Nova Scotia license plates proclaim the province to be “Canada’s ocean playground,” but accessing our coastline is becoming increasingly difficult.
A recent dispute arose in Peggy’s Cove when property owners blocked a road that has been used for over 200 years as a way to access historic fishing villages. Neighbours filed a lawsuit to challenge the move.
Stories like this are covered in Right of Way, a new podcast from Dr. Hannah Harrison, an assistant professor in Dal’s Marine Affairs Program who studies coastal access in Nova Scotia. She hosts the program with Nicolas Winkler (MMM’17) a marine researcher, photographer, and videographer.
We spoke to Dr. Harrison about the changing ways in which we interact with the coastline.
What are some of the factors limiting coastal access in Nova Scotia?
Coastal access in Nova Scotia has seen a lot of change over the years. The most recent numbers available are from the 2009 State of Nova Scotia’s Coast Report, which states that approximately 87 per cent of Nova Scotia’s coastline is privately owned. Nova Scotia has seen shifts in the access landscape since then, driven by events like pandemic-era population shifts.
In Nova Scotia, the strip of land between the ordinary high and low water marks, also known as the beach, is (mostly) crown land, which means it’s available for the public to enjoy. But, with so much of the land above the high water mark held in private hands or otherwise less accessible (say, an island or remote coastline that requires watercraft to access), reliable and safe to that public space (and the water beyond it) has become a problem for many coastal users.
In Right of Way, we explore how coastal access in Nova Scotia is becoming less reliable, and how those changes are impacting Nova Scotians today. Listeners might be familiar with the experience of planning to go diving, hiking or swimming along the coast and finding that an access point they have regularly used is suddenly blocked, parking is now prohibited or difficult, or it has become very crowded with other coastal users. Meanwhile, coastal property owners may find their land regularly used by the public without their permission (in other words, trespassing), or be frustrated with a lack of privacy or inconsiderate behaviour of coastal users.
Through our background research and interviews, we learned that there are several factors that appear to be contributing to this access conundrum. First, Nova Scotia has seen significant changes to its coastline in terms of development and property ownership. In some cases, property owners may be trying to protect their property against the extreme weather events, such as by building a seawall. These decisions have significant impacts on neighboring parcels, eroding away beaches and access to public space. In another example, longstanding access points are being developed and new owners of coastal property are exercising their right to exclude others from their land, often to the great dismay or frustration of communities. This problem is compounded by systemic confusion or lack of information about which access points are truly public and which are part of a large patchwork of informal access across private property.
What can be done to help increase access to the coast?
We are not the arbiters of how coastal access should best be addressed, but, through the podcast, we explore several options. We hear about private property owners and communities working together to maintain existing coastal access. We also hear an example of someone who was able to purchase property and donate it back to the province to ensure it remained public in perpetuity, as well as examples of enshrining access into law. But often, we heard a lot about what wasn’t working – lawsuits, personal arguments between neighbors, and a lack of clear guidance on coastal development and maintaining access to the coastlines that are so important across the province.
From our point of view, the issue of access is only going to become worse as our coastlines continue to develop without a strong framework for sensible, climate-coherent development (such as what the Coastal Protection Act would have helped provide). As coastlines are impacted by climate-driven change, our access there gets squeezed between eroding coastlines and storm surge and a coastline where access points to the ordinary high water mark are disappearing. We see government at the provincial-level as being the most suitable place for province-wide prioritization of coastal access. Maybe this looks like a “Right to the Coast” in much the same way the Angling Act enshrines access to fish Nova Scotia’s fresh waters. Maybe it looks like a “Right to Roam” law such as those that our neighbors in Scandinavia and the United Kingdom enjoy to access a wide variety of landscapes.
Where can anyone learn more about the issue of coastal access?
We are not the first to study coastal access, and our work benefits from the research and advocacy done before us. Here at Dalhousie, Dr. Patricia Manuel and Dr. Lucia Fanning’s work have both separately touched on these issues and helped shape our current understanding of coastal access challenges and needs in the province. Similarly, organizations like East Coast Environmental Law and Ecology Action Centre have been at the forefront of many coastal access (and coastal protection) conversations for years
Right of Way can be heard on many podcast streaming platforms or on www.coastalaccessproject.com. We invite coastal users, including property owners, to share their access stories with us at our website.
You can also learn more about my work at my research website or at the Marine Affairs Program site. Nic’s photography, filmmaking, and other conservation work can be found at www.nicolaswinkler.com or on Instagram @nicolaswinklerphotography.