Alberta’s Regulatory Framework & Policies Law and the Lake: Alberta’s Regulatory Framework & Policies

Overview Background What are shorelands? Common Issues for lakeshore landowners Regulatory and Management Framework What we are working on now: Policy, Planning, and Stewardship Initiatives Future Work?

Background: What are Shorelands? Beds and shores of rivers, streams, and lakes Are provincially owned Crown lands (not privately owned) Bounded by the OHWM (in AB we call it the “bank”) Includes wetlands in the settled area if they are permanent and naturally occurring. Larger waterbodies generally excluded on land title (surveyed out) Where silent, legislation (Public Lands Act) conveys title to the beds and shores to the province. Similar to other provincial and territorial jurisdictions in Canada. Is retroactive Minor exceptions (e.g. former Hudson’s Bay Company* lands) “Company of Adventurers of England trading into Hudson Bay” Founded 2 May 1670 Still an active commercial enterprise today (includes SAKs on 5th + others) the oldest incorporated joint-stock merchandising company in the English-speaking world

Background: Land Ownership A reserve may separate lakeshore property from lake Reserves designated as Environmental or Municipal Reserve Owned and administered by Municipality Most lakeshore properties in a subdivision do not extend to water’s edge Check land title description, lot survey, or subdivision plan

Sec. 17 Survey’s Act It is the role of an Alberta Land Surveyor to determine the legal location of natural boundaries. On lakes, this boundary is the line where the bed and shore of the water body ceases (the “bank”). The “bed and shore” of a lake is the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself.

Effect of the Ordinary Height of Water on Vegetation

Effect of the Ordinary Height of Water on Soil

Bed & Shore and the “Bank” Exposed Lake Bed (Shore)

Riparian & Public Rights At Common Law, land owners adjacent to a water body enjoyed various riparian and public rights Traditional Common Law Right Current Status Right to use water for domestic purposes Abrogated - Subject to provincial legislation Right to continued flow Right of natural drainage Right to protect land from flooding Preserved, but not absolute. Subject to provincial approvals below bank/OHWM Right of accretion Preserved Right of navigation Preserved. (Public Right) Right of access to and from water Preserved.

Basic Regulatory Framework Also: Wildlife Act (AB) Fisheries Act (AB) Migratory Birds Convention Act (CAN) Species At Risk Act (CAN)

How we Manage Shorelands Today Lakes and rivers are a significant recreational resource We own them, and treat and manage shorelands as a public trust resource Current regulatory framework: Public Lands Act + regulations Water Act + regulations & Codes of Practice Operational policies and directives for managing Authorizations needed to occupy provincial shorelands (PLA) or undertake an activity within a water body (WA) Prohibitions Injury to bed and shore Loss or damage to public land Create conditions on public land which is likely to result in soil erosion Wheeled and tracked conveyance on bed and shore

Water Act Section 3 vests right in and use of water to the Crown Approval or license required for wide range of activities: water diversions alteration/modification to a water body cause or may cause an effect on the aquatic environment Strong enforcement track record

Water (Ministerial) Regulation (Approval Exemptions) Floating platforms, seasonal pier, boat launch, or dock fencing into or adjacent to a water body some water crossings landscaping if adjacent water body not fish bearing, it doesn’t affect aquatic environment, or doesn’t affect flow of water on adjacent land parcel some water supply lines portable pump for portable water supply line removal of debris or beaver dam, etc.

Public Lands Act Section 3 of the Act provides for the ownership of the beds and shores of all: All permanent and naturally occurring water bodies (wetlands) All naturally occurring rivers, streams, watercourses and lakes Section 54 Prohibitions: No injury to bed and shore No loss or damage to public land Do not create conditions on public land which is likely to result in soil erosion

MANAGEMENT & POLICY Use of seasonal docks Management of lake resources is shared between Water Management, Fisheries & Wildlife Management, Public Lands and DFO Canada Use of seasonal docks Beach creation / sand dumping Erosion protection works Aquatic plant control Mooring buoys and multi-user mooring facilities

Use of Docks Current Use Current Dock Standards Future Use & Standards temporary, seasonal use: requires no approval permanent: formal disposition (LOC), normally not issued for private/personal use Under review Current Dock Standards 4 feet wide, 50 feet apart Temporary, seasonal use Stored off public land over winter Future Use & Standards goal is to revise policy: Address all mooring facilities provide riparian owners a general permission to make use of bed and shore area to access the lake establish common standards for docks occupying Crown land for personal recreational use end goal to result in more order and reduced user conflicts

Exceptions To Seasonal Pier, Dock & Boat Lift Rule A restriction to the rule exists for those areas or circumstances: where an environmentally sensitive area or a management concern is identified by the provincial or federal government, and restrictions have been established; where a local municipal development plan, a lake management plan, or a water management plan limits or restricts such uses; or where the proposed structure’s design may interfere with the normal flow of water or is likely to increase the probability of bank or shoreline erosion; or where such structures may adversely block public access along the bed and shore of the lake.

Sand Dumping can be a form of “pollution” can cover and destroy fish habitat often encroaches onto Crown land is easily eroded where there are no natural beaches contributes to the aging of the lake promotes shoreline alteration and increases risk of erosion requires an approval Approvals may be issued for public use areas provincial goal is to limit, where ever possible, the activity to common community areas that benefit many people

Shoreline Stabilization & Erosion Protection Works Natural and man-induced causes of erosion Main initiating factor is landscaping and removal of vegetation and other shoreline alterations Active erosion areas require steps to limit further loss of land Many ways to protect land from erosion - some just better than others, both physically and ecologically Must limit amount of encroachment - not permitted to artificially create new land Approval required Standards & education programs need to be enhanced

Aquatic Vegetation Control Emergent aquatic vegetation very effective in reducing wave energy at shore and wave erosion Cumulative impact of removing aquatic vegetation contributes to significant loss of fish habitat, fish productivity and increased potential of erosion Requires approval Generally limited to what is required to get a boat out into open water (to facilitate navigation) 4 m width maximum (includes dock) Larger areas may be approved for community use areas (e.g. common beach and swimming areas)

Mooring Buoys Anchors are tethered to lake bed (generally viewed as permanent) Concerns over proliferation of buoys with unknown owners Largely unregulated, nuisance For municipal and personal users, general guidelines to be followed Must follow federal regulations and standards if used For sailing clubs, etc., multiple buoy use being directed into approved mooring fields Current mooring policy initiative will address use

Summary: Prohibited Activities Unless authorization or disposition issued: No person shall do anything on public land that: is likely to result in injury to the bed and shore of any river, stream, watercourse, lake or other body of water or land in the vicinity of that public land; or is likely to result in soil erosion. Any “unauthorized use” is subject to a variety of penalties (administrative fines, disposition cancellation, orders to restore/reclaim disturbed areas, & legal action / court imposed penalties) No use of vehicles on bed and shore

Summary: Activities Requiring Approval Formal dispositions ($) All Permanent Encroachments (e.g. erosion protection works) Boat Launch / Pad Permanent Dock / Pier Breakwaters Causeways Berms Groynes Marina Developments Outfalls / Intakes Weirs Water Crossing Structures Written Approvals (no cost) Aquatic Plant Control Bank Stabilization (minimal modification of shoreline) Dredging / trenching Beach Renovation Excavation of materials Removal of Ice Push Ridges Sand Dumping

Current Policy Initiatives Mooring Policy – set to begin engagement Docks for personal recreational use Shared and Community docks Docks for strata developments Commercial use Mooring buoys & mooring fields Marinas Erosion Protection Works Policy Type of work to be based on erosion potential of site On-line Erosion Potential Calculator (see web site) Incorporation of bioengineering elements to design Construction Guidelines/BMPs Aquatic Vegetation Control Guidelines Review & Update Wish list = Foreshore Inventory Mapping

Stewardship Initiatives Respect our Lakes (ROL) is AEP’s primary lake education and extension initiative Key messages about leg, science, & stewardship LakeScaping Guide Most regulatory issues stem from shoreland disturbances as a result of landscaping Goal is to provide ecological friendly approach to landscaping near shoreline areas Law and the Lake Update Summary of how Local, Provincial and Federal rules apply to lakes Revised “On The Living Edge – Your Guide To Waterfront Living” Jointly developed with and delivered by the Land Stewardship Centre

Contact Gerry Haekel, P. Biol. or Danica Staudt, MSc.,P.Biol gerry.haekel@gov.ab.ca danica.staudt@gov.ab.ca 780-427-4767 (w) 780-644-2358 (w) Shoreland Management Program Public Land Policy Environment and Parks http://aep.alberta.ca/lands-forests/shorelands/default.aspx