Danger on the foreshore

But for a few paragons of virtue, like Mahatma Gandhi or Mother Teresa, we humans are no angels. We tolerate illegal activities if no one complains, and often can not distinguish between what may be criminal activity or bad manners. 

Authorities who we trust to protect and serve us are reluctant to help in a matter where no one else has complained. Self interest appears to be the guiding principle of our actions. Some self interests are more important than other self interests. Just look at jobs versus environmental degradation.

On August 27th, 2017 I broke my wrist climbing over a wall of rocks lying across a Kelowna beach. Provincial foreshore laws prohibit placing unlicensed obstructions on the foreshore. After my accident, I wanted to have the rocks removed from the beach, the Okanagan has plenty of mountain ranges.  I began by filing a report with the RCMP and by reporting a natural resource violation online, no response came from either.  Evidently my self interest was not important on a scale of interests.  

To date, I still do not know who placed the rocks on the beach or whose territory they lie on provincial, municipal, private, or all three. However, I will share the information that was offered to me by Natural Resource officers, Kelowna parks staff and friends or neighbours:

1)  Some lakeshore property owners own the foreshore;
2)  People walking on the foreshore can walk around a dock which obstructs their passage. If walking around such a dock means walking on private land, it is not trespassing unless an owner says you are trespassing;
3)  Docks less than 15 inches in height do not require steps. (My comment: So you either walk over the dock or around and hope no one says "you are trespassing"?);
4)  Unlicensed docks, rock walls or other obstructions - considered litter - are ignored by authorities unless someone registers a complaint. Enforcement is complaint-driven;
5)  A licensed dock or other objects on the beach receive tenure until the licensed objects are altered;
6)  Only the province owns foreshore;
7)  Sandbags must not be emptied into the lake;
8)  Rip-rap may extend to the lake even if it is foreign matter like the sand in the bags;
9)  Rip-rap may be illegal without  license from the province;
10)  A rock wall on the beach could be riparian habitat; The rock wall is in City of Kelowna's 2015 aerial footage.
11)  Removing a rock wall which may be riparian habitat requires a license from the province;
12)  It is difficult to determine foreshore even if surveys are conducted because another client's survey results may be different;
13)  Surveys are expensive;
14)  The Natural Resource budget to enforce foreshore violations needs more money;
15)  Although complaint-driven, people who file complains must be prepared to wait for a reply.  (In my case more than 50 days and counting.)

The 15 examples above may be fact, urban legend, or false truth.  It's the province's job to enlighten the public when there is confusion about their foreshore law.

Walk the Beach Kelowna on August 27th, brought awareness to foreshore. Foreshore is owned by the province, not lakeshore property owners. It's a lesson everyone needs to learn, including provincial officials who have neglected to enforce foreshore laws for a couple of decades. Despite my many attempts to have the province acknowledge responsibility for allowing a potentially dangerous obstruction across their foreshore, no action has been taken to have the rock wall removed or say whether or not it lies on foreshore. Kelowna Parks have emailed, and telephoned me to say that where I fell is foreshore or crown land, but the province has remained silent.  

Helen Schiele