Constructing and modifying levee banks

Levees play an important role in floodplain management. They also have the potential to impact neighbouring properties, the community and the catchment generally.

This is why construction or modification of levees is regulated by state planning laws. The level of assessment required depends on the potential impacts of the levee.

Before building a levee, consider whether other options are available. There may be alternatives such as changing the land use, relocating development to avoid the flood-prone area, raising building heights or making buildings flood resistant.

Which works need to be assessed?

The requirements cover any artificial embankment or structure that prevents or reduces the flow of overland flow water onto or from land, including levee-related infrastructure (e.g. channels, drains, outfalls and pipes). The requirements apply to construction of new levees and modifications of existing levees, including:

  • raising or lowering the height of the levee
  • extending the length of the levee
  • any other modification that influences the flow of water.

Exclusions

Requirements do not apply to the following:

  • prescribed farming activities (e.g. cultivating, laser levelling, contouring, clearing or replanting vegetation)
  • irrigation infrastructure that is not levee-related
  • fill used for gardens or landscaping (up to a certain volume)
  • structures regulated under other Acts, including roads, railways and water storages
  • coastal infrastructure, such as groynes, used to protect life or property from the threat of coastal hazards.

If you are not certain whether the structure you wish to build will be classed as a levee, check with your local council.

Levee categories

How a levee is assessed depends on its level of impact.

Levee category

Impacts

Assessment type

Assessor

Category 1

No off-property impact

Accepted development – with requirements

Applicant

Category 2

Off-property impact and affected population is less than 3

Assessable development – code

Local government

Category 3

Off-property impact and affected population is 3 or more

Assessable development – impact

Local government with Queensland Government as referral agency

Category 1 levees

A levee is a category 1 levee if it does not cause any impacts beyond the boundary of the property on which the levee is located. Off-property impacts are measured in terms of the changes to the flow path, flow velocity, flooded area or flood height.

Constructing a new levee or modifying an existing category 1 levee is considered accepted development under the Planning Act 2016 if the works comply with the accepted development requirements.

Notification requirements

You must notify your local council within 10 business days of completing any category 1 levee works as stated in the accepted development requirements.

Category 2 and 3 levees

If your proposed levee has off-property impacts, you will need to ensure:

  • any off-property impacts are minimised and acceptable
  • the levee is a safe and stable structure
  • community safety is ensured in the event a category 3 levee fails or overtops.

You will need to apply for a development approval, which will be assessed by your local council. You will generally need to conduct a hydraulic study and use a suitably qualified person to ensure your application is compliant.

For more information refer to:

Additional requirements for Category 3 levees

Applications for category 3 levees also need to meet the requirements of State code 19: Category 3 levees.

Application forms

Application forms are available from the Department of State Development, Infrastructure, Local Government and Planning. You will need to use DA Form 1 (Development Application).

More information

If you need more information, contact your local council, or email levees@rdmw.qld.gov.au.

Also consider...

  • Last reviewed: 2 Dec 2022
  • Last updated: 2 Dec 2022