| Cloud
Bay wetland is 25 miles south of Thunder Bay, Ontario,
and 12 miles from the Minnesota border. From our
windows we view Michigan’s Isle Royale just 14 miles
away. Our bay is small, enclosed, and is a relatively
warm-water bay protected from the ravages of Superior’s
capricious winds and threatening waves. Cloud Bay
is a cosy place to live and provides shelter for
a variety of wildlife and their young. TheOntario
Ministry of Natural Resources has designated it
a Provincially Significant Wetland. The shoreline
of Cloud Bay is unique; only 1% of Lake Superior’s
Canadian shoreline is designated Provincially Significant.
An Environment Canada atlas also maps the area as
environmentally sensitive for spawning fish and
migratory waterfowl.
Cloud
Bay, a Provincially Significant Wetland rescued
from development by citizen efforts. Credit:
Waino Jacobson |
Residents
of Cloud Bay have been enmeshed in a three year
battle to protect this treasured wetland from the
development of a trailer park originally envisioned
as housing as many as 300 to 600 trailers; the would-be
developer eventually scaled down the proposal to
70. In the summer of 1999 citizens of Cloud Bay
were horrified to see the clearing of the shoreline
at the Cloud River estuary in preparation for this
trailer park. The new owners of the land were preparing
for development apparently unaware of the sensitivity
of this marshland, which supports abundant wildlife.
Neighbours
scurried about sounding the alarm. A few met and
formed a committee. Neebing Municipal Council and
the investors were approached in a formal meeting
and informed of wetland concerns; in a heated dialogue
we learned that the developers already had the "go
ahead" to proceed with the development. The
Neebing Council fully supported the trailer park
project and announced that a new zoning bylaw would
be enacted within two months to accommodate the
development. The Neebing Council intended to rezone
the area from residential to commercial for phase
one of this project: essentially a village of stationary
" cottages on wheels". Yet the deal to
buy the site had not even closed.
Our
ad hoc committee took the issue to the settlement
of Cloud Bay as well as Little Trout Bay, on the
other side of the marsh. A number of concerned families
and citizens joined together to found the Shoreline
Stewardship Association of Cloud Bay and Little
Trout Bay with a mission of encouraging environmental
preservation and sound development on our shoreline
and to work for the common good in providing a forum
for discussion and resolution. Seventy families
(99% of households in the area) signed petitions
protesting the rezoning of the land. Two major public
meetings required under Ontario planning legislation
were held (Nov/99 and Jan/01). The halls overflowed
with citizens in opposition to the proposal. Shortly
after these meetings, the Neebing Council passed
a bylaw, changing the zoning of the land, despite
the loud protests of residents.
Titus Seilheimer of Wisconsin
and Kristina Kostuk of Ontario conduct research
in Cloud Bay. The area is environmentally sensitive
for spawning fish and migratory fowl. Credit:
Glen Dale |
The
Shoreline Stewardship Association of Cloud Bay and
Little Trout Bay began work to initiate an extensive
media and education campaign to increase public
awareness of the importance of the wetland, and
fundraising for an appeal of the zoning change.
Residents have contributed dollars generously, and
volunteers have donated endless hours to the effort.
We received a grant from GLAHNF to assist in the
campaign and we appealed the zoning change to the
Ontario Municipal Board (OMB), which is the Ontario
land use planning appeal tribunal. We stepped up
our mailings, newsletters, and the amount of information
distributed to the public, we hired a lawyer, and
we committed to the full services of a professional
planner.
Surprisingly,
and to our delight, the Ministry of Natural Resources
and the Ministry of Municipal Affairs and Housing
withheld approval of the local municipal zoning
change on the property. They deliberated well past
the normal 90-day period allowed to make a decision.
Our persistent pleas to Ontario officials led to
a year of stalling. Impatient at the delay, the
investors and Neebing Council jointly appealed the
delay to the OMB. We opposed their appeal in the
Association president’s name; we had to be a voice
in the process if we were to defeat the commercial
zoning.
This
appeal resulted in a two-week hearing held in June
2002. In the final decision the chair of the OMB
issued these welcome words: "The proposal for
approximately 70 fully serviced campsites represents
an over-development of the site that poses too great
a risk to this unique and pristine environment.
It represents bad land use planning." The chair’s
decision showed that the protection of the environment
and the wetland was our strong suit. The OMB chair’s
written decision stated that persuasive to the Board
was the fact that the proposal was not compatible
with what was acknowledged as a pristine environment.
An environment that is unique on the North shores
of Lake Superior. An environment that must be protected
from harm. An environment that must not be put at
risk.
The
OMB’s decision had ruled out the Municipality of
Neebing’s zoning change which would have allowed
the trailer park. However, the Municipality and
the developer quickly sought leave (permission)
to appeal the decision to the Divisional Court of
the Ontario Superior Court of Justice. We were,
however, persistent in our defence of the wetland.
We began to review and prepare scientific and planning
reports to defend our victory. We worked to maintain
and rally member and community financial support
for the legal aspect of our defence. We received
a second grant from GLAHNF to assist with an awareness
campaign involving news releases, a public education
campaign, and efforts to educate regulatory decision-makers
about the wetland.
In July
of 2003 we achieved a second huge success for the
protection of the wetland when a Superior Court
judge dismissed the Municipality of Neebing’s request
for leave to appeal the OMB decision.
Success
arose out of many factors in a long, exasperating
struggle. We kept careful records of the council
activity; we stored copies of all correspondence
with the Council and provincial agencies; we lobbied
and pressured. Council hostility and discouraging
local setbacks were a transparent injustice; justifiable
irritation helped us remain united. Three dedicated
professionals entered half way into our standoff.
They gave heart, competence, and commitment to our
effort: a university biologist from McMaster University,
a Toronto based planner (expert in OMB procedures),
and our local lawyer, who tied it all together and
meticulously prepared the case with us. All along
we appreciated the important moral support of organizations
all around the province and states of Lake Superior.
Perhaps
a crowning success has been in the recent November
2003 municipal elections. Our "Clean Slate
candidates" unseated the mayor and majority
of Council; representing our ward within the Municipality
of Neebing is Bev Dale, a founding member in our
Association.
We have
come to see that land use carelessness in each local,
sensitive area creates a cumulative impact in damaging
the water quality and the aquatic habitats of Lake
Superior. We will continue to network with others
in trouble spots around the Basin and to work for
the watershed’s good health. We must all think globally
but act locally.
Shoreline Stewardship Association
Glen Dale, President
RR7, Thunder Bay, ONT P7C 5V5 CANADA
807-964-2920
Email: Gbdaleview@aol.com
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