One of the District of Invermere’s four community priorities is entering the official creation stage.

District council Oct. 23 passed the first reading of Lake Windermere Surface Zoning Bylaw No. 1460.

“Endorsing the recommendation will commit the District to a continued public consultation process involving advertisement and a public hearing to hear the opinions of the proposed Lake Windermere surface zoning for the area within the district boundaries,” explained Rory Hromadnik, district Director Development Services in a report to council.

A public hearing will be held on Nov. 20 at 7 p.m. in the district’s council chambers.

“Input will be gathered, compiled and considered in the preparation of a District of Invermere Lake Windermere Surface Zoning Bylaw to be brought forward for adoption,” Hromadnik stated.

“The Lakeshore Zoning initiative is consistent with all four community priorities: Ensuring economic viability, protecting the environment, enriching community life and partnering for success.  The initiative is also consistent with a number of Strategy areas and their associated descriptions of success,” he noted.

According to Hromadnik’s report, the Lake Windermere Management Plan (LWMP) was adopted in February 2011.  The implementation of priority recommendations identified within the Plan was initiated as a joint project of the District of Invermere and Regional District of East Kootenay (RDEK). The two priority recommendations were:  establishment of a Lake Windermere Management Committee to lead the non-regulatory lake management measures and implementing the proposed local government regulations (surface water zoning and Development Permit Areas).

“The Lake Windermere Ambassadors were appointed by the RDEK as the Lake Windermere Management Committee (LWMC) in August 2011.

“Preliminary consultation on the implementation of the recommended local government regulations was undertaken in 2011.  Open houses were held in August and September of 2011 and have continued through 2012, including the District led open house held on July 31, 2012 at the community centre.”

An area of concern with council, as expressed Oct. 23, is the proliferation of mooring buoys at certain areas on the lake following the start of the lake surface zoning process, as people raced to ‘grandfather’ their buoys.

“We saw an influx in August, once the RDEK started talking about grandfathering of buoys,” said district Chief Administrative Officer Chris Prosser.

An area of the lake that has seen a dramatic rise in buoy numbers is along the CPR line between the lakefront condos and James Chabot Provincial Park, he said.

Nagivation Canada regulations mean a good number of the buoys will be non-compliant, Prosser said, noting that the district has to adapt the same “Nav Can regs.”

Mayor Gerry Taft asked if the district knew how many buoys meet the federal requirements, such as the need for a 40 foot swing for boats moored to buoys. That 40’ cannot intrude on foreshore limits.

Prosser replied that most around the Fort Point area meet the requirements but “the ones around the CPR – I don’t believe there are any in compliance.” He estimated that there are 50 to 75 buoys in that area. “And they increased substantially since then (August).”

According to Hromadnik’s report, “In summary, the proposed new surface zoning bylaw the permitted use(s) and siting of in-water structures are proposed to reflect the following uses: Institutional uses – incorporates recreational use.  Regulations related to Parks (i.e. Lake Windermere Provincial Park, Windermere Beach Regional Park) and in-water structures associated with utilities; Residential – regulations related to the number and siting of private individual docks, swimming platforms, associated structures (i.e. boat lifts) and mooring buoys.  The zone would be applicable to waterfront properties; Group moorage – regulations related to mooring buoys and docking facilities utilized and managed as group moorage facilities.  It is proposed that the zoned area be the same as the Crown lease or licence of occupation.  The zone would be applicable to all marinas and group moorage, except for those associated with a commercial operation; Commercial – similar regulations to Group Moorage but with specific regulations related to commercial marinas and accessory commercial uses (i.e. gas station, convenience store),” Hromadnik outlined.

Taft said the concept of surface zoning the lake was initially controversial because of a general misunderstanding by some people, especially second home owners.

However, most peoples’ concerns were alleviated when they realized “we’re not banning boats. It isn’t anything to get too excited about,” Taft said. “I don’t see a huge concern at this point about any lack of consultation.”

Ian Cobb/e-KNOW

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