When a subdivision adjoins the United States border, the Approving
Officer may request the developer to return to the Crown an 18-metre strip
of land along the border. Alternatively, the Approving Officer may consider a covenant
restricting building on the 18-metre strip. There
is no legal requirement to obtain this strip of land; however it is
useful if a right of way is granted along the Canadian side of the border.
The covenant restricting building would facilitate the right of way.
of the International Boundary Commission Act (Revised Statutes
of Canada 1985, Chapter 1-16) provides that, except with the permission of
the International Boundary Commission, no person shall construct, enlarge
or place any work within three metres (ten feet) of the United States border.
The following constitutes an infraction under the Act:
- erection of billboards or other structures within ten feet of the international
- reconstruction of a line building or other structure which has suffered
- additions to structures erected on the international boundary
- interference with boundary monuments