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Neighbours question lifting of order to remove fence, rock wall from waterfront

Foreshore

Neighbours want to know why the Ministry of Forests, Lands and Natural Resource Operations (FLNRO) has rescinded an order for a Roberts Creek property owner to remove a fence and revetment (retaining wall) from land at the beach in Roberts Creek.

The order, dated Feb. 2, followed a complaint filed in 2015 about a large riprap retaining wall and fence built where the property borders the beach at the mouth of Stephens Creek. The complaint claimed the wall disturbed the natural estuary of the creek and blocked public access to Crown Land.

The original FLNRO order, which was posted on the revetment, gave the owner of 2977 Lower Road until March 31 to remove the fencing and until the end of the year to dismantle the revetment.

The deadline passed with the fence still in place. Copies of an email exchange between officials from FLNRO and neighbours who wanted the structures gone indicate the order had been lifted, but did not give any reasons.

FLNRO told Coast Reporter, “in light of new information received, this matter is not closed and is still under active investigation. As such, the ministry is unable to provide further comment at this time.”

This isn’t the first time that a waterfront structure has caused concern in Roberts Creek, and FLNRO officials say they’ve seen an increase in complaints about encroachment on Crown foreshore across the Sunshine Coast in recent years. FLNRO has not, however, seen a marked increase in applications for licences to occupy Crown land on the foreshore, although “the ministry continues to get a steady number of private moorage applications for docks,” officials said in an emailed statement.

Mark Lebbell, the Sunshine Coast Regional District (SCRD) director for Roberts Creek, said people have come to him with concerns about “two or three” properties during his term, but in general, owners are following the rules.

“The shoreline is a challenging blend of federal, provincial and local jurisdiction and sometimes involves eroded historical property survey lines as well as natural boundaries that reflect the dynamic nature of this interface area,” Lebbell noted in a blog post. 

Waterfront structures have also been a perennial concern in the area around Ocean Beach Esplanade in Elphinstone, where they range from funky shacks and practical boathouses to livable cabins. Much of the waterfront land in that area is under FLNRO jurisdiction, and Elphinstone director Lorne Lewis told Coast Reporter that most of the properties were sold before World War I, and at the time were water-only access. “There has been a long history of ‘inappropriately placed’ cottages as people who own a property ‘up the bank’ have established something a bit more conveniently located to the ocean,” he said.

The SCRD says it does not issue building permits for those beachfront structures, although the regional district is routinely contacted for input when FLNRO gets applications for licences to occupy Crown land within SCRD boundaries. 

FLNRO is in charge of enforcing standards, and acting on complaints which are typically filed using the online “natural resource violation reporting system” at www.for.gov.bc.ca/hen/nrv.

In its statement to Coast Reporter, FLNRO would not confirm if it’s currently investigating any complaints about waterfront structures in Elphinstone.

“The ministry’s Com-pliance and Enforcement Branch is continuing to look into foreshore access issues on the Sunshine Coast. Out of respect for this process, the ministry will not comment on specific properties and any notices they may have received.”