#!markdown
And more about municipal land, which is what the Shore is generally all about
and what many trails in the province are also all about
Muni land isn't Crown land. Municipalities are a creation of the province and
the feds. They are given authority to administer their lands through bylaws.
If the bylaws are silent then the trail is "unsanctioned". DNV, Metro has no
bylaws making it a criminal offence to build a trail or structure on public
lands.
There's total confusion and misunderstanding about this of course not helped
by the perpetuation of fictions. For examplle The NSMBA in their NSMBA 101
document (<https://drive.google.com/file/d/0BybBpJdymDJvYnBRbnJwWmR1ZkU/view>
see page 14- May 2015) reprints some language provided by the DNV saying that
the DNV has a bylaw on their books with language about "prohibition against
damaging a park in section 2 and the prohibition against erecting structures
in a park without a permit in section 8."
That gloss the DNV puts on their bylaw doesn't hold up to scrutiny. Their
bylaw (<http://www.dnv.org/upload/pcdocsdocuments/6zmv01>!.pdf)
s. 2 - No person shall cut, break, injure or in any way destroy, despoil,
remove or damage any tree,
shrub, plant, turf or flower, or any building, structure, fence, sign, seat,
bench or ornament of any
kind, or in any way foul or pollute any fountain, lake, stream, pool, pond,
well or spring in or on any
park, or injure, deface or destroy any notices, rules or regulations posted in
any park.
- This is about sabotaging park facilities. It's a big stretch to say this prohibits trailbuilding
s. 8 No person shall take up a temporary abode overnight in or on any portion
of any park, or obstruct
the free use and enjoyment of any park or erect, construct, or build or cause
to be erected,
constructed or built in or on any park, any tent, building, shelter or other
structure without a permit.
- This is about stopping squatting in parks.
Anyway - TL:DR. MoF and BC Parks have laws with criminal penalties against
trailbuilding so trails built on their land without permission are illegal.
DNV and Metro do not have bylaws criminalizing trail construction They have
bylaws with civil penalties against civil construction so trails built there
are unsanctioned. Outside Forest tenure and Parks land, trails built without
permits are unsanctioned.
May 13, 2015, 3:37 p.m. - Lee Lau
#!markdown And more about municipal land, which is what the Shore is generally all about and what many trails in the province are also all about Muni land isn't Crown land. Municipalities are a creation of the province and the feds. They are given authority to administer their lands through bylaws. If the bylaws are silent then the trail is "unsanctioned". DNV, Metro has no bylaws making it a criminal offence to build a trail or structure on public lands. There's total confusion and misunderstanding about this of course not helped by the perpetuation of fictions. For examplle The NSMBA in their NSMBA 101 document (<https://drive.google.com/file/d/0BybBpJdymDJvYnBRbnJwWmR1ZkU/view> see page 14- May 2015) reprints some language provided by the DNV saying that the DNV has a bylaw on their books with language about "prohibition against damaging a park in section 2 and the prohibition against erecting structures in a park without a permit in section 8." That gloss the DNV puts on their bylaw doesn't hold up to scrutiny. Their bylaw (<http://www.dnv.org/upload/pcdocsdocuments/6zmv01>!.pdf) s. 2 - No person shall cut, break, injure or in any way destroy, despoil, remove or damage any tree, shrub, plant, turf or flower, or any building, structure, fence, sign, seat, bench or ornament of any kind, or in any way foul or pollute any fountain, lake, stream, pool, pond, well or spring in or on any park, or injure, deface or destroy any notices, rules or regulations posted in any park. - This is about sabotaging park facilities. It's a big stretch to say this prohibits trailbuilding s. 8 No person shall take up a temporary abode overnight in or on any portion of any park, or obstruct the free use and enjoyment of any park or erect, construct, or build or cause to be erected, constructed or built in or on any park, any tent, building, shelter or other structure without a permit. - This is about stopping squatting in parks. Anyway - TL:DR. MoF and BC Parks have laws with criminal penalties against trailbuilding so trails built on their land without permission are illegal. DNV and Metro do not have bylaws criminalizing trail construction They have bylaws with civil penalties against civil construction so trails built there are unsanctioned. Outside Forest tenure and Parks land, trails built without permits are unsanctioned.