19-1217 v3.X Public Access Required Onto Private Single Family Property?

Per Equity petal handbook May 2017:

“Natural Waterways: The project may not restrict access to the edge of any natural waterway… If the project’s boundary is more than 60 meters long parallel to the edge of the waterway, it must incorporate and maintain an access path to the waterway from the most convenient public right-of-way.”

Project is a single family house on a 100 foot x 200 foot rectangular private property. Public road at the east, single family private lots at north and south, public slough (waterway) at west. Property line at west is 100 feet long = 30.5 meters. Property is fenced at boundary for security and liability.

Please see attached map dated 18 Nov 2019 of site vicinity illustrating access to waterway.

Please confirm:

1. Project boundary parallel to waterway is less than 60 m long. Therefore no access path required across project property?

2. Public can access the waterway from public road at south. Therefore, property fence at project site perimeter does not restrict access to the edge of waterway?

Property owner concerns if access is required and provided across private property to public waterway:

a. Liability if any access user suffers harm

b. Security compromised by “inviting tresspassers”

1. Given that the project's boundary along the waterway is less than 60 meters, a 3 meter wide, dedicated throughway is not required. However, the project cannot prohibit access to the waterway altogether.

2. Although ILFI encourages the inclusion of a 3 meter wide, maintained public access path, it is not required for a 100 foot waterway boundary. Considering that this is a single-family residence, the inclusion of a perimeter fence - or a fence that is slightly set back from the property line - is up to the discretion of the project team. Whether or not a fence is included, the team cannot prohibit access to or along the edge of the waterway itself.