sLSA Member Update on DMP Announcement
August 3, 2024
SWIYA LAKES STEWARDSHIP ALLIANCE MEMBER UPDATE ON THE DOCK MANAGEMENT PLAN ANNOUNCEMENT
On Thursday, August 1st, 2024 the Province of BC and shíshálh Nation proposed changes to the shíshálh swiya Dock Management Plan (DMP) to address community interests regarding existing docks and boathouses for oceanfront properties only. Freshwater moorages remain on hold at this time.
The sLSA executive team met the same day, to review the announcement and what it means for property owners in the region and in particular, freshwater docks and
boathouses. Overall, the reaction was very positive about what was achieved in a relatively short period of time and the changes were significant and generally in line with community input. Below are some of the highlights from the announcement and what it means for property owners on freshwater lakes.
Key points
• This announcement is of primary relevance for marine-based private moorages. Freshwater private moorages remain on hold. Commercial dock amendments are being handled separately.
• The biggest progress point for all dock owners is the agreement to grandfather existing docks and boathouses through 3-year general permissions that will transition to 20-year renewable tenures.
• For freshwater property owners, we expect the same grandfathering principles and process as marine moorages for existing freshwater docks and boathouses, albeit with different mandatory provisions and best management practices (BMPs) reflecting the needs of freshwater ecosystems and docks.
• The other big progress point is establishing a way to issue foreshore permissions to all existing dock and boathouse owners without an onerous process (no studies required), and without creating a long backlog of bureaucracy on the processing end by the BC Government and shishalh Nation.
The process for getting foreshore permissions
All existing docks and boathouses (tenured or untenured) will be eligible for a ‘swiya-specific General Permission’ when owners self-register using an online form, which should be available in September for marine private moorages. A similar form will be available for freshwater moorages once additional studies and considerations are completed, so no action is required at this time for existing freshwater docks and boathouses. Registration will be free and no environmental and archeological studies will be required.
According to the announcement, “the swiya-specific General Permission legalizes the occupation of the Crown land the dock and/or boathouse is occupying while the Province transitions the permission to a 20-year long-term renewable authorization.”
The intention is that over the next 3 years the BC Government and shíshálh Nation will transition these general permissions to long-term authorizations (tenures). Owners will likely be required to submit a ‘Management Plan’ (including dimensions, location, and pics) as part of the transition process, however they will no longer be required to undertake environmental and archeological studies as part of the management plan (which would have been the case previously).
During the long-term tenure authorization process, owners with docks and/or boathouses overlapping known archaeological sites will be notified. Existing structures will be allowed to remain but repairs and maintenance may require consultation with xperts. In the Pender Harbour area, docks in a red or purple zone identified under the DMP will be grandfathered but no new dock permissions will be granted in red zones.
Tenures will be transferrable with the sale of a property.
All NEW docks will need to follow the current application process which includes environmental, archeological and other assessments as required by government, and adhere to the most recent best management practices. Also, no new boathouses will be permitted.
In this way, the government has a path to getting everyone’s docks authorized, and property owners have a 20-year renewable lease that protects their existing marine assets. The cost of the lease, if any, was not available at this time.
If you have already submitted an application for an existing dock or boathouse, our
understanding is that you should self-register when the relevant freshwater or marine private moorage form is available, to be eligible to transition to the 20 year tenure.
If you have already submitted an application for a new dock or boathouse, your application will be processed under the current process.
Some conditions to be aware of:
Derelict structures such as sinking docks/boathouses, docks/boathouses impeding passage, collapsing or dilapidated structures, etc., will be required to be remediated within 2 years of notification.
Docks with un-encapsulated styrofoam will need to be replaced with encapsulated styrofoam or other environmentally friendly options within a 10-year timeframe.
There are some principles to grandfathering under the BC Local Government Act that owners need to be aware of. For example, you can repair and maintain your docks and boathouses, but you cannot rebuild, replace or change the footprint. Any rebuild or significant changes would require the owner to apply for a new authorization that would need to conform the current BMP’s.
Given concerns over forest fires and climate-related severe weather events, it was agreed that non-conforming docks and boathouses damaged by natural disaster or fire WILL be allowed to build on the original site to the size/footprint of the previous structure. This is a significant and important concession that provides a greater sense of certainty for dock owners.
What’s next for Freshwater DMP?
There is still work to be done to ensure what comes down the line for freshwater dock and boathouse owners makes sense based on the context of our different lake situations. The BC Government and shíshálh Nation will be planning next steps for freshwater docks in the Fall 2024. A literature review of environmental studies of freshwater environments and mapping of habitat will be completed before any further changes are finalized. Continuing engagement with the community has been committed to by the BC Government and shíshálh Nation. The sLSA team will participate as needed to ensure the process is informed by relevant local research and dock construction best practices as well as inputs from the local communities. We anticipate a process similar to the above to will be established for freshwater docks and boathouses sometime in 2025.
The sLSA would like to thank the many volunteers who spent countless hours to help achieve this progress, all the people who wrote the 1700 letters that made a big impact, the many dock owners who donated to the Alliance, and our partners at the WPC and PHARA.
Links to Documents
Updates to the DMP, Aug 1, 2024
Fact Sheet for Dock and Boathouse Owners
Frequently Asked Questions