Lakeshore Property with illegal fences & walls on beach

[pentona]

why don't those who own lakefront properties go thru the "proper" channels when putting up a fence on public property ???

This is the key point in this whole thread (that some folks..not you....keep trying to steer away from; they don't want to talk about it), that if its public property down past the high water mark, then the public should have unimpeded access to it.

A legal wharf may be able to be blocked off to the public, legally (ie: with a gate on the end) but there must be a way to cross over it, if the land that its built upon is publicly owned. Why is this such a hard concept for some to understand?

[Fancy]

This is the key point in this whole thread (that some folks..not you....keep trying to steer away from; they don't want to talk about it), that if its public property down past the high water mark, then the public should have unimpeded access to it.

A legal wharf may be able to be blocked off to the public, legally (ie: with a gate on the end) but there must be a way to cross over it, if the land that its built upon is publicly owned. Why is this such a hard concept for some to understand?

Name one poster who finds it a hard concept to understand.

Incidentally, this isn't the first thread about this subject:
http://forums.castanet.net/viewtopic.php?f=23&t=12080
viewtopic.php?f=31&t=12544

[gman313]

Here is the news release from the Provincial Government on replacing docks

https://news.gov.bc.ca/releases/2017FLN ... =HootSuite

[erinmore3775]

https://news.gov.bc.ca/releases/2017FLNR0132-001267?WT.cg_n=HootSuite
From the above document:
Private moorage tenures require the tenure holder to maintain public access across Crown-owned foreshore. Crown foreshore is located below the line where private land ends and Crown land begins, and typically encompasses the beach and near shore waters. The boundary between private and Crown land is the normal high-water mark. Fences on Crown land foreshore are prohibited. Docks that do not maintain public access are subject to trespass action and removal under the Land Act.


It is hoped that the City will seek to become an agent for the provincial government during this period of rebuilding of docks and structures by upland owners within the boundaries of Kelowna. As I indicated on page 52 of this forum...

The solution is relatively simple and it has been used in other jurisdictions. Upland property owners may fence or hedge their property along their property lines and along the surveyed setback from the high water mark. There may be an access point (gate) to the right of way for the permitted dock. The dock is clearly marked with signage that indicates that it is a private structure and that access is granted with permission only. Often the initial 3m of the dock is secured with a gated fence.

It is high time that the foreshore was returned to the citizens of the province and that all illegal private hindrances to public access should be removed. It would be relatively simple and cost effective for upland owners to secure their privacy with fences or hedges, above the high water mark. It would also be simple for them also to secure their permitted docks with simple gates and fences located upon those structures. Laziness and arrogance have lead to the current situation. It is time to end it.

[gman313]

https://news.gov.bc.ca/releases/2017FLNR0132-001267?WT.cg_n=HootSuite
From the above document:
Private moorage tenures require the tenure holder to maintain public access across Crown-owned foreshore. Crown foreshore is located below the line where private land ends and Crown land begins, and typically encompasses the beach and near shore waters. The boundary between private and Crown land is the normal high-water mark. Fences on Crown land foreshore are prohibited. Docks that do not maintain public access are subject to trespass action and removal under the Land Act.


It is hoped that the City will seek to become an agent for the provincial government during this period of rebuilding of docks and structures by upland owners within the boundaries of Kelowna. As I indicated on page 52 of this forum...

The solution is relatively simple and it has been used in other jurisdictions. Upland property owners may fence or hedge their property along their property lines and along the surveyed setback from the high water mark. There may be an access point (gate) to the right of way for the permitted dock. The dock is clearly marked with signage that indicates that it is a private structure and that access is granted with permission only. Often the initial 3m of the dock is secured with a gated fence.

It is high time that the foreshore was returned to the citizens of the province and that all illegal private hindrances to public access should be removed. It would be relatively simple and cost effective for upland owners to secure their privacy with fences or hedges, above the high water mark. It would also be simple for them also to secure their permitted docks with simple gates and fences located upon those structures. Laziness and arrogance have lead to the current situation. It is time to end it.

what my link wasn't good enough

:(

[Piecemaker]

You link was so good gman, it was worth repeating.

With or without fences or docks blocking parts of the shore, the lake shore is not one lovely, sandy beach that can be walked/wheeled from City Park to the end of Lakeshore.

[Jflem1983]

https://www.castanet.net/news/Kelowna/2 ... -200-docks

[gman313]

You link was so good gman, it was worth repeating.

With or without fences or docks blocking parts of the shore, the lake shore is not one lovely, sandy beach that can be walked/wheeled from City Park to the end of Lakeshore.

all good guys I try throwing a little humour into everything (keyword try). Was a little slow that time at work.

:)

[Anonymous123]

https://news.gov.bc.ca/releases/2017FLNR0132-001267?WT.cg_n=HootSuite
From the above document:
Private moorage tenures require the tenure holder to maintain public access across Crown-owned foreshore. Crown foreshore is located below the line where private land ends and Crown land begins, and typically encompasses the beach and near shore waters. The boundary between private and Crown land is the normal high-water mark. Fences on Crown land foreshore are prohibited. Docks that do not maintain public access are subject to trespass action and removal under the Land Act.


It is hoped that the City will seek to become an agent for the provincial government during this period of rebuilding of docks and structures by upland owners within the boundaries of Kelowna. As I indicated on page 52 of this forum...

The solution is relatively simple and it has been used in other jurisdictions. Upland property owners may fence or hedge their property along their property lines and along the surveyed setback from the high water mark. There may be an access point (gate) to the right of way for the permitted dock. The dock is clearly marked with signage that indicates that it is a private structure and that access is granted with permission only. Often the initial 3m of the dock is secured with a gated fence.

It is high time that the foreshore was returned to the citizens of the province and that all illegal private hindrances to public access should be removed. It would be relatively simple and cost effective for upland owners to secure their privacy with fences or hedges, above the high water mark. It would also be simple for them also to secure their permitted docks with simple gates and fences located upon those structures. Laziness and arrogance have lead to the current situation. It is time to end it.

Fence and gate the dock just like the yacht club does.

[GordonH]

^^^ anyone selling Razor Barbed Wire in the area could be happy with sells. lol

[maryjane48]

Off topic. i can hardly wait to go walk along the public shore .


good to see govt regs fall onto side of the public . . about time we got our public land back

[Fancy]

Government regulations haven't changed.

[pentona]

Off topic. i can hardly wait to go walk along the public shore .


good to see govt regs fall onto side of the public . . about time we got our public land back

Looking more and more that we might get most of our public access back. At least everyone will have to be legal. OMG...the horrors of it all.

https://www.castanet.net/news/Kelowna/2 ... -200-docks

[Fancy]

I'll be interested once the dust settles how many that complained about not having access will actually make use of it and help maintain it.

[LANDM]

Off topic. i can hardly wait to go walk along the public shore .


good to see govt regs fall onto side of the public . . about time we got our public land back

You will be waiting a while still.....unless you go to a public park.