Existing boathouses and docks can stay, for now, under the revised shíshálh swiya Dock Management Plan (DMP) released last week.
Updates to the DMP are to be introduced in stages and include an inventory of all existing structures, according to an Aug 1 shíshálh Nation and B.C. government joint press release.
Extension of DMP rules to freshwater infrastructure is not included at this time, Minister of Water, Land and Resource Stewardship, Nathan Cullen told Coast Reporter on Aug. 7. “We decided that we are taking a pause on freshwater lakes to understand the impacts and get a bit more of the science underneath us. We will do a literature review and mapping of the habitat," he said. "After the pause, existing and untenured docks on lakes will be expected to comply with some requirements but we have more work to do on what the actual science tells us about the freshwater side of things."
Existing boat houses on tidewater moorages can be permitted to stay until end of life. No new boat houses will be allowed on private, group, community and strata moorages, but can be permitted on commercial moorages, says a four-page fact sheet attached to the release. That document states the DMP changes “simplify the process for existing dock and boathouse owners” as well as provide owners time to make any necessary improvements to their legacy structures “in a cost-effective manner."
The two governing authorities will continue with annual monitoring to ensure continued protection and restoration of marine ecosystems and cultural resources. Cullen noted that there will be more information opportunities delivered locally and online to further explain the details and processes.
Covering of the costs of the inventory, annual monitoring and new registration processes “are things we are working on with the local community and the shíshálh as well," he added.
Timelines vary with structure conditions
In a soon-to-commence inventory process, tidewater docks and boathouses within the swiya will be assessed and given a condition rating to inform work planning for the transition to a 20-year renewable authorization process. A management plan will be required for each marine structure to be authorized. Existing tenure holders who have previously submitted management plans will not be required to submit new ones. Owners of untenured docks and boathouses, or those without existing management plans, will be required to submit plans.
A self-registration form will be available on the government's Pender Harbour Project website this fall.
For owners of docks and boathouses that have been in place since July 1 and are in safe condition, there will be a three-year transition period under which they will be able to register and keep their current structures. During that period, B.C. and shíshálh Nation will review all self-registered docks to transition them into a 20-year renewable authorization.
Owners with structures that the inventory process identifies as “derelict” will be asked to submit a remediation plan that outlines how those will be fixed. Repairs will need to be completed within two years. Non-compliance could result in “progressive enforcement steps, which may include directing the removal of the dock or boathouse” according to the fact sheet.
“In alignment with existing provincial policy, new docks (those built after July 1) require an application. New docks must be in compliance with the DMP,” the fact sheet notes. Applications for new docks will require an environmental study and archaeological assessment.
The registration process is an initial step in a 10-year timeline for existing dock and boathouse owners to make repairs to their structures to replace floatation with encapsulated Styrofoam or alternative floatation. If Styrofoam on an existing structure is actively breaking apart, owners will have two years to make that adjustment. In addition, light penetrating decking is to be introduced.
Owners of docks and boathouses on registered archaeological sites will be notified during the review and their documentation will be referred to the provincial archeology branch. That entity may direct that additional work be done. Docks in culturally sensitive areas such as clam beds, clam gardens, fish weirs and canoe skids that are protected under the Heritage Conservation Act will be reviewed during the three-year transition period and may have additional terms and conditions applied.
How the process unfolded
In November 2023, an update to the DMP was proposed. The most recent changes to the DMP process resulted from the work and submissions of members of the Dock Management Plan Advisory Group. That entity was established by B.C. and shíshálh Nation in March, and includes the Waterfront Protection Coalition, Sunshine Coast Conservation Association, local governments and others. The Pender Harbour and Area Residents Association was invited but declined to participate in the group, citing issues with a lack of transparency in the process.
Asked about a release of the group’s full input, Cullen said a summary and overviews of that material by both the province and the Nation is available on the website, “that’s all the information folks will be able to take a look at."
In his view, the information released shows "we have landed in a good place and now have a way for people to register their docks and not have that significant concern that people were raising over a number of years. It’s a very positive development, we’re quite excited that we have got to this point.” He emphasized the DMP process to date has demonstrated “the power of working together."
“A lot of people said that this couldn’t get resolved and were skeptical about our ability to stand a table up that was collaborative and positive. I am really proud of the work that was done," he said.
"We commend the B.C. government and shíshálh Nation for their willingness to work together to resolve the key issue of grandfathering of existing docks and boathouses," Waterfront Protection Coalition spokespersons Brad Edgelow and Jim Stewart stated in the release. "The WPC would like to thank its supporters, legislative members and the media who advocated for dock owners and increased awareness of our collective concerns. We all care deeply for the coast and our waterways and have clearly demonstrated we can work together to reach a meaningful solution."
The press release also included a statement from lhe hiwus Lenora Joe of shíshálh Nation: "Protecting the natural and cultural resources is something many of those who call our swiya home seek to do. Our changing environment is forcing us to look differently at how we impact the Earth and how we can have less impact over time. The shishalh swiya Dock Management Plan is one piece of the work to protect our marine environment. We appreciate the feedback we received about the plan and are addressing it through these substantive updates to the plan. We look forward to working together to implement the plan and better protect our environment for future generations."
