Province removes controversial infill from coastal pond in Lunenburg County

Ann Caverzan was pleasantly surprised one day last month to see an excavator and dump truck arrive on her street.

No, she isn’t a heavy equipment enthusiast. Caverzan was happy because the machines were being used to dig up and haul away a rock retaining wall and gravel that had been used to fill in a corner of Westhaver Pond.

The infill, put in place by a property owner who twice tried to sell the manufactured land, was steps away from Caverzan’s home in the small community of Maders Cove on Nova Scotia's South Shore. She and her neighbours have been advocating for the infill to be removed since 2022.

“To be honest, I’m absolutely amazed and incredibly pleased,” she said.

Caverzan and her neighbours argued that infilling the area violated the Nova Scotia Environment Act, which requires approval for any alterations to a wetland. But aside from one “minor encroachment,” which was removed, the Department of Environment said the infill was OK.

Community members shifted the focus of their argument to the Department of Public Works, highlighting that the infill was encroaching on the province’s right-of-way and blocking a culvert.

A spokesperson for Public Works said those issues are ultimately what triggered the removal. They said the infill was “causing draining issues with our culvert and ditching network.”

Sarah Stevens, another resident of Maders Cove, said the area was left as bare earth after the rocks were removed from the area. But some regrowth has begun and “nature is being allowed to take its course," she said, adding that she expects a complete restoration will take place gradually.

Westhaver Pond is edged by wetland around much of its perimeter, with lush vegetation and dozens of species of wildlife.

“We have a really passionate group of individuals … living in the area who wanted to ensure that this very special piece of wetland is preserved,” Stevens said, speaking alongside Caverzan.

The infilled area was small, barely larger than a parking space, and it’s not clear if building on it would have been permitted. But it had a prime location at the corner of the pond, across the street from Westhaver Beach and a few kilometres down the road from Mahone Bay.

The plot was auctioned off by the Municipality of the District of Lunenburg in a tax sale in 2021. The current owner won it with a bid of $3,330, which came to $3,829.50 after tax. 

After completing the infill, she listed it for sale in 2022, with an asking price of $465,000. It didn’t sell and locals say much of the gravel that had been dumped washed away. 

After a second attempt at infilling, this time with the help of a rock retaining wall, it was listed again in 2024 for $225,000. Again, it didn’t sell and the listing was taken down.