Coastal land use

The boundary between private land and Crown lands along the coast is normally the Ordinary High Water Mark (OHWM). The mark represents the average of normal high tides at a specific location and may be formally identified by a licensed surveyor.

The “dry” part of the beach, known as the backshore, is typically owned by the adjacent property owner. The “wet” part of the beach, or foreshore, which is exposed when the tide goes out (the intertidal area), is Crown lands owned by the province.

The province also owns submerged Crown lands and adjacent water columns, including inland waters and coastal areas such as parts of the Bay of Fundy, Northumberland Strait, Gulf of St. Lawrence and Bay of Chaleur. These areas are administered by the department, with other provincial and federal agencies also having jurisdiction in certain circumstances.

Property owners may undertake erosion control measures to protect their land, but only on their own property above the Ordinary High Water Mark and with all required municipal, provincial and federal approvals. All erosion control works must comply with the Provincial Coastal Areas Protection Policy. In limited or special circumstances, erosion control works may be considered on Crown lands below the Ordinary High Water Mark.

Motorised vehicles are not permitted on beaches under the Provincial Trespass Act. Garbage or debris located below the Ordinary High Water Mark should be reported to the department, while debris located above the Ordinary High Water Mark is the responsibility of the adjacent property owner. Single, private moorings for non-commercial use are currently permitted on submerged Crown lands without a permit.

Most works or structures proposed along the coast require approval. Any work located on the beach or on Crown lands below the Ordinary High Water Mark must be reviewed and approved by the department. Proposals should be forwarded to the local regional service commission or the Department of Environment and Local Government. Any proposals involving Crown lands, below the ordinary high-water mark, should be directed to the Crown Lands Application Service Centre and the local regional service commission.

Works proposed landward of the Ordinary High Water Mark may require approvals from the local regional service commission, municipality, or the Department of Environment and Local Government, depending on the location and nature of the project.

Permanent structures such as wharves, boat ramps, breakwaters, or erosion control works are subject to provincial and federal legislation and may require multiple approvals. Some types of works that may negatively affect the coastal environment, such as groins or infilling, are generally not approved on Crown lands except under special circumstances.

The Provincial Coastal Areas Protection Policy (PDF 355 KB) establishes development standards and setback requirements for new coastal development on both upland and beach areas. The policy is intended to protect coastal features such as beaches, dunes, salt marshes, rock platforms and dyked lands. Existing lawful development is permitted to remain.

In addition to land use approvals, certain activities in or near coastal waters may require authorization under the Watercourse and Wetland Alteration Regulation.