Private breakwater follows all provincial rules, ministers say

A controversial development along the shoreline in Point Deroche followed all provincial development and buffer zone rules, two cabinet ministers said during question period Friday.

Coldwater Consulting was contracted by the property owner, a family from Toronto, to build a large rock breakwater that, at least following post-tropical storm Fiona, reaches right down to the waterline.

During question period Opposition leader Peter Bevan-Baker said the construction is "in clear violation" of watercourse and wetland protection regulations under the province's Environmental Protection Act.

He also questioned how the development meets the restrictions listed in the province's coastal property guide, which stipulates that "almost all activity" within the 15-metre buffer zone along a waterway is prohibited.

"Not only did this government permit the development, despite a widespread public outcry as we stand here today, work continues," Bevan-Baker said.

"This government allowed this to go ahead, despite the laws of our province."

Minister of Land Darlene Compton said a building permit was issued for the development because "it was replacing a property that was there before, a building that was there before, and actually, the new property is back further than the existing property was."

Compton's department previously told CBC the development was allowed under a "grandfathering" provision, because a previous structure and rock wall existed on the property. The new construction was allowed to go over the footprint of the old structure.

That "grandfathering" provision isn't specifically included in the Environmental Protection Act. Rather, according to an email from the province, it's based on a "working policy" agreed to between the departments of land and environment, stipulating that structures built on lots that encroach on the buffer zone "can remain there but any new additions or modifications cannot encroach any further seaward."

The same policy allows property owners to reinforce or rebuild existing erosion control structures like seawalls.

"You're insinuating that somebody broke the law, and they didn't," Environment Minister Steven Myers said during question period. 

"They followed all of the rules. The contractor followed the rules as prescribed to them. They notified the department that they were doing work in the buffer zone, which they're allowed to do. … It was determined the house isn't inside the buffer zone."

Earlier this year Myers vowed to crack down on property owners who do commit buffer zone violations, by increasing the maximum fine from $3,000 up to $50,000.

On Friday he said his department is considering further action against another property owner whose tree cutting caused significant damage to a nearby oyster lease.