1 To: Municipal Council Date: Municipality of the District of Clare 1185 Highway 1 Little Brook, Nova Scotia B0W 1M0 Via Email : cao@munclare.ca Chief Administrative Officer – Stephane Cyr RE: LEGAL OBJECTION TO PROPOSED “ RESIDENTIAL ” DESIGNATION OF WOODED AND LAKEFRONT LANDS PART I – INTRODUCTION AND NATURE OF OBJECTION This submission constitutes a formal legal objection to the proposed redesignation of extensive woodland and lakefront lands within the Municipality of the District of Clare from rural or agricultural classification to Residential designation under the pro posed Municipal Planning Strategy and Land Use By - law. The lands in question consist primarily of: • Privately owned woodland parcels; • Lakefront cottage and seasonal - use properties; • Mixed - use rural parcels containing forestry, seasonal, and recreational uses; • Areas lacking urban or suburban infrastructure; • Areas historically and functionally rural in nature. The proposed blanket Residential designation fails to reflect the actual land use , infrastructure realities , and planning context of these areas. PART II – FAILURE TO MEET FUNDAMENTAL PLANNING PRINCIPLES Under established Nova Scotia planning law and principles applied by the Nova Scotia Utility and Review Board, zoning must reasonably reflect: • Existing land use patterns; • Infrastructure availability; • Demonstrated development need; • Long - term planning necessity. The proposed Residential designation fails to meet these criteria 2 Specifically, woodland and lakefront areas in Clare are characterized by: • Seasonal and recreational occupancy patterns; • Forestry and environmental land stewardship uses; • Absence of municipal sewer infrastructure; • Absence of urban service infrastructure; • Low - density rural access roads; • Non - urban environmental constraints. These characteristics are incompatible with conventional Residential zoning designation PART III – INFRASTRUCTURE DEFICIENCY AND UNSUITABILITY FOR RESIDENTIAL DESIGNATION Residential zoning presupposes the reasonable availability, either presently or in the foreseeable future, of infrastructure necessary to support residential development. The woodland and lakefront areas affected by the proposed redesignation generally lack: • Municipal sewer systems; • Municipal water systems; • Urban - standard road infrastructure; • Emergency service infrastructure consistent with residential density; • Infrastructure planning or funding commitments indicating future servicing. Absent such infrastructure, Residential designation is premature, unsupported, and inconsistent with sound planning practice. PART IV – FAILURE TO REFLECT EXISTING LAND USE REALITY The woodland and lakefront areas include numerous properties used: • Seasonally for cottages; • Intermittently for recreational purposes; • For forestry and woodland management; • As undeveloped woodland parcels held for conservation or future unspecified rural use. Residential zoning designation improperly characterizes these lands as primarily residential in nature when, in fact, they are primarily: • Recreational; • Seasonal; • Environmental; 3 • Forestry - based; • Rural. This constitutes a fundamental mismatch between zoning designation and actual land use reality. PART V – CREATION OF LEGAL NON - CONFORMING USE RISKS The redesignation to Residential may create legal non - conforming status for: • Forestry uses; • Accessory structures exceeding residential limitations; • Seasonal - use structures not meeting residential code requirements; • Existing structures and uses historically lawful under rural designation. Legal non - conforming status introduces uncertainty, restricts reconstruction rights, and interferes with established lawful land use expectations. Such impacts constitute significant interference with established property rights PART VI – ENVIRONMENTAL AND LAND STEWARDSHIP CONSIDERATIONS Woodland and lakefront lands serve critical environmental and ecological functions, including: • Watershed protection; • Wildlife habitat preservation; • Forest resource management; • Shoreline environmental stability. Residential zoning designation increases the risk of: • Fragmentation of woodland areas; • Increased development pressure; • Environmental degradation inconsistent with sound environmental planning. PART VII – ARBITRARY AND OVERBROAD APPLICATION OF RESIDENTIAL DESIGNATION The application of Residential designation across extensive woodland and lakefront areas appears to have been applied broadly without parcel - specific analysis of: • Infrastructure suitability; • Environmental constraints; 4 • Actual land use patterns; • Development feasibility. Such broad, undifferentiated zoning application constitutes unreasonable planning practice PART VIII – FAILURE TO DEMONSTRATE PLANNING NECESSITY No evidence has been presented demonstrating: • Immediate or foreseeable demand for residential development in these woodland areas; • Infrastructure planning supporting residential growth; • Necessity for residential designation to meet municipal planning objectives. Absent demonstrated necessity, such redesignation is premature and unjustified PART IX – REQUESTED RELIEF Accordingly, it is respectfully requested that Council: 1. Remove Residential designation from woodland and lakefront lands; 2. Maintain Rural and/or Agricultural designation for woodland and lakefront areas; 3. Undertake proper land use classification reflecting actual land use and infrastructure conditions; 4. Avoid imposing Residential designation absent demonstrated planning necessity and infrastructure capacity. PART X – RESERVATION OF LEGAL RIGHTS This submission is made without prejudice and with full reservation of all legal rights, including the right to appeal any adopted Municipal Planning Strategy or Land Use By - law to the Nova Scotia Utility and Review Board. Respectfully submitted, Your Full Name : Your Mailing Address : Your Email Address : Property Owner / Resident, Municipality of Clare Cc: Nova Scotia Department of Municipal Affairs - John MacDonald (Minister) – his assistant email: dmamin@novascotia.ca 5 Cc: All Clare councillors: emails - district1@munclare.ca , district2@munclare.ca , district3@munclare.ca , district4@munclare.ca , district5@munclare.ca , district6@munclare.ca , district6@munclare.ca , district6@munclare.ca