Green Mountain RV Park encroachment

Mark Kirwin, of Dominion CampCorp requested to present to Council on May 16 regarding their application to purchase a portion of road allowance that was previously turned down. Although he couldn’t attend, two representatives appeared before council to speak about their concerns. Attempts to contact Dominion CampCorp for questions afterwards were unsuccessful.

In a letter from Dominion CampCorp, the company that owns Green Mountain RV Park, argued the encroachment in the “plateau area” which “exists at the west end of the Green Mountain RV Park.” It goes on to explain that “eight RV sites encroach on the road right-of-way as a result of a mistake by the contractor when they were built over 10 years ago. These RV sites were part of the approved Development Permit for that phase of the RV Park.”

According to the letter, Dominion CampCorp claims “the Municipality agreed to an Encroachment Agreement in principle in 2016, but this was not documented.”

The issue, according to Dominion CampCorp, dates back to January 2022 when the municipality issued a development permit for an expansion. They claim one of the conditions in the development permit was the cause of the problem.

Condition 18 for the Development Permit is as follows: The applicant is required to enter into an encroachment agreement with the Municipality of Crowsnest Pass for the RV sites 114-121 located within the 67 Street road allowance, registered on the certificate of title.

The delegations from Dominion CampCorp explained that they know it’s a road allowance that’s with the province, but it’s really a “very steep, pretty much unusable” piece of land.

They asked that the council reconsider their decision to reject the road closure and let them pursue an agreement with the province. The council voiced concerns about the development permit including the alternative access the road allowance could provide.

“When it comes to the proposed twinning of Highway 3, we do consider that a potential for another access into our area, so that was part of our discussion as well,” said Mayor Blair Painter.

The Dominion CampCorp delegation claimed discussions with the province indicated that road allowance would not be used when the highway went in.

The delegation also said they have 10 campers in the encroachment area in their “nest” at the Park. They said the campers have “invested a lot” into sheds, RVs and landscaping at the sites.

“If those upper sites were encroaching, were you aware that they were encroaching? And why would you allow people to do their landscaping and set up their “nest” if you were aware that there was an encroachment?” asked Councillor Vicki Kubik.

The delegation claimed the RV Park’s understanding was, after conversation with the municipality in 2016, that they just needed to finish some paperwork to address the encroachment although they admitted they failed to follow up with the municipality afterwards.

Visit crowsnestpass.com to read the delegations letter and to view council packages from past and future council meetings.