I’ve been renting dock space lately since I don’t use it and several friends have asked if I’d be interested in renting my dock since it’s on the other side of the bridge and not the marina.
Obviously, I don’t need to hide my dock rental ad, because for me, renting my dock is quite normal if I don’t use it. It allows me to pay the dock launching fees and the municipal tax! In a way, this rental covers the cost of the unused dock. The cost of launching a dock is $60 per 10-foot section and $150 for the boat lift. The same fee applies in the fall.
So I placed an ad on Facebook offering my dock space for rent in North Hatley. To my great surprise, a few days later, after I had applied to the inspector for a dock installation permit, the municipality sent me a screen print with my Facebook ad, telling me that they had clearly identified me with my name and face, and that it was forbidden to rent your dock for consideration (exchange of money), since this was the famous “extensive water-related activity” prohibited in the area where my dock was located, i.e., in the heart of downtown behind the Mercantile.
Response e-mail from the municipality when requesting a dock permit
In fact, the inspector pointed out that this was the famous “extensive water-related activity”, prohibited by urban planning regulations on almost the entire territory. Only certain zones are set aside for this purpose: P-8 (municipal beach), P-9 (federal wharf) and C-9 (far from the lake). Admittedly, I was very impressed that the municipality took the time to scrutinize my Facebook profile to prohibit me from renting a private dock. Especially since, according to my fellow citizens, responses from the municipality both by phone and e-mail are slow. In my case, it was almost instantaneous!
Despite my reading and rereading of municipal bylaws, I missed the bylaw prohibiting the rental of private docks. Especially since I’d noticed that several residents seemed to have been renting out their docks for several years. I must have missed it! Still, I think it’s a good idea. What’s more, there are few or no docks available on the other side of the North Hatley pedestrian bridge. All pontoon boat owners are looking for solutions, as it’s very difficult for them to pass under the bridge for most of the season. And if you like the village of North Hatley, you don’t want to put your boat in Ayer’s Cliff. People want to enjoy the village without having to cross the lake every time.
Once again, I’m neither a lawyer nor an inspector, but it seems to me that the “extensive water-related activities” by-law is being applied very “broadly”, especially in this case. I consulted a lawyer to understand the municipality’s reprimand of my intention to rent a dock for a fee (in exchange for money). Even the lawyer who specialized in municipal law had mixed feelings! Imagine the common man!
My personal understanding is that a private dock is real estate, just like my house and parking lot. When I rent out my house for 31 days or more at the water’s edge, is this an extensive water-related activity? Indeed, people will pay to enjoy the house, sit on the dock, moor their boat, swim or use watercraft to navigate the lake. With my limited understanding, this also seems to me to be an extensive water-related activity that would prohibit all houses and cottages from being rented on a short or long-term basis. In fact, the rental of a private dock is for the season, and therefore for more than 31 days. So, if I rent out my waterfront property, is it still an extensive water-related activity? If so, I can’t even rent out my land? Ideally, I wouldn’t be able to rent out my house? Whew…
If I take this a step further, a sauna that uses the lake for cold-water swimming, or a fishing guide who takes his clients fishing on the lake from his dock in the river, would then be extensive water-related activities, and even more so, extensive water-related commercial activities?
Could we say that a dock at a restaurant that welcomes customers would then be an extensive water-related commercial activity and therefore also prohibited? All forms of marinas, multi-space docks or rental spaces for boats and non-motorized watercraft would therefore be prohibited by this by-law. But why are all these activities currently permitted?
However, all these activities must be carried out in a zone where the by-law permits extensive water-related activities. But what are the zones where extensive water-related activities are permitted? As I understand it, only in zones P-8, P-9 and C-9. Correct me if I’m wrong, of course! This means that no businesses, not even the North Hatley marina, are allowed to engage in extensive water-related activities. And here’s where the cat’s out of the bag: when we asked about these extensive water-related commercial activities, the municipality claimed acquired rights for all these businesses. We therefore asked for proof of these acquired rights, since anyone claiming an acquired right must prove it.
Références
Plan de zonage de North Hatley
Règlements d’urbanisme
P-8 corresponds to the federal wharf, i.e. the public descent.
P-9 is the municipal beach.
C-9, a non-waterfront zone (you read that right!).
Interestingly, since C is a “commercial” zone, the only zone where extensive water-related “commercial” activities are permitted is C-9. An area which, I remind you, is not located on the water’s edge. Only the public wharf and the municipal beach allow for extensive water-related activities in North Hatley.
North Hatley Zoning By-law specifying the extensive water-related activities permitted in zones P-9 and P-10 with note 3 specifying that they must be organizations under the jurisdiction of a public authority. As of May 12, 2025.
Zones P-9, P-10 and C-9 where extensive water-related activities are permitted as of May 12, 2025.
All this remains complicated for citizens who, unlike municipal employees, are not paid when they try to understand zoning and zoning bylaws.
If anyone has more information on this subject or case law, please share it here by commenting on the article or writing to me directly, as I have the impression that the “Extensive Water-Related Activities” regulation is very widely used in many contexts.
On that note, learn from my error, which I have corrected. Do not attempt to rent your dock for a fee to avoid prosecution by the municipality of North Hatley. In fact, the management came to the dock and threatened to sue us. It’s funny, because this is the fastest service we’ve received in recent years from the municipality of North Hatley.
In conclusion, don’t rent out your dock for a fee! You don’t have the right, since this is an “extensive water-related activity” permitted only at the municipal beach and the federal wharf. All other businesses or individuals involved in extensive water-related activities have “acquired rights”, according to the municipality’s management.
What’s more, according to the current zoning, this is not permitted at the North Hatley Marina. It’s undoubtedly an acquired right, like all the other businesses that do these activities.
On that note, be generous this summer. Give your good friends access to your waterfront property!
