Fence stoking tensions between beachgoers and Constance Bay property owners over beach access

A fence erected along a beach in Ottawa's rural west is stoking tensions between beachgoers and waterfront property owners who have long been at odds over whether the beach should be accessible to the public.

Most residents who own waterfront properties in Constance Bay have signs up claiming their property rights extend to the shoreline. This past May, a more robust enclosure went up at a rental property at 122 Lane St.

It's not the first time a property owner has blocked access to the beach with a fence. This time, it's more than just a line in the sand. It runs across a section of the beach and into the water – and it's causing a split in the tight-knit riverside community over public use of the beach.

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"A lot of people are so burnt-out by it," said frequent beachgoer Juliann Wright. "It makes me sad too but I'm not quite ready to give up yet.

"The beach should be available to everybody, not just a select few that think they are entitled to it."

Property owners, beachgoers at odds

Like others who frequent the Constance Bay waterfront, Wright lives elsewhere in the community. She described her visits to the beach as something like "heaven."

Wright said her personal paradise has been disrupted by property owners trying to exclude people from stretches of the beach. She said that while she often walks along the beach, those excursions have been leaving her "feeling uncomfortable and potentially threatened" lately.

"I've been told to get off the beach, period," she said.

"I just find this very draining to think … for something that's so beautiful, that people don't want to share it."

Other beachgoers said they worry about what restricted access to the beach will mean for their pets.

Albert Eggink said he's been visiting Constance Bay for the past three years with his dogs, since it's one of the few dog-friendly beaches in Ottawa. He said he fears the reduced area accessible to the public will make it harder to let his dogs roam off-leash.

"[It] was a lot more accessible, a lot more room, more space," Eggink said. "Now it's shorter, more crowded, more dense and the dogs … they need room to run."

Area property owners, meanwhile, say they are frustrated by the number of visitors who leave the beach covered in trash and other waste.

Pamela Thomson's family has owned a cottage in the area for more than 60 years. She said people have been taking advantage of beachfront properties like hers for the past decade by trespassing and leaving garbage, urine and fecal matter in the sand and water.

Since the pandemic, she said, the situation has gotten worse. Thomson said more people from outside Constance Bay visited the beach while other city-supervised beaches were shut down.

"I think what it's created ever since then is this protectionist thing, where people feel like, 'I have to protect my property, I have to protect my rights,'" she said.

Thomson said she's posted a sign that instructs passers-by to "keep walking" toward the shoreline and away from her property. She said she understands why other property owners are turning to other measures.

"That's how bad I guess it's gotten, that now people feel that they have to put up fences because people don't even respect the signs," she said.

CBC News reached out to the Lane Street property owners, who have not yet responded to the request for comment.

Public or private?

So, who actually owns the beach?

The City of Ottawa owns 39 road access points to the beach throughout Constance Bay. But Dan Chenier, general manager of recreation, cultural and facility services at the City of Ottawa, said the city doesn't own the shorelines — which is why it doesn't erect its own signs or post lifeguards at the beach.

Clarke Kelly, city councillor for West Carleton-March — which encompasses Constance Bay — said he has received "many" questions about the fence at the Lane Street property.

"While it is sad to see these changes happening, property owners wishing to delineate the boundaries of their property are permitted to do so, providing they refer to their [legal] survey and in consultation with the City of Ottawa's fence bylaw," Kelly wrote to his constituents in May, when the fence went up.

For fences that extend to the shoreline, he said, property owners should consult the Mississippi Valley Conservation Authority or the Ministry of Natural Resources before erecting fences.

Kelly said his office reached out to both authorities regarding the Lane Street fence. The Mississippi Valley Conservation Authority confirmed the fence does not require a permit because it doesn't affect the movement of water. Kelly said he is awaiting a response from the Ministry of Natural Resources.