Marinas and Yacht Clubs (Commercial)
Application Documents
The following documents should be reviewed prior to submitting your application:
Marinas and Yacht Clubs
Marinas and Yacht Clubs can be established on Foreshore and/or Aquatic Crown land through tenures available from the Province of British Columbia (the Province).
What is Foreshore and what is Aquatic Crown land?
- Foreshore is the land between the high and low watermarks of streams, rivers, lakes, and the ocean.
- Aquatic Crown land is all the land, including the foreshore, from the high water mark out to the limits of provincial jurisdiction.
For example, this includes all submerged land between the B.C. mainland to the east and Vancouver Island and the Queen Charlotte Islands to the west, as well as all submerged land within bays on the west coasts of these islands.
Factors governing use of foreshore and aquatic Crown land in B.C. are:
- the Province owns nearly all freshwater and saltwater foreshore;
- although land adjacent to foreshore may be privately owned, in common law the public retains the privilege or "bare licence" to access the foreshore;
- individuals cannot build on or develop aquatic Crown land, including Crown foreshore, without the province's authorization, even if they own adjacent property or "upland"; and
- permission to use Crown land is obtained by application to the Province.
Applying for Tenure
Companies must be registered in British Columbia to be eligible for tenures, even if already registered outside the province.
Obtaining a tenure is a three-step process.
- The applicant must first secure a 1-year temporary permit from the Province to allow for time to seek the necessary approvals from other government agencies and prepare a development plan.
- Upon receipt of all approvals and a development plan, the Province may issue a lease or license of occupation for Phase I of the marina development.
- The final lease is issued for a 30-year term when the facility begins operation.
In addition to commercial moorage, the marina or yacht club tenure may also authorize ancillary uses such as:
- boathouses;
- gas and fuel docks;
- marine ways;
- launching ramps;
- docks for boat sales;
- rentals and charters;
- restaurants; and
- bait shops.
Fees and Rents
You will be required to pay an application fee, as outlined in the Land Tenure Purpose and Application Fees schedule (effective June 1, 2003) , as well as rental fees.
How is Rent Determined?
- Rental for the moorage component of a marina tenure is 3.5% of the potential gross income for the first 15 years, and 4% for the next 15 years.
- Land and Water British Columbia Inc. determines potential gross income annually based on the total potential income from boat moorage, which a marina operation could receive.
- Rental for the non-moorage part of a marina tenure is either 5% or 8% of the appraised land value for leases (4.5% or 7.5% for licenses) depending on the use. Minimum annual rent is $500 per tenure. For more information, check Commercial - General Policy
 (3.5MB).
A Statutory Declaration from the tenure holder is required annually and must identify:
- monthly moorage rate;
- the amount of linear footage rented;
- the number of months the marina is open for business; and
- a list of other uses.
The tenure holder must seek prior consent from the Province to assign the tenure to another operation.
Additional Requirements
The upland owner's consent is required if the tenure will affect access to deep water from his or her property. Commercial marinas must also provide access to the boating public.
Moorage facilities must comply with Canadian Coast Guard regulations, local government zoning and building regulations. Moorage of a boat or other structure for use as a permanent or temporary live-aboard facility is not permitted.
Protecting Aquatic Land
The Province protects the environment by assessing the potential environmental impacts of every application for Crown land by:
- referring applications to other provincial agencies responsible for environmental protection, including the Ministry of Environment;
- ensuring proposed uses do not adversely effect the ecological systems of the area;
- developing mitigating measures for environmental impacts and incorporating those into tenure agreements;
- enforcing tenure agreements;
- offering temporary tenures in some cases so that impacts may be assessed; and
- closely monitoring the operations of tenure holders.
The most common reason for delay is submission of an incomplete application, which is then returned to the applicant. To ensure an application is processed as quickly as possible, be sure to complete all the required documents identified in the Requirements List/Management Plan (22kb) and submit the required Application Fee.
If your application is accepted, you will be notified if Advertising (147kb) is required. Please wait for confirmation before advertising.
In addition to the development plan, applicants with larger projects may be asked to provide a management plan at a later date.
The Development Plan must show:
- location of foreshore to be used;
- size and position of existing or proposed improvements;
- identification of construction materials to be used; and
- the amount of lineal footage of moorage space for the purpose of establishing the potential gross income in Phase I of the operation.
If you have questions regarding any aspect of the application process or any of the land tenure programs, contact
FrontCounter BC. |
[top]
| 
