The County of Barrhead is hoping more understanding will help the municipality alleviate some of the issues it is having regarding some Thunder Lake residents misusing its public municipal reserve lands.
That is why the county scheduled an Aug. 29 public open house at the Lightning Bay Community Centre.
Municipal public reserve land is a 30-metre strip of land surrounding the lake which purpose is to provide a buffer between residential property and sensitive ecological areas.
The reason why the municipality decided to call for the open house is because of the increasing number of questions and complaints they are receiving regarding the misuse of the public land.
In May, county administration staff along with a community peace officer toured the public reserve along the lake and took more than 400 pictures of residents who violated of its Public Reserves Bylaw (50-85).
County manager Debbie Oyarzun noted the violations ranged from the relatively minor infractions of people storing easily moved items to more flagrant abuses such as erecting permanent structures, fencing to syphoning water out of the lake.
“The goal of these public engagement sessions is to educate and inform, to create a common understanding to alleviate disputes and work towards compliance, increase the municipality as the authority of reserve lands and obtain public feedback so we can work towards a balance of private and public usage,” she said.
County development officer Jenny Bruns noted part of the confusion over who has authority over the public reserves is that in addition to the county’s public reserves bylaw the general lake area is governed by multiple jurisdictions, provincial (bed and shore), federal (the waterway) as well as municipality, saying sometimes the regulations are closely related.
She added the actual size the municipal reserves vary, noting it is slightly more than 30 feet in places but goes down to only a few feet in others.
“It also goes between lots, providing a buffer and park space, although we might not always treat it as such and have it perfectly manicured,” Bruns said, adding the land for municipal public reserves is taken from developers as part of the condition of approving the subdivision.
In addition to providing an environmental barrier from residential properties, Bruns said.
“We use it to separate boundaries, sometimes to separate the provincially-owned bed and shore from privately owned lots, between private lots, or to maintain an aesthetic character by having greenery around the lake.”
Commonly held myths
Bruns then took some time to debunk some common misconceptions county staff have heard, starting with their lots go right down to the bed and shore.
That isn’t the case, at least not at Thunder Lake.
If a municipal reserve doesn’t separate your property from the lakes such as some cases in Lac La Nonne, the property line usually is marked by the high watermark, she said.
The municipal public reserve is an extension of my property.
“No, it is not. It is a separate title (in the County of Barrhead’s name), and is surveyed just like any lot,” Burns said.
Oyarzun interjected the municipal public reserve land, just like any other titled land is private property.
“Technically if you go across it you are trespassing,” she said. “It is because we have a municipal public reserve bylaw that defines what activity can be done on it, that you can use it for public access.”
I can do whatever I want on my property
Again this is false. Bylaws, most notably the Land-use Bylaw and regulations restrict what can be done on a private lot. A permit is usually required to construct or improve buildings.
“The Land-use Bylaw does its best to balance everyone’s needs with the public good so they are compatible,” Bruns said.
"I am entitled to a view of the lake or as a property owner on the lake I can restrict people using “my lakeshore” or using “my dock.”
Not true. The only way to clear vegetation obstructing a view is if it is on a property owner’s property. Anything on reserve land would require a permit from the county, which is unlikely that they would obtain. Similarly, the majority if not all of a pier or dock would be on municipal or Crown land and therefore would be open to the public.
What is allowable on the municipal public reserve
Oyarzun said to think of the reserve as a public park, noting most, if not all the rules were the same.
For example, people can’t cause an undue disturbance, conduct a business enterprise without a permit, starting a fire other than those in the approved firepits or disrupting natural growth of vegetation and anything brought with you such as lawn chairs, et cetera, be taken back with you and that reserve closes at 11 p.m. The use of off-highway vehicles is also prohibited.
Penalties of violating the Public Reserve Lands vary said Lac Ste. Anne County peace officer Andrew Stewart. The County of Barrhead contracts out its bylaw enforcement services.
“If someone is in violation, we try to work with them to get into compliance, but if we can’t the next step is a ticket and fines as well as the removal of items that are in non-compliance [at the owner’s cost] or a stop-work order,” he said, adding fines can go as high as $2,500 and/or six months in jail.
However, Stewart reiterated their first choice is to educate and work with the resident before issuing violation tickets.
Mark Vriend asked how the peace officers or county find out about a property owner that has owner violated the bylaw.
Oyarzun said that by and large it is complaint-driven as with any other bylaw, noting the county doesn’t have the resources to continually patrol.
Another resident who didn’t identify themselves asked why the county was targeting the municipal public reserves adjacent to the lake, saying there were other reserve lands, including in the Thunder Lake area.
Oyarzun said mainly that is because they receive more complaints about violations in that area.
“We will be dealing with the reserves in the back as well,” she said. “[Albert Environment and Parks] is asking us about infringements from our residents on Crown land.”
