best condition possible ahead of heavy rain events. Where grazing can be done without compromising a flood bank, we want to enable that in a way that’s clear and consistent,” he said.

Key points in the adopted bylaw include:

• winter stock grazing: requiring prior approval to graze stock on flood banks and other flood control works between June and August, when wetter conditions increase the likelihood of damage (such as pugging, tracking, and erosion) that can reduce a flood bank’s performance
• maintenance and emergencies: clarifying Environment Southland’s ability to carry out maintenance and emergency works on flood control assets without needing prior authority, so urgent repairs and safety work can happen quickly when required
• clearer mapping: retaining an appendix of maps that show where Council-owned flood control works and the floodways are located, so landowners and contractors can easily identify when and where the bylaw applies
• remediation and costs: providing clearer guidance on remediation and cost recovery where non-compliance causes damage, including expectations for restoring an asset and when the person responsible may be required to meet the costs
• decision timeframes: setting a service standard that most applications for authority will be decided within 20 working days, giving applicants clearer expectations for planning on‑site activities
• transparency: establishing a public register of authorities issued under the bylaw, with regular reporting to Council committees to support oversight of approved activities on flood control works
• planting, building, and storage restrictions: restricting the planting of trees and shrubs, construction of buildings or structures, and storage of materials within the floodway to prevent obstructions or damage that could compromise the flood control network

People who need approval (including for winter stock grazing) should contact Environment Southland to discuss their proposed activity and any conditions that may apply. An application form is available on the Environment Southland website – www.es.govt.nz/about-us/plans-and-strategies/bylaws/flood-control-management-bylaw

The bylaw was consulted on publicly from 12 January 2026 to late February 2026. Hearings were held on 26 March 2026 and 15 April 2026. Seventeen submissions were received, and 14 submitters spoke to the Hearing Panel. The Hearing Panel deliberated in public and made recommendations for Council to consider. The updated bylaw takes effect from Monday 11 May 2026.