{"id":792828,"date":"2026-07-10T13:19:13","date_gmt":"2026-07-10T13:19:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/792828\/"},"modified":"2026-07-10T13:19:13","modified_gmt":"2026-07-10T13:19:13","slug":"new-concrete-seawall-a-concern-to-neighbours-but-lies-outside-government-jurisdiction","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/792828\/","title":{"rendered":"New concrete seawall a concern to neighbours but lies outside government jurisdiction"},"content":{"rendered":"

A new concrete seawall near Parlee Beach is outside the jurisdiction of both the province and the local municipality, provoking neighbours to call for better regulations when it comes to New Brunswick coastlines.<\/p>\n

The concrete wall, about 4 metres tall, wraps around much of a small beachfront property in Cap-Br\u00fbl\u00e9. A newly built house sits on the property, close to the edge of a former sloping rock border, which is a typical method of erosion control in the area.\u00a0<\/p>\n

The wall was built along the outer edge of the rock border, displacing the rocks, and effectively extending the usable property. <\/p>\n

Neighbour Tom Delworth said he understands the need for property owners to protect their homes with rock armour. But he worries about the potential impact a concrete wall may have and about the lack of government oversight of such a project.\u00a0<\/p>\n

\"ATom Delworth, a seasonal resident of Cap-Br\u00fbl\u00e9, is concerned the seawall may contribute to erosion on the beach. (Rhythm Rathi\/CBC)<\/p>\n

\u201cHow do we put more teeth, have better regulations to preserve our coastal environment here in New Brunswick?\u201d Delworth asked.\u00a0<\/p>\n

Coastal geomorphologist Jeff Ollerhead said when it comes to shoreline protections, \u201ca vertical wall is about the worst thing you can do.\u201d\u00a0<\/p>\n

The Mount Allison University professor hasn\u2019t examined the site in person but said that in general, vertical and non-permeable structures are the least sustainable and most damaging options for those looking to keep erosion at bay.\u00a0\u00a0<\/p>\n

\"AThe concrete wall is built along what surveyors determined to be the ordinary high-water mark, in line with the outer edge of the existing sloped rock border. (Roger Cosman\/CBC)<\/p>\n

While sloped protections help dissipate wave energy, vertical walls often cause \u201cscour,\u201d meaning they reflect wave energy back and downward, increasing erosion at the base of the structure.\u00a0\u00a0<\/p>\n

Hard shoreline protections can also reduce the width of beaches over decades, he said.\u00a0\u00a0<\/p>\n

There are places in the world where \u201cthere is no walkable beach left anymore,\u201d Ollerhead said, because of \u201cstructures that were built, say, 50 years ago to protect communities.\u201d<\/p>\n

Outside of government jurisdiction<\/p>\n

Once resident Sara Mitton noticed construction begin on the wall in mid-June, she found it wasn\u2019t easy to find which government department had authority over the new coastal structure.\u00a0\u00a0\u00a0\u00a0<\/p>\n

\u201cOne person says that it’s not theirs, and, you know, go and speak to another entity,\u201d Mitton said.<\/p>\n

\"ASara Mitton, a year-round resident of Cap-Br\u00fbl\u00e9, reached out to various levels of government when she saw construction of the wall begin. (Erica Butler\/CBC)<\/p>\n

Plan 360, the regional planning and development authority, issued permits last year for the new house and garage on the property.\u00a0\u00a0<\/p>\n

But spokesperson Marc Andr\u00e9 Chiasson said via email that the agency does not issue permits for coastal protection measures or structures. Chiasson said two provincial departments \u2014 Natural Resources and Environment \u2014 are \u201cresponsible for coastal protection.\u201d<\/p>\n

But both provincial departments said the new concrete seawall is outside their jurisdictions as well.<\/p>\n

Vicky Lutes, spokesperson for Environment and Local Government, said the department has inspected the site and found it needed no permit, because there are no \u201cregulated watercourses or wetlands\u201d within 30 metres.\u00a0\u00a0<\/p>\n

WATCH | \u2018The regulations are not clear,\u2019 resident says:\"\"<\/p>\n

Concrete seawall has neighbours calling for stronger coastal-development rules<\/p>\n

Neighbours are concerned a lack of clear rules has allowed construction of a beachfront seawall in the southeast New Brunswick community of Cap-Br\u00fbl\u00e9.<\/p>\n

In 2002, the department created a coastal areas protection policy for New Brunswick that establishes a \u201ccoastal lands buffer area\u201d and describes restrictions on what can be built within the zone.\u00a0<\/p>\n

But that policy does not stand on its own, Lutes said, and \u201conly comes into effect when another law, permit, approval, or regulatory process is triggered.\u201d\u00a0\u00a0<\/p>\n

In this case, she said, staff found this section of the Cap-Br\u00fbl\u00e9 beach did not fall under the permitting process for watercourse and wetland alteration, so the coastal areas protection policy does not apply.\u00a0<\/p>\n

Lutes said the department is reviewing its policy, and working on a state of the coast report, which will be available for public comment later this year.\u00a0\u00a0\u00a0<\/p>\n

Above the ordinary high-water mark<\/p>\n

The Department of Natural Resources also says it doesn\u2019t have jurisdiction over the seawall, because it wasn’t built on public land.\u00a0<\/p>\n

Any land below the ordinary high-water mark \u2014 the average of where high tides normally reach on shore \u2014 is Crown land.<\/p>\n

Department officials said a licensed surveyor visited the site and confirmed findings of a previous survey commissioned by the landowner, which shows the ordinary high-water mark in line with the foot of the current rocky slope.\u00a0\u00a0<\/p>\n

But that has left neighbours scratching their heads.\u00a0<\/p>\n

\u201cFrom a common sense perspective, it\u2019s a little strange,\u201d Delworth said, noting that the base of the wall is frequently underwater.<\/p>\n

\"AThe base of the seawall under construction on June 19, 2026, with the tide on its way out. (Rhythm Rathi\/CBC)<\/p>\n

\u201cI think there\u2019s a little bit of a contradiction between what most of us see as the ordinary high-tide mark versus what\u2019s been defined,\u201d he said.\u00a0<\/p>\n

CBC News was unable to contact the property’s owner but spoke to a developer who said no permits were needed for the construction and declined to comment further. <\/p>\n

Policies seem \u2018a little inadequate\u2019<\/p>\n

Natural Resources Minister John Herron said that although the wall was determined to be outside his department\u2019s jurisdiction, it \u201craised more than just an eyebrow,\u201d around his office. <\/p>\n

It also has prompted him to seek advice about how provincial policies protect beaches in the area.\u00a0<\/p>\n

\u201cThey’re treasures,\u201d said Herron, \u201cand actually a defining feature for [the province] as well.\u201d<\/p>\n

\"ANatural Resources Minister John Herron says the construction of the seawall didn’t break any rules but did raise eyebrows in his department. (CBC)<\/p>\n

Natural Resources department will consult experts in coastal policies to \u201cchallenge ourselves to make sure that we understand \u2014 that we’re getting it right,” Herron said.<\/p>\n

\u201cIt seems a little inadequate from my perspective today.<\/p>\n

\u201cIf we have this conversation this time next year, we might have some findings about doing some things differently than we do today,\u201d said Herron.\u00a0\u00a0<\/p>\n

On the other hand, \u201cwe might learn that the regulatory regime that we have in place mirrors most jurisdictions.\u201d<\/p>\n

The reality of rising sea level<\/p>\n

Ollerhead, the Mount A professor, said coastal regulations around the world reflect the values of different communities.\u00a0<\/p>\n

\u201cSome are more fixated on private property rights, and some are more fixated on public rights,\u201d he said.\u00a0<\/p>\n

In New Brunswick, \u201cthere’s lots of policies, there’s lots of things you can suggest to people, but there’s no regulation.”<\/p>\n

In Ontario, he said, the government established coastal setbacks that are adjusted over time, to reflect erosion and storm damage.<\/p>\n

\u201cThat is the reality of rising sea level,\u201d Ollerhead said. <\/p>\n

\u201cEventually you have to move up and\/or move back. \u2026 Or you accept that you’re going to build concrete walls and that eventually it’ll be like a wharf, right? There will be walls and there will be water, but there will be no beach anymore.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"A new concrete seawall near Parlee Beach is outside the jurisdiction of both the province and the local…\n","protected":false},"author":2,"featured_media":792829,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[43,44,41,39,42,40],"class_list":["post-792828","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/792828","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=792828"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/792828\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/792829"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=792828"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=792828"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=792828"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}