How to replace your dock so it's up to code

| June 28, 2017 in Provincial

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Since Okanagan Lake flooded, numerous docks have either floated away or been damaged in some way.

Since lake levels have continued to drop over a period of several days, the Province thought it timely to give some dock building instructions, ensuring all docks are up to code.

According to the Province, there are between 1,200 and 1,500 in need of repair along the shores of Okanagan Lake.

The Ministry of Forests, Lands and Natural Resource Operations (FLRO) is offering a dock repair hotline. FrontCounter BC services in Kelowna will have a staff available to assist with dock approvals. FrontCounter BC services can be contacted by calling 1-877-855-3222.

The ministry urges dock owners to familiarize themselves with the legal requirements outlined in the Water Sustainability Act and Land Act, as well as meeting local government requirements.

Under the Water Sustainability Act and Regulation, section 39(1), "requires any works in about a stream, river or lake related to the construction, maintenance or removal of a dock to have a notification submitted for instream work to the Province for approval. To help expedite the process, terms and conditions specific to damage caused by this year's high water have been set. Terms and conditions are also specific and have been standardized to each habitat sensitivity zone. Terms and conditions are usually returned to applicants within 45 days. All maintenance and rebuilding works will be required to go through this process."

Land Act

General Permission

The Province streamlined its private moorage policy in January to make administration of new and replacement docks easier for dock owners and government.

Dock owners can have their dock authorized under a "general permission" if:

* The dock owner is the owner or lessee of the property fronting the foreshore;

* The dock being used for residential use only;

* The dock not being located in an area of special interest, designated Land Act "application-only area" or reserve;

* There are no other authorizations for the section of Crown land proposed for the dock; and

* The dock is built to a specified standard and within size restrictions.

To determine if you require specific permission in stead of general permission, be sure to visit the province's website.

Obtaining specific permission costs $262.50 and can take up to 140 days to process.

Regarding Private moorage tenures , the tenure holder must maintain public access across Crown-owned foreshore. Crown foreshore is located below the line where private land ends and Crown land begins, and typically encompasses the beach and near shore waters.

The boundary between private and Crown land is the normal high-water mark. Fences on Crown land foreshore are prohibited.

Docks that do not maintain public access are subject to trespass action and removal under the Land Act, added the province.

Regulations  for freshwater docks include the following:

* Fresh water docks must not extend beyond a distance of 42 metres from the point where the walkway begins, measured perpendicular from the general trend of the shoreline;

* have more than a three-metre-wide moorage platform or float; or

* have more than a 1.5-metre wide walkway connecting the platform or float to the shore.

If you have an infraction to report, call 1 877 952-RAPP (7277) or visit the website.

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