9 If Plan Land Adjoins Body Of Water

9 (1) Where the land intended to be included in a bare land strata plan adjoins a lake, river, stream or other body of water, the approving officer may refuse to approve it unless the owner-developer has provided by dedication without compensation a strip of land not exceeding 7 m in width along the bank or shore for the purpose of providing public access, if, in the approving officer’s opinion, it is in the public interest to do so.

• (2) Land dedicated under this section shall be measured from

• (a) the high water mark,
• (b) the controlled high water mark, or
• (c) the natural boundary of the lake, river, stream or other body of water as defined by the Land Act,

• whichever is applicable.
• (3) The amount of land provided for public access under this section shall not exceed 5% of the land in the bare land strata plan.
• (4) This section does not apply where the smallest strata lot intended to be created by the bare land strata plan exceeds 2 ha.

[am. B.C. Reg. 64/2021.]