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December 19, 2019 - 8:33 AM
A Kelowna man has been ordered to remove a $173,000 dock that has been in place illegally for nine years.
A Supreme Court of B.C. ruling issued Tuesday, Dec. 17, denied Clark Smith’s application to overturn an order to remove the dock that was issued by the Ministry of Forests, Lands and Natural Resource Operations in 2012.
The dock was built at 3130 Shayler Court below a rocky outcropping on Okanagan Lake that was a sensitive Kokanee spawning area. For that reason, Clark did hire a biologist who said the dock would not harm the fish.
He needed approval from both the provincial and federal governments but built the dock before receiving any authorization.
“While I have a certain level of empathy for Mr. Smith, he constructed his dock before receiving two required authorizations,” the ruling by Justice L. S. Marchand stated. “In fact, he constructed his dock before the responsible agencies even had a chance to consider his applications for these authorizations."
“Mr. Smith has never had the right to build a dock. He has only ever had the right to seek approval to build one. Had he waited for the approvals he needed, he would not have spent $173,000 on his dock.”
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