Encroachment on Municipal Property

The Town of Saugeen Shores Encroachment Policy sets out guidelines to protect the public use of municipal land, including roads, parkland, trails, waterfront access points, and other property. 

In general, municipally-owned land should remain free and clear of private uses. It should be noted that building permits will not be issued for buildings or structures that are partially or wholly located on municipal property, including road allowances. 

Application for Encroachment 

In certain situations, the Town may allow private encroachments on municipal property. Review the Policy and Application Form (Application Form - Page 5) to learn more. The Town of Saugeen Shores can print a paper copy upon request. 

The following information must be submitted to commence the Encroachment Agreement process:  

1. A complete Application Form attached as Appendix A to this policy. 

2. An application fee as established from time to time by Council. 

3. A plan or sketch of the subject lands with details of the encroachment clearly marked thereon. 

4. The Application will be submitted to the Clerk’s Office and circulated to the appropriate Departments for review, comment and recommendations. A staff report with a recommendation will be presented to the Committee of Whole of Council for its consideration. 

5. If approved by Council, the applicant will be required to pay all costs associated. 

6. A registered Reference Plan describing the location of the encroachment is required for the preparation of the Encroachment Agreement and for registration purposes. The Encroachment Agreement requires the encroaching party to provide proof of insurance, naming the Corporation of the Town of Saugeen Shores as an additional named insured. 

Encroachments will not be permitted if: 

  • Create unsafe conditions or public hazards (e.g., obstruct sight lines, access, traffic or pedestrian visibility, or cause winter hazards like hidden rocks or wires) 

  • Diminish public use  

  • Lack a demonstrated need 

  • Conflict with the Town’s intended use of the land 

  • Begin construction without required permits or approvals 

  • Expand an existing encroachment 

  • Involve fencing to delineate municipal property 

  • Interfere with Town operations, maintenance, or capital projects 

  • Conflict with utilities or underground infrastructure 

  • Violate municipal by-laws, policies, or provincial/federal laws 

 

Contact Us

Town of Saugeen Shores
600 Tomlinson Drive, P.O. Box 820
Port Elgin, ON N0H 2C0
Phone 519-832-2008
Toll Free 1-866-832-2008
Fax 519-832-2140