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Ministry of Forests, Lands, Natural Resource Operations and Rural Development
250 356-5261

Backgrounders

Flood protection works for waterfront landowners

Waterfront landowners are entitled to protect their property from flood damage. All flood protection works (i.e., riprap, retaining wall) must occur on their own property; that is, above the natural boundary or normal high water mark of the adjacent lake or stream.

Landowners are not entitled to construct flood protection works on Crown land fronting their property, including filled areas that extend beyond the property below the natural boundary. Such works can destroy fish habitat, interfere with public access along the foreshore and modify shoreline processes such as patterns of sediment transport and deposition.

If construction of flood protection works involves supplementary works below the natural boundary (e.g., equipment access), landowners must first retain authorization under Section 11 of the Water Sustainability Act (WSA).

If landowners constructed flood protection works below the natural boundary during the 2017 flood without authorization, they must immediately notify the ministry’s regional water section (Trevor.Bohay@gov.bc.ca). The land owner may be required to take measures to remediate the site, which may require an authorization under Section 11 of the WSA.

Where a local government has constructed flood protection works on private property, it is the responsibility of that local government to notify a habitat officer and take measures to remediate the site, if required.

All post-flooding recovery works that require making changes in and about a lake or stream (i.e., debris removal, erosion protection, dredging, beach creation) require authorization under Section 11 of the WSA.

Unauthorized structures (e.g., fences, retaining walls) and fill located below the present natural boundary are illegal and will not be allowed to be constructed or re-established. Public access to the foreshore must be maintained.

Information on how to apply for an authorization under Section 11 of the WSA (i.e., Change Approval) is available through FrontCounter BC: http://www.frontcounterbc.gov.bc.ca/guides/surface-water/changes-in-about-stream/overview/