Life may be a Beach - but where can you do it?

[HS-748 2A]

What are the rules with regard to beaching floatplanes?

I have always been under the impression that no person can deny you moorage, (airplane or boat), along the shoreline of navigable waters anywhere but I've never put this to the test.

In the near term, I am headed to a small lake-side town with a floatplane.

The only suitable beach at this location abuts private property and the owner has reputation for getting quite ornery when people try to use "his" beach.

I have no aversion to asking politely - however, I was just wondering what is the jurisprudence here?

Is there some Maritime Act or any other law in my favour?

While it is always preferable to walk softly, I like to have a big stick ready as well, just in case.

Thanks in advance,


'48

[Apollo]

So, I don't know about lakes - but on the coast (from what I understand), is that it is public property from the high tide line down....

[HS-748 2A]

The lake in question is fresh water & not subject to tides.

It is part of an enormous river system however, which is navigable in its entirety.

'48

[Just another canuck]

You can't actually own the beach. It's government property from the water line to so many feet inwards... this number I am not sure of, but I think it varies depending on the location. This rule applies to properties on Lake Superior for sure, as my family owns one. And I know it applies to small inland lakes as well around my home town. If the water goes down and the beach grows, then so does your property, but the gov't will still own it's share.

So, pulling up on shore is one thing... you are definitely allowed as far as I'm concerned... but, there may be different rules on how long you can stay there.

[bushman705]

Good Morning ;

I believe it is 60' on lakes and rivers to what they call the high water mark. This are is public property so that no one owns shoreline. I have pulled my cub up on some public areas and it has always become an attraction to young and old for conversation and pictures taken along side. My 2 cents from Ontario.

[Bushav8er]

Good Morning ;

I believe it is 60' on lakes and rivers to what they call the high water mark. This are is public property so that no one owns shoreline. I have pulled my cub up on some public areas and it has always become an attraction to young and old for conversation and pictures taken along side. My 2 cents from Ontario.

Overall thats correct but there are occasions when you can buy more. A beached aircraft will rest about the waterline and keep in mind it has to be tied, likely to a tree which would be on private property.

Best to approach the shore and ask to beach, move to another location or moor.

[HS-748 2A]

This is what I found so far at:
http://www.salishsea.ca/resources/Ripar ... tsinBC.pdf

The Rights of the Crown and Public Use of and Access to Aquatic Crown Land

The Crown recognizes the importance of providing for public use of aquatic Crown lands and public access to and along the foreshore, but these are not public rights, and they cannot be guaranteed in all cases.
The public does enjoy a privilege or bare license to use the foreshore and other aquatic lands held by the Crown. The only rights that exist, however, are the right to land boats and to embark from the foreshore in cases of emergency, and the rights of navigation, anchoring, mooring, and fishing over those lands covered by water.

Not really in my favour like I thought it would be.

I can embark people in case of an emergency though. That's handy.

Learned a new term though, 'riparian rights' is what we're discussing.

Where are you guys getting your 60' mark rule?

'48

[bushman705]

The 60' mark was used to give you a good buffer any time when a shoreline was being used or a contruction of sorts saunas, camps, outboard sheds, etc. I agree the 48' mark measured over blow down, alder patches tripping through the bush with measuring tape in hand made 60' a generous line. If your beaching your aircraft permission makes life a lot easier for everyone.


Just another 2 cents no HST

[Walker]

If they have a farming license (oysters, fish etc) I believe they get a lease on the property that prevents one from landing;

[HS-748 2A]

If they have a farming license (oysters, fish etc) I believe they get a lease on the property that prevents one from landing;

The only clams on this trip will be the ones I bring with me.

As for "48" - That's my handle Bushman -

Cheers,

'48

[mr.jinks]

I think in some places the government has allowed people to buy their " shoreline allowance " ... I'm not entirely sure what the is or means.. but it's worth looking into.

[Driving Rain]

http://www.mnr.gov.on.ca/stdprodconsume ... 000084.pdf
Here's the Ontario Gumitup take on things.

In Manitoba the take is a little different.

Typically shoreline frontage is split between public and private ownership. ...
http://mspace.lib.umanitoba.ca/bitstrea ... Q35089.pdf

[who me ?]

In Ontario, it is possible to own the shoreline, including the low water mark.
The cottage I bought included it and all the paperwork. ( it is all up at Lake ,)
so I am can"t recite the exact wording and terms.

Also there is a section in marine Law which states some thing like , if you see some
one in disstress, or some one signs you in disstress, you are required to assist, as long as it does not put you in harms way.

[Widgeon Guy]

I have had lake property and in Alberta . Some property's were sold to the water line in the old days but is not very often. But what I was told, my property started 25 feet from the five year average high water mark. You would be best to call a legal secretary, or lawyer's office.
Or Google it.
I pulled a 180 up on the beach at a guys place and he was much the same. I took him for a ten minute ride. Best thing I could have done he guarded that thing like it was his own. If that doesn't try whiskey

[sheephunter]

Now, come on '48... with all of the Lakes in Canada the only place you can find to beach is at someones house that doesn't like planes?? Just teasing.

[Prairie Chicken]

As is coming out slowly here, I think the property line-shoreline ownership issue varies by provincial law. Those laws have also changed over time as I know way back when in SK you could own the property right to the waterline.

Anyhow, federal legislation trumps provincial or municipal. I can't comment on beaching an a/c, but know that frequently TC used to get complaints from lake property owners about a/c landing on the lakes. They weren't happy when told there was nothing illegal about it unless the pilot was operating negligently or recklessly.

[HS-748 2A]

I phoned the old guy before hand and cajoled him into letting me use 'his' beach.

He charged $5.00 / night. "just so nobody thinks I gave it to ya' for free~!"

'48