FAQs

Environment Southland is proposing change to the existing bylaw. Much of the previous bylaw is retained, however the most significant addition is the restriction on grazing on the flood banks during winter. This bylaw generally aligns with others throughout New Zealand.  

Flood banks are aging assets under increasing pressure from:

• More frequent and intense rainfall events
• Changing land use practices
• Climate-driven flood risks

The bylaw provides a clear, consistent framework to protect flood infrastructure while still allowing reasonable land use where risks can be managed.

Grazing restrictions will apply during winter - from 1 June to 31 August. This is because:

• Ground conditions can be soft and highly variable
• Stock can cause pugging, compaction, and erosion of flood banks
• Damage during winter can significantly weaken flood bank performance during flood events

Limiting grazing during this period helps:

• Maintain healthy grass cover
• Reduce erosion and structural damage
• Protect the long-term resilience of flood banks

Approved grazing may still occur where conditions allow and risks are appropriately managed. 

Grazing flood banks outside the designated time may be unsuitable due to weather, and should be assessed by experienced landowners or managers. The bylaw prohibits damage to flood banks at all times, so informed decision-making is required as conditions change.

The 7.5 metre buffer is necessary to:

• Provide safe access for maintenance machinery and personnel
• Enable inspections, emergency works, and rapid response during flood events
• Protect the structural integrity of flood banks by preventing root intrusion, burrowing, or instability
• Avoid vegetation that could obstruct flows or create debris during high-water events

The bylaw restricts planting of trees and large shrubs within 7.5 metres of flood banks unless prior approval is granted.

Within this buffer:

• Grasses and low-growing vegetation are generally permitted
• Trees, woody shrubs, or shelterbelts are restricted due to roots and access risks

Beyond the buffer, planting can generally proceed as normal, subject to other relevant rules or land management considerations.

You can make a submission between 12 January and 16 February 2026:

• Online: www.haveyoursay.es.govt.nz
• Email: consultation@es.govt.nz
• Post: Environment Southland, Private Bag 90116, Invercargill 9840
• In person: 220 North Road, Invercargill

Yes. If you wish to speak at a hearing, please indicate this in your submission. You’ll be contacted with details once the hearing date is confirmed.

Submissions will be reviewed by Council. If required, a hearing will be held. Council will then deliberate and adopt the final bylaw, expected in the first quarter of 2026.

Yes, the bylaw will allow for case-by-case authorities to be considered where grazing can occur without compromising flood bank integrity.

Applications will be assessed based on factors such as:

• Ground conditions at the time
• Stock type and intensity
• Duration of grazing
• Flood bank condition and recent maintenance history
• Long term weather forecast

Where risks can be adequately managed, an authority may be granted with conditions, such as stock numbers, timing, or temporary exclusion during wet periods.

In certain circumstances this may be possible.

While the bylaw establishes default planting setbacks, applications for approval can be made for planting closer than the standard distance where it can be demonstrated that the planting:

• Will not undermine the flood bank structure or drain functionality
• Will not restrict access for maintenance or inspections
• Uses appropriate species with non-invasive root systems

Each proposal will be assessed on its merits, and approvals may include conditions around species selection, spacing, or ongoing maintenance responsibilities.

Applications can be made directly to Environment Southland. Staff will:

• Discuss your proposal with you 
• Help identify practical options
• Aim for timely, clear decisions

Early engagement is strongly encouraged, particularly for planting or grazing proposals. Application forms are available online.