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Private paths anger residents

Mike W. Bryant
Northern News Services
Friday, June 15, 2007

YELLOWKNIFE - City Hall plans to issue notices to Niven Lake residents after receiving complaints about private paths being blazed from backyards through the woods and onto the public trail that surrounds the lake.

NNSL Photo/Graphic

Sean Kollee, a resident of Niven Drive, holds up a tree that was cut down to make way for a private path leading from a homeowner's yard onto the Niven Lake Trail. He said such actions show little respect for the nearby nature preserve. - Mike W. Bryant/NNSL photo

Jeff Humble, director of planning and lands with the city, said it's a recurring problem in the Niven Lake subdivision. Zoning in the area is mostly residential, save for the Niven Lake trail and nature preserve at its heart.

The original intent was for a five-metre buffer zone between homes and the trail but as more lots are developed, the number of private paths through the buffer has increased.

"Generally, the city's position is that if trees are cut down on city property, that is an offence," said Humble.

On Wednesday, Niven Drive resident Sean Kollee showed Yellowknifer where two homeowners had cut down trees and laid down gravel paths from their backyards onto the west side of Niven Lake Trail.

He discovered them while out walking on the trail with his wife and son Monday.

"My main issue is that Yellowknife residents in general, and I suppose a sizable minority of them, don't have respect for a nature preserve," said Kollee.

"That's manifested in cutting trees that are protected as part of a nature preserve, and that's what I take offence to."

City Councillor Shelagh Montgomery received a complaint from another resident Monday, and plans to take up the issue with city council and administration next week.

She is worried that unless City Hall puts a stop to it soon, more residents will be encouraged to cut their own paths through the buffer zone.

The Niven Lake Trail has been a touchy subject for several years. Three years ago, residents protested after a city-authorized survey line was slashed through the trail in an attempt to mark the boundary of Phase VI of the Niven Lake subdivision.

A year after that, council allowed Northland Utilities to extend the size of a substation plant at the head of the trail, which also angered some residents.

"What prohibits someone from sticking up a shed too?" asked Montgomery.

"There was enough outcry just when various survey lines were being cut.

"Properties were so close to the trail and I think we've gotten past that because we've had to but I think we need to have the issue come up again because people are putting in their own trails."

Humble declined to discuss potential penalties. He said a "gray area" exists when it comes to simple footpaths being stamped through the woods, of which he said there are several in the area.

However, according to the city's Public Parks and Recreation Bylaw, a person can be fined up to $2,000 for damaging a tree on city property.

Last year, the city forced a resident to replant trees after cutting a private path. Humble said a notice will be sent to residents that will remind them not to cut down trees to make paths.

"We'll probably be looking at more enforcement," said Humble.