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The Rural Voice, 1979-08, Page 29Bruce Trail controversy heats up BY LISE GUNBY The drama of opposing factions that characterizes the Bruce Trail controversy reached another peak last month when the Bruce Peninsula Protection Organization staged a motorcade protest. The group, numbering more than 100, travelled from Wiarton to Tobermory, placed the Niagara Escarpment Commission report in a coffin, and buried it at sea. That protest June 10 followed a previous protest on May 23, which took the same route, this time by tractors. While this preliminary report was buried by factions opposed to its proposals, all of the groups concerned - farmers, politicians, property owners, developers, ratepayers, hikers and the Bruce Trail Association - are waiting for the new NEC report expected this summer or fall. The Bruce Trail officially opened as a centennial project in 1967. Land owners with property affected by the path were consulted by Bruce Trail Association members, and a handshake agreement resulted. The Association said they would keep the trail clean and prevent it from becoming a nuisance. The property owners consented to the use of their property by passing hikers. That verbal agreement 12 years ago has developed into a tangled issue. When the trail was opened, most land owners "accepted the hikers with open arms," said James Vidol, chairman of the Property Owner's Rights Association, "but when I see what is being done to the property owner for the benefit of hikers who have no vested interest in the land..." There have been complaints about littering, broken bottles damaging tractor tires, fires, fruit stolen from orchards and noisy four-wheel drives and trailbikes. "It was a good thing and most of the people around here were very supportive," said Norman Seabrook of Holland township, "but it was spoiled by a few." "There are some legitimate concerns when the land owners get fed up with the litter." said Ray Lowes, Bruce Trail Association secretary, but "every foot of the trail" is cleaned up by club members assigned to each area. The Niagara Escarpment Commission was set up in 1973, to devise a policy of land use for the escarpment which contains the 430 mile footpath which crosses private property for two thirds of its length. The commission was given power under Bill 129 to control the development of that land. "The ratepayer's objective has been to have that legislation revised," said Mr. Seabrook, reporter for the Northern Ratepayer's Association. He said he feels that the power over development should be given to the local municipalities. Don Taylor was the head planner for the NEC, said Mr. Seabrook, but he resigned, tewng the press that : 1) giving the NEC jurisdiction and superceding the local authorities was the first plan of its kind in North America, and 2) similar plans would be used throughout the province in the future. "This is what we have suspected and fear," Mr. Seabrook said, "I don't like this state-controlled thing." "The environmentalists are now opposed to the methods being used," he said, "so it's just the government left on the other side of the fence." Property owners have the right to prevent access to the parts of the trail that cross their property. But the NEC governs the development of that property. The owner is "saddled with valueless land," said James Vidol of Beamsville, which he could sell, but because of the controls preventing building,it is worthless to do so. Bob McKessock, Liberal MPP for Grey, introduced a private member's bill in May of 1978 which, though it was defeated on the second reading, would have made it compulsory for the government to issue a development control permit to the landowner, unless a permit would not conform with the local official plan and zoning by-laws. If the government would not issue the permit, then it would be required to purchase the property. "It's just the government on the other side of the fence" Also proposed in the defeated bill was that the area controlled by the NEC be cut down to the development control area. It was proposed that the area be cut by 80 per cent. Since that time, it has been cut down by about 60 per cent without provincial legislation, said Mr. McKessock. The third section of the bill proposed that appeals against controls be made to the Ontario Municipal Board rather than to the Ministry of Housing. NEW PROPOSALS Mr. McKessock said he is waiting for the new proposals from the NEC report expected in September. "There is still a great pressure in the Niagara Escarpment area to do away with the commission, which would save S1.8 million in this year," he said. "I feel this is the route that should be taken," said Mr. McKessock. Those with land affected by the trail should be able to sell it to the government if the government wanted to buy, he said. Otherwise, local official plans should determine policy. "The NEC, to be fair, has certainly put a greater emphasis on the prqtection of the escarpment," he said, but so have the local governments, which are "certainly capable of protecting the escarpment and serving the local people." Mr. Lowes of the trail association disagrees. "1 believe that there should be a plan for the Niagara Escarpment area," he THE RURAL VOICE/AUGUST 1979 PG 27 1