Photo by William Crooks
A crowd of nearly 100 Ayer’s Cliff residents gathered in the basement of Saint-Barthélemy Church to discuss the proposed bylaw aimed at protecting local heron habitats. 

Ayer’s Cliff debates new protection bylaw

By William Crooks

Local Journalism Initiative

Ayer’s Cliff citizens gathered on Sept. 23 for a public consultation to discuss proposed amendments to the Urbanism Bylaw No. 2009-03. This meeting, held in the basement of Saint-Barthélemy Church, was convened following a municipal council session on Sept. 3, where a draft bylaw was introduced to address environmental concerns about potential heron nesting sites in the area. Led by Mayor Simon Roy, the consultation drew nearly 100 residents, who voiced a mix of support, concerns, and questions.

The purpose of the meeting was to allow citizens to express their views on the draft bylaw, which aims to incorporate new protections for areas identified as potential heronries. These sites are viewed as ecologically sensitive and valuable for conservation. The meeting was structured in three parts: a presentation by municipal staff, followed by a question period, and then a comment period, which allowed residents to share their opinions.

Initial presentation

Élaine Leblanc, a municipal employee responsible for environmental dossiers, opened the meeting with a 15-minute presentation explaining the context of the draft bylaw. She noted that since 2023, the municipality had been aware of the presence of herons in the area and had erected signs to protect the natural environment. The herons are highly sensitive to disturbances, and their nesting sites are protected under provincial and federal law, including the Migratory Birds Act.

Leblanc revealed that a recent inspection identified 17 nests, with 7 to 8 active adult herons near the Ripplecove Hotel. The municipality’s goal is to establish a 200-meter buffer zone around these nests to safeguard the birds’ habitat. “This 200-meter radius is recommended by the Ministry as a precautionary measure,” she stated. This radius would prevent construction and certain activities in the designated area. The draft bylaw also proposes restrictions on tree cutting within this zone unless the trees pose a direct danger to people or property.

Leblanc clarified that if a property were within the 200-meter zone, development restrictions would apply only to areas that remain in their natural state, such as wooded parts of the land. If a property were already developed, including lawn or garden areas, owners would still have the freedom to maintain and expand within existing limits.

Question period

During the question period, several residents expressed confusion and sought clarification on how the bylaw would impact their properties. One resident asked whether the 200-meter radius could be reduced. An official responded that the 200-meter buffer is based on scientific recommendations but acknowledged that the literature primarily focuses on rural environments, where such distances are more feasible. In more urbanized areas like Ayer’s Cliff, flexibility could be considered, but the Ministry’s recommendation remains the standard.

A key question raised by another resident was about the procedure for adopting the bylaw and the timeline. Mayor Roy explained that after the consultation, the council would reconvene to decide whether to proceed with the draft as is, make amendments, or abandon the project altogether. The council has 60 days to act on the draft, during which there would be a freeze on development applications that fall within the proposed restricted zones.

Other questions touched on the long-term value of properties within the affected zone. One resident voiced concerns that the new bylaw would lower property values, especially for those planning to develop or sell their land in the future. An official responded that while some restrictions would apply, the municipality was open to discussing compensation or mitigation measures for heavily impacted property owners. Mayor Roy added that the municipal budget, however, does not currently allow for large compensation payouts.

A particularly engaged participant, Vincent Létourneau, an ornithologist based in Orford, proposed a third option that would balance the needs of the herons with property owners’ rights. He suggested working on a compromise that might allow certain types of low-impact development while still protecting the heron habitat. The mayor welcomed this idea, emphasizing that the meeting’s purpose was to gather input and explore all viable options.

Comment period

The comment period revealed a clear divide among residents. Some expressed support for the bylaw, stating that preserving wildlife and biodiversity was important for the community’s long-term environmental health. “I think no one here is against protecting the herons. We all benefit from having a healthy ecosystem,” one meeting attendee commented.

Others, however, were less convinced. One resident pointed out that heron populations in the area had increased despite previous development projects, questioning whether the new regulations were necessary. “We’ve been building here for years, and the herons haven’t gone anywhere,” he said, sparking murmurs of agreement from some attendees.

Another recurring theme in the comments was the potential impact on future development in Ayer’s Cliff. Some residents feared that the bylaw would freeze growth in key areas, particularly as the town continues to expand. “What happens when herons decide to nest in another part of town? Are we going to keep adding new restrictions?” one resident asked, voicing concerns about the long-term effects of the regulation.

Several speakers raised the issue of fairness, questioning whether the burden of protecting the herons should fall entirely on a small group of landowners. “The benefits of biodiversity are collective, but the costs are being localized,” one speaker argued. This sentiment was echoed by others who felt that the bylaw disproportionately affected property owners with large wooded lots.

Outcome and consensus

At the end of the meeting, it was clear that while many residents valued the herons and the natural environment, there was no clear consensus on the best way forward. Mayor Roy assured attendees that their feedback would be taken into account during the council’s deliberations. He reiterated that the council had no vested interest in pushing the bylaw through if the majority of residents were opposed.

However, Roy also warned that waiting for the Memphrémagog MRC (Regional County Municipality) to update its land-use plan could delay necessary protections. “If we wait too long, we might lose the herons, and we’ll be left explaining why nothing was done,” he said.

The consultation ended with a commitment from the council to further investigate potential modifications to the bylaw, including the possibility of reducing the buffer zone in urbanized areas and exploring compensation options for affected landowners. Mayor Roy thanked residents for their participation, emphasizing the importance of community input in shaping local policy.