2016-Apr-28
Crown Land Permits for Docks and Boathouses – an extract
(Read the full article in the Summer issue of UPDATE – Available mid-May 2016)
Due to a recent Court case the Ontario Ministry of Natural Resources and Forests (MNRF) now requires that persons wanting to build a dock or boathouse with a total surface area greater than 15 square meters (or about 150 square feet) apply for a permit to occupy Crown land. This permit requirement also applies to existing docks and boathouses and replacing them. Almost without exception the bottoms of Ontario’s lakes are Crown land and permits will be required. The surface area is in essence the size of the shadow a structure casts on the lake bottom; only small docks would be exempt.
This is a significant change from the previous approach when MNRF only required permit applications if the area of the lake bottom physically occupied by cribs, posts or piles exceeded 15 square meters. An extremely large dock or boathouse can be built on piles without exceeded that limit! With the new rules most docks and all boathouses will be subject to MNRF’s permit application process.
The Georgian Bay Association believes this permit requirement for small docks will create a needless administrative burden for cottagers. The Public Lands Act and regulations should be amended to streamline permit requirements.
We have written to the Minister of Natural Resources urging that that the legislation and associated policies be revised to this effect. In the meantime you will have to apply for a permit if you want to construct a dock or boathouse with an area in excess of 15 square meters and you are required to apply for a permit for existing docks and boathouses or replacing them. It is likely MNRF wants to address this matter – they do not have the resources to administer thousands of land use permits – but it may take some time to do so.
Robert Moos
GBA Director for Blackstone Lake Cottagers’ Association
