by Jennifer Dart
The Westerly News
March 15, 2006
Ucluelet planner Felice Mazzoni wonders whether the recent February storm
might cause the province to reevaluate the historical high water mark.
By definition, the "natural boundary" is the visible high water mark of any body of water where the water has been there long enough to create a natural distinction between the body of water and its banks, vegetation and soil.
"The high water mark is in doubt in certain subdivisions and in others that haven't been subdivided yet," said Mazzoni.
"The historical high water mark can't be used anymore, because it's been shown to not be adequate to where the ocean can get on a stormy day."
Many locals said the Feb.3 storm was the worst they'd seen in 30 years.
Mazzoni said water pushed its way into subdivisions at the Edge onto properties along Marine Drive and onto the Weyerhauser lands northwest of Ucluelet, overriding the natural boundary by as much as 15 feet.
"That line has been varied and blurred, with vegetation scraped clean in some areas," he said.
"It will be interesting to find out how the province deals with it. Will they return property to the crown, or move it upland onto the foreshore?" Mazzoni wondered.
But Surveyor General and Director Rick Hargraves told the Westerly only a slow, sustained change will have any effect on the natural boundary.
"A sudden and violent storm does not affect the natural boundary," Hargraves said.
The Land Act states that while property ownerd don't own the land created by a "sudden deposit of material," they do own land that has been deposited in a "gradual and imperceptible natural deposition."
"Conversely, when the upland is eroded gradually and imperceptibly, the property lost becomes part of the foreshore or bed of the adjacent water body and becomes Crown owned land," states the Land Titles web site.
Hargraves recommended documenting any effects of the violent February storm.
"Waterfront property owners are well advised to photograph and document the effects of the storm so in the case of disputes, they'll have evidence to document claims," he said. "A real savvy owner would probably do that."
Hargraves also said
if a property owner is in doubt about the natural boundary on their property,
a BC land surveyor can pinpoint its location. BC Land Title and Survey
can be found on the Internet at www.ltsa.ca.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright The
Westerly News, a Canwest Company. Reproduction of this article
or photographs, in whole or in part, is illegal without the written consent
of The Westerly News (westnews@ukeecable.net).
The Westerly News is published each Wednesday in Ucluelet. Phone: 250
726-7029
home
> barkley/habitat
> article
