Tiny Township is extending an interim bylaw that prevents development along the shores of Georgian Bay, but constituents say this infringes on their property rights.
The bylaw was originally enacted last May to give the township the year to establish rules for development while protecting the shoreline.
The bylaw prohibits the construction of any structures—including boathouses and retaining walls—any fences, any signs, any landscaping, and any other shoreline alteration in proximity to the 178 m contour elevation of the shore. It exempts projects that were already in progress when the original interim bylaw was implemented.
This extension gives the township an additional year to complete an environmental study on the shoreline.
“The long-term health of the beach and the community is in jeopardy if we don’t maintain our shoreline,” says Dave Evans, Tiny Township’s mayor.
Tiny is a community that sits along a 75 km stretch of Georgian Bay. More than half of its shoreline is made up of dynamic beaches, with an additional 40 per cent classified as “potentially dynamic.”
Sandy beaches and dune systems are highly dynamic because of beach erosion—that is, the way sand moves onto and off of the beach. During a storm surge, the dunes create a natural wall that protects the shore from high waves.
Having structures on the shore that block the dunes “hinders the natural process of rebuilding them,” says Robin Davidson-Arnott, a researcher on the study and a geography professor at the University of Guelph.
If the dunes are not able to rebuild properly, cottagers could in turn lose their natural protection from high waves during storms.
“Anything placed close to the beach will interfere with the transfer of sand by waves,” says Davidson-Arnott. “We want to design a policy that works with nature, so you can sit back in your cottage and let nature do what it does best.”
But many cottagers don’t agree with this bylaw.
Paul Cowley, the president of the Federation of Tiny Township Shoreline Associations (FoTTSA), says that the township’s council is using the bylaw as a means of gaining control over the beaches in Tiny.
“This bylaw is literally restricting what someone can do with property that they own,” he says, explaining that the council turned to the bylaw once they discovered they couldn’t repatriate the beaches. “These beaches are not township property.”
Mayor Evans, however, says that the bylaw has nothing to do with property rights. He says that the council is enforcing existing provincial regulations that govern development on shorelines. It’s unclear which provincial regulation he’s referring to.
“We have no ulterior motive,” he says, adding that he hasn’t heard any complaints from residents in regard to property rights. “This bylaw is strictly to enforce and protect the shoreline.”
Evans acknowledges the long-standing issue of shoreline ownership, particularly within the township, but says that the bylaw transcends property ownership to protect the environment.
Cowley calls both the bylaw and environmental study “a needless expense.” He says that beachfront owners are overall respectful of the sand dunes along the shoreline, and believes that further environmental measures that could come from the permanent bylaw would have no effect on the dynamic beaches.
Cowley is also concerned about potential implications for beachfront property owners looking to sell in the future.
“If beachfront owners can’t do anything with their properties, then that will in turn devalue their properties,” he says.
The township has until April 2025 to enact a formal bylaw. As it continues to be developed, Evans says that the council will be meeting with the stakeholders, including local contractors, and holding town meetings to get public feedback on the bylaw.
The township doesn’t necessarily want to stop all development, says Evans. Rather, the council is interested in looking at proposals on a case-by-case basis.
“I want Tiny to look the same to my grandchildren as it did for my grandparents,” says Evans. “Finding the balance between having a natural beach dynamic and building when necessary will be the key.”
Several cottage associations within FoTTSA have written to Paul Calandra, Ontario’s Minister of Municipal Affairs, for assistance in preventing the permanent bylaw from going into effect.
“This is about a beach rights council trying to control the beachfront,” says Cowley. “People in the township are not going to go quietly on this.”
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