Lake of Bays to investigate cause of erosion to Paint Lake properties
Lake of Bays Council received complaints about property erosion from storm water runoff issues around
Paint Lake Road, in the August 29, 2023, meeting.
Residents provided varying perspectives about the causes of the erosion ranging between construction
in the area and sand berm.
Resident, Jessica Fiore, who has two properties on Paint Lake Road, said, “With all the new construction,
the removal of all of the trees, the building of the hydro pole, the new property…the constant build up
of Blue Chalk Lake, there’s been significant run off to our side of the lake to the point where we’ve had
to replace the beams underneath our cottage, we will have to replace the garage.”
Fiore adds, “Obviously there’s erosion and that’s common, but what’s been happening is it’s been really
flooding. You can see it. If anyone comes down that street after a rainstorm, you can see where the
water flows down to all four of us in that bay.”
Director of Building and By-law Services, Stephen Watson, advised that the Township has no control
over runoff unless it’s from a building. He said, “Building can only regulate the building itself. We can’t
regulate the driveways. We have no authority to regulate any runoff coming from the lot onto abutting
lots. If the building is causing the runoff, then we do have the authority to deal with that and we do deal
with that.”
Councillor, Rick Brooks, inquired about whether silt fencing would be a requirement for runoff leaving a
property, to contain it.
Watson replied, “We do not have any By-laws to regulate silt necking or anything like that, so we usually
contact the MOE or MNRF and they enforce those regulations, not the Township.”
Councillor, Mike Peppard, suggested the issue is a “civil matter” as Township can’t regulate driveways.
He said, “It sounds like the neighbour must talk to neighbour and figure out a solution.”
Fiore indicate that they weren’t aware that one of two dwellings was being constructed and expressed
further concern about the development in the area.
She said, “There used to be a little waterfall that ran there that no longer runs that way.” She added that
new hydro poles in addition to building construction is causing an impact. “That all causes water to
diverge and go to different areas… We all know water wants to make its way down, to Paint Lake Road,
so if the building of these things and the constant removal of trees, the changing of the landscapes, is
directing the water in a certain way.”
Fiore added, “I do think that that does become part of this building issue. I don’t think it’s all civil.”
Deputy Mayor, Robert Lacroix, said, “I think that if there’s a building envelope that that would be all in
that concern.”
Township Planner, Helena Craymer, advised that there are slope and water runoff conditions that have
to be met upon construction.
Fiore inquired about whether the conditions deal with the side of the road where the water is flowing
down from. Apparently, that portion of the road is higher than her side and the runoff is causing the
erosion on resident’s properties.
She adds, “One portion where there is a drain, I guess too that runs parallel to the road, you can actually
now see it. Two years ago, you couldn’t. Now you can actually see the actual pipping because it’s eroded
so much, and that’s right off the side of the road.” She suggested that staff investigate after a rainfall.
Resident, Eric Eichler, who is constructing two new buildings on his property nearby said he repaved a
neighbour’s driveway last year that was also eroded, and suggested the erosion issues are from a sand
berm on the road, and not his property because there is a ditch that collects it.
Eichler indicated, “There’s a sand berm that’s been - over the years – has been building up from the
winder sand. It’s about 8-10 inches tall… All the water that lands on the road from the rain can’t leave
the road off the shoulders into the forest. It runs down the road and finds their driveway and pouring
in.” He indicated the sand berm runs about 500 feet.
Lacroix, advised, “If there was a problem with water coming down any road, it would be addressed by
our Public Works staff.” He expressed the importance of staff checking for erosion on the road.
Brooks recommended the issue be brought to the Superintendent of Public Works. He said, “Let them
discuss it. This is his forte. This is what he does, so I would look to suggest that that would be the next
course of action to be able to address issues of both matters.
The matter will be brought to the Public Works department for further investigation.
