City wants encroachment issues onto ER around lakeshore resolved soon

A picture dated 2018, later submitted to Lakeland Connect of an encroaching fence on reserve land.

Over the past several years, the niggling issue of lakeshore property owners that had built a firepit or installed patio stones that extended beyond their property line onto Environmental Reserve, has been one in the background of Cold Lake. 

Prompted at times by complaints from residents, it’s been a slow issue of having the property owners and the City enter into encroachment agreements, and council received an update on the process on June 17 at the Corporate Priorities Committee meeting. 

An Environmental Reserve (ER) is essentially a buffer zone between the property lines and the lake that aims to keep things like water quality and natural habitats intact, and prevent the land from eroding. It is required under the Municipal Government Act to uphold the ER. 

Mayor Craig Copeland said during the meeting that he’d like to see this issue fully resolved before this council’s time finishes in the fall, before the municipal election. 

“We opened this can of worms, we can close it.”

According to the City’s report, the first phase was notifying these lakeshore landowners of potential encroachments into the ER and providing them with an opportunity to apply for a License of Occupation for any existing encroachments.

While some are smaller scale like a firepit or a fence, others have been sheds or larger structures.

‘Win-win’

At the deadline of May 31, a total of 79 properties were identified as having an encroachment issue. 

So far, 45 applications have been made for a License of Occupation, while eight landowners have stated their intent to remove encroachments. 

Additional property owners contacted staff through the first week of June, leaving 25 properties that require further follow-up.

Agreements are made three years at a time with a cost of $500, said Copeland.  

Being non-complaint could lead to the City issuing fines, or having a legislative order remove the encroachment at the property owner’s expense. 

It was mentioned during the meeting that one property owner in particular has required enforcement action. 

“That is the best that we can do for the landowners, so that they can keep what they built on the ER,” Copeland told Lakeland Connect on The Morning After. 

“What we’re saying is, instead of ripping it up, moving it, let’s just work with you. It’s a win-win for you. It’s a win-win for the city. We don’t want to come in and rip stuff up. We’re getting pretty close to having everybody signed off.” 

There’s also been a push of more consistent cleanup in the ER, with dead trees, hanging branches, and overgrown grass, with some residents requesting to do it, or looking for compensation to do it.

‘Very successful’

Encroaching properties has been a city-wide issue, but area around the lake has been the most high profile with the proximity of the lake and residents who may walk along the ER or sunbath off the beaten path. 

After years open houses and background discussion, in 2023, the City created the Environmental Reserve Lands policy for Environmental Reserves within the City, which did have opposition.

However, CAO Kevin Nagoya remarked that the program so far has been “very successful” even more successful than administration anticipated. 

With the three-year terms of the agreement, this topic will be ongoing, particularly if a house is sold with an encroaching property, and informing the new owners of this license, which isn’t included in the land titles.

In the early 2000s, there was a policy that allowed for grandfathering permits for encroachments to remain on reserve land.

That policy was removed in 2009.