4. THE ISSUES
Through public feedback at three public hearings and numerous written
submissions and e-mails, the Committee was able to identify a number of issues
relating to shoreline and beach management in the RM of Victoria Beach. Additional
sources provided information that was used to elaborate and supplement this issue
list. These sources included, technical literature and reports, provincial and local
government officials, site visits, consultation with experts and the knowledge and
experience of individual committee members.
The committee believes that these issues represent the important questions that
must be addressed to resolve the present controversy regarding shoreline erosion;
to solve a number of existing shoreline problems; and to prevent a recurrence of
these problems and controversies in the future.
The issues are grouped into seven categories. Many of these issues are really
problem statements couched in neutral language that avoids drawing conclusions.
The committee’s analysis and resulting conclusions about each of the issues is
presented in Section 5 of this report.
Legal Issues
There are a number of legal issues surrounding shoreline management in the RM.
 A glance at the attached map reveals a variety of jurisdictional authority over
the shoreline of Victoria Beach. The RM has direct control over only about
50% of the shoreline. The province of Manitoba oversees about 40% and
private property rights cover the remainder.
 There is a civil case before the court that is testing an important aspect of
shoreline jurisdiction.
 The common law imposes restrictions on what can be done on private
property (as do certain municipal by-laws).
 There are other players who can affect jurisdiction over certain aspects of
shoreline management through federal and provincial legislation (Canada
Fisheries Act, Manitoba Environment Act).
 Many rate payers in the RM feel that additional by-laws are required for
more effective control of the shoreline by the RM; and that those by-laws
already on the books directed at shoreline issues are ineffective due to lack of
enforcement.
 The province of Manitoba provided assistance to land owners who
experienced flooding due to the high water levels experienced on Lake
Winnipeg in the fall of 2010; but did not assist owners whose property
suffered erosion as a result of the same high water levels.
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Planning Issues
Land use planning can be an effective tool in preventing conflict between uses and
users, and between land uses and the environment. There are several land use
planning issues that require attention in the RM.
 The RM has a land use plan but it was prepared some time ago (1969) and
requires updating. It has virtually nothing substantive to say about the
shoreline of the Municipality that could address all of the outstanding issues.
 There is a process underway to prepare a new plan however there does not
seem to be much in the way of local ownership of either the plan or the
planning process; the process seems to be moving slowly; and the draft plan
still has little to say about the specific details of the diverse shoreline of the
RM. Whether or not a document at the level of a development plan (vision,
guiding principles, etc.) can or should provide the level of detailed analysis
required to manage this diverse shoreline, is a question that needs to be
resolved.
 Although the concept of a public shoreline reserve seems to be a generally
accepted principal at the provincial level, there appears to be considerable
confusion about how in applies in the specific jurisdictional circumstances of
Victoria Beach.
Science Issues
Shoreline erosion, protection and management, and beach formation, erosion and
management are complex topics on which there has been extensive research and
analysis. There are a number of issues relating to the application of that science to
the specific circumstances prevailing in the RM of Victoria Beach.
 Throughout its public process the committee heard conflicting
interpretations of the science of shoreline and beach dynamics, and it was
not immediately obvious which were the “correct” views and how these
conflicts could be resolved.
 Much of shoreline science relies on research performed in environments that
differ from the conditions in the RM of Victoria Beach and it is not always
easy to evaluate the transferability of this information.
 It is apparent that there is a lack of data on the processes that affect the
shoreline of the RM – or at least a lack of a coherent database for those
processes (there may well be data in various government files that would be
useful – such as old shoreline surveys – but that will need to be obtained and
analyzed).
 There is significant local knowledge – the experience of fishers, First Nations,
cottagers and other lake users – that may provide useful data to assist in
future shoreline planning and management; but it is as yet uncollected and
undocumented.
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The public feedback received by the committee revealed that many residents
of the RM believe that science will provide an unequivocal “right answer” to
their shoreline issues.
Equity Issues
Many activities have been undertaken over many years in the RM that affect the
shoreline. There are also a variety of interests in the shoreline including people who
own property facing the lake and people who use the beaches. In considering ways
to resolve shoreline issues, history and interests introduce fairness and equity
considerations.
 A number of shoreline works have been constructed over the years along the
shoreline throughout the RM; some with government approval, some
without and others apparently not requiring approval at the time. Future
shoreline planning may require the removal of some of these works. This will
raise complex issues of fairness and equity.
 Set back distances for cottages that were thought to be adequate in the past
may no longer make sense in light of recent erosion experience.
 Any meaningful future shoreline management will incur new costs – for
enforcement, studies, possible capital works – and who pays will be
contentious.
o All rate payers?
o A higher proportion by lakeside property owners?
o Should the Province contribute?
 Time and again the committee heard from residents how important the
beaches were to them. Consistent free, uninhibited and safe access to all
public beaches is an issue that requires attention.
 It is clear that some shoreline properties are more vulnerable to erosion than
others, and that some have suffered considerably more damage than others.
Whether or not to give special consideration to these at-risk properties is an
important question.
 The placement of shoreline protection works is a very contentious issue in
some parts of the municipality. Intricate legal issues relating to where the
“new” property line is located when shoreline erodes is an important issue in
determining if protective works are built on private or public property.
 While the regulation of Lake Winnipeg may not have “caused” erosion to
occur there may be other operating rules that would reduce the risk to
erosion prone shoreline.
 It is acknowledged that the high Lake level in October 2010 was the cause of
flooding in the RM and combined with extreme winds was also the cause of
much of the shoreline erosion that occurred at that time. The province
provided assistance to the RM in those areas where inundation of property
occurred but provided no assistance in those areas where erosion was the
problem. The end result in both instances was damage to property (or loss),
and the proximate cause in both cases was the same.
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Community Issues
During the public hearings, although there were strong differences of opinion and
deep divisions among participants, these were differences within a community of
interests; but the community has some challenging issues to resolve.
 The size and demographics of the Rural Municipality give rise the question
– does the municipality have the capacity to deal with the complex
shoreline and beach management issues?
 Although there is a stronger sense of community here than in many
municipalities, there are also some unique tensions – new vs. old, shoreline
vs. back lot; large vs. small – that require resolution if the cohesion that will
be necessary to implement management is to be achieved.
 The problems with which the RM is now faced relate to existing
development, and some of those problems as a result of inappropriate
development; but there are still vacant land areas in the municipality and it
is likely that pressure will build to develop these areas in the future.
 To launch a successful shoreline management program the Rural
Municipality will have to look at some different approaches. The
municipality is small and has limited capacity. Also traditional approaches
have not worked that well. Additionally there appears to be a fairly strong
current of resistance to change – understandable given the many
community “traditions” enjoyed by residents - but not an atmosphere
conducive to innovative approaches.
Governance Issues
Good governance lies at the heart of successful public issue management and
problem solving. That there are governance issues to be faced by the RM of Victoria
Beach does not imply poor governance. Most of these issues are faced by all local
governments and some relate to the unique circumstances of this RM.
 Specific to the shoreline issues and controversies of Victoria Beach the
process by which shoreline (protection) works are approved or rejected is
not well or widely understood. It lacks proactive engagement of the
community, transparency, timeliness, and apparently consistency.
 There is no consistency between the process used to approve or reject
shoreline protection proposals in the municipalities surrounding Lake
Winnipeg. In some instances there is no local process at all, and at the other
end of the scale a well documented formal process.
 The full cycle of governance – vision-plan-regulations-compliance – is not in
evidence here.
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Although the provincially sponsored Shoreline Erosion Protection Committee
provides advice to municipalities on request, there is otherwise not a strong
working linkage between the province and the RM on shoreline erosion
issues.
Risk management is a very useful tool in planning for unpredictable events
such as flooding and shoreline erosion. It needs to be more fully integrated
into the RM’s planning processes.
Financial Issues
Good governance is merely an aspiration unless it rests on a foundation of solid
financing. Although the financing issues facing Victoria Beach are not unique to the
Municipality, its unique circumstances render some of these issues more acute here.
 The relatively small tax base and the fact that many of the rate payers are
seasonal residents offers a particular challenge to this Rural Municipality.
Others include the challenging fiscal environment under which all
governments are now operating, and the possible resistance of some “inland”
residents to paying for managing the shoreline.
 The RM will have to steer through the complexity of understanding all the
possible sources of funding for shoreline management. Broadening the
source of funding will almost certainly be critical and this will require
demonstrating applicability elsewhere in Manitoba of activities undertaken
in the RM.
 There are a variety of funding instruments that need to be examined – some
like a local improvement district are fairly common – while others – like
public private partnerships – will be venturing into new territory.
 The “ouch point” of the taxpayer has to be taken into account. The degree to
which citizens are prepared to pay for shoreline management and beach
protection will undoubtedly be tempered by an aversion to increased taxes.
 There may be options that would solve a particular problem but that would
not be economically feasible.
 The province of Manitoba collects revenue from Manitoba Hydro’s use of
Lake Winnipeg water to generate electricity (but apparently not for the
specific use of Lake Winnipeg as a reservoir). It is legitimate to ask how this
revenue is employed in relation to Lake Winnipeg interests.
Ecological Issues
Shoreline erosion and beach preservation are affected by a number of ecological
influences. Several of these influences are presently contributing to the problems
but also offer opportunities to make a positive contribution to future improvement.
 The most critical factor influencing shoreline issues in this municipality is
the level of Lake Winnipeg. The direct cause and effect relationship between
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lake levels and flooding is obvious, but that same connection relates to the
most dramatic shoreline erosion issues as well.
Although there is extensive land drainage in the RM (every road is
accompanied by two drains) there is no drainage plan for the municipality.
And there are also many drainage pathways to the lake shore on private
property. Flow in these pathways can cause direct erosion and by saturating
the bank can indirectly contribute to erosion and bank failure.
Vegetation can enhance bank stability but there seems to be little control
over vegetation clearing and no local plan for shoreline and back-shore
vegetation enhancement.
There are areas of shoreline consisting of sand dunes and sand banks along
the shore that foot traffic can render vulnerable to erosion and slumping; yet
there are no controls in place to prevent this disturbance.
The impact of climate change on Lake Winnipeg (and on the processes
affecting the lake shore) is not known.
The foregoing list represents the committee’s best judgement of what it believes to
be the salient issues facing the RM that require resolution if present shoreline
problems are to be remedied and future problems prevented.
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