This paper will be fresh and crisp, landing at the General Store just hours before what I predict to be to be the first real political battle of 2015. On Thursday evening will be a public hearing on our municipal land-use bylaw and how it regulates dock construction, with a particular focus on the shoreline of Cape Roger Curtis.
If you are new to Bowen or have not been following the details of this bylaw ammendment, there’s plenty of information to bring you up to speed in the 343 page agenda package for the meeting.
The purpose of the bylaw ammendment is to make it illegal to build docks or moorage facilities on certain stretches of Bowen’s shoreline that are deemed geographically or environmental inappropriate for this kind of construction. The shoreline at Cape Roger Curtis is the first to be identified as such. A survey of Bowen’s entire shoreline, as conducted by the Parks and Greenways Committee, will identify other stretches.
You will also find an ever-growing list of letters submitted by Bowen Islanders to Council concerning the issue. Here are a two, sent by the authors not only to Mayor and Council, but also to The Undercurrent.
Sent by Murray Atherton:
I, personally, would like to express my concern over the decision of Council to proceed with the program initiated by the Stop The Docks consortia.
The municipality operates on a shoestring budget with so many priorities that will benefit the overall population of the island, I would hate to see these minimal resources eaten up with unnecessary law suits and subsequent outlandish legal fees.
I am also fearful that your quest to stop the docks at The Cape on Bowen, if successful, can set a precedence for the entire island’s waterfront and negate the full use and enjoyment of those waterfront property owners. A subsequent council, if your proposed motions are put into operational by-laws, could force every landowner who proposes moorage to have their request denied. Worst-case scenario is for those who presently have dock moorage affixed to their property be forced sometime in the future to remove an amenity they have enjoyed for many years.
I implore you to stop these proceedings and free the valuable staff time to concentrate on programs and infrastructure that will benefit the entire Bowen population and not to just please the very vocal minority who’s “last loudest voice” seems to get heard.
Sent by Gordon Reid:
I am writing to encourage you to adopt all necessary changes to the local government OCP, Land Use Contracts, bylaws, and building permit procedures, (and to officially state your position to any other level of government), that would promote the prevention of the construction of private docks on the foreshore. I am also writing to support the passing of the proposed Bylaw 381, 2015 (Cape Roger Curtis Dock Bylaw).
This type of restrictive foreshore policy has been adopted by the District of West Vancouver and has been enforced since the early 1980’s. A decision was made in West Vancouver to treat the foreshore as a treasured public asset that should be kept in a “natural and pristine condition” similar to a park and nature reserve. The program has been a success and accepted by the residents there. The high quality of West Vancouver is due, in part, to this policy as is borne out by the high quality of life as well as the high property values there. This I know to be true as I was the Land and Property Agent for the District of West Vancouver from 2007 to 2014 who’s duty, in part, was to review the foreshore policy, coordinate with other relevant levels of government and enforce the removal of encroachments on the foreshore which included docks or any other construction.
The result of adopting a policy of no docks, or other foreshore encroachments such as patios, decks, ramps etc. allows for a pristine natural shoreline that can be enjoyed by all, not just those who are fortunate enough to afford to purchase the waterfront property that lies, adjacent to, and above the high water mark.
There is a misconception among some people who believe that the property lying below the high water mark is able to be used by the owners of the adjacent upland parcel of land as though they were the de-facto owners. The ownership of all “land under water” below the high water mark is held by the Province. The control of land use from the high water mark to a line parallel to the shore and 1000’ from shore lies with the municipality. The Province will only issue a license of occupation for a dock if the municipality has no objection and even if a license of occupation is issued by the Province the municipal building permit must still be granted by the municipality.
I believe that these facts were misrepresented to the public by some members of the former council. This is one of the many reasons that the past council was voted out.
I am encouraged to see that you are attempting to correct the mistakes of the past council in this regard.
I fully support your efforts with the introduction and passing of the proposed Bylaw No. 381, 2015 (Cape Roger Curtis Dock Bylaw) to prohibit docks from being constructed at the lands known as Cape Roger Curtis. I also encourage you to enact bylaws to prohibit the construction of other structures on the foreshore (decks, patios, ramps, sheds, boathouses, boat railways, etc.) on the Cape Roger Curtis foreshore and all other locations on Bowen Island.
The first public hearing on docks (in November 2013) saw the municipal council chambers overflowing with passionate islanders, outraged because proposed ammendments to the Land Use Bylaw did not go far enough to protect public access to shorelines. While I have no doubt the amount of passion and political fervour at this public meeting will be equal to the last, the story will be very different this time around. For those of you who are not planning to attend but still keen on understanding how our island’s shoreline is likely to be developed in future... I’ll do my best to explain the situation as it unfolds every step of the way.
