Beach building bylaw washes ashore to Tiny council

A special meeting of Tiny Township committee of the whole was held recently to introduce a dynamic beach management draft bylaw, official plan amendment and zoning bylaw amendment for public input. 

Beaches within the township have long been a battleground between residents and visitors who yearned to walk unobstructed along the approximate 70-kilometre shoreline of Georgian Bay, and landowners who developed to the edge of the waterline which sometimes caused the beach to be inaccessible by pedestrians.

A rare municipal tool called an interim control bylaw was implemented in 2023 and 2024 as a means to halt new development until a proper bylaw could restore order, with a costly dynamic beach management study initiated.

“As part of any interim control bylaw, a requirement under the Planning Act is that a study needs to be done to determine what should occur to rectify the situation or improve the situation upon which that interim control bylaw was based,” said MHBC partner Jamie Robinson during the short meeting.

“The Planning Act confers existing development rights through non-conforming use provisions within it,” said Robinson, “so how do we balance those factors with the dynamic beach processes, the environmental protection requirements, and the flood and erosion hazard?”

Four proposed modifications to the township’s official plan included identifying dynamic beach locations, creating  frameworks to manage site alteration in those areas as well as zoning bylaw provisions to manage buildings and structures, and establishing criteria to evaluate those zoning bylaw amendment or minor variance applications.

For the zoning bylaw amendment proposed modifications, an overlay zone would be identified, a framework established for enlargement, repair, replacement or renovation of existing non-complying buildings or structures in dynamic beach areas, and setbacks would also be established including retaining walls within the overlay zone.

“(The zoning bylaw framework) is the piece that really deals with striking that balance,” said Robinson, “between what's existing versus protecting the natural environment.”

Finally, the proposed dynamic beach management bylaw would: recognize and protect the dynamic nature of the beaches, hazard impacts, and their ecological value while being developed; require a permit for all site alteration, building and structures in the management area; and the rules around those permits.

With a deadline of mid-Spring 2025, Robinson noted that it would be important to “get it right” while maintaining efficiency. A staff report listed all relevant documents along with a draft timeline which looked at a public information centre and statutory public meeting for February.

Council approved accepting the draft bylaw for public engagement with staff to report back in April with a final bylaw.

Following the meeting, CAO Robert Lamb called it a complex issue due to there being no blanket policy for the 70 kilometres of shoreline, adding that other municipalities would be looking at Tiny’s outcome to implement their own protections and allowances.

“It's not a Tiny Township issue; it is an ‘anywhere along the Great Lakes St. Lawrence seaway’ issue,” said Lamb, “and I'm hoping that this (resolution) is the beginning of many to come.”

Deputy Mayor Sean Miskimins had lead a beach rights group prior to being elected, and used it as a running platform. “I think it's validating,” said Miskimins after being directed by the Ministry of Natural Resources and Forestry to make shoreline alteration management a municipal duty. “We were able to get something done and (with) all of it being rooted in science.”

Public works director Tim Leitch said that the bylaw would mean people looking at creative ways to manage their properties while working for the balance which the township was aiming toward. 

“If there's different opportunities or approaches people want to take,” said Leitch regarding permit applications, “then staff and our consultants can review it, through (planning and development director Maryann Hunt)’s group and my group, and obviously through our consultants at MHBC – that we can make sure we review what their needs are and come up with proper solutions for their inquiries.”

The dynamic beach initiatives and draft management bylaw reports can be viewed on the agenda page on the Township of Tiny website.

Archives of council meetings are available to view on the township’s YouTube channel.