The Legacy Fund for the Environment is a long-time partner of Nature Hudson, a non-profit community organization dedicated to protecting the land, water, wildlife and scenic beauty of Hudson for current and future generations. The case for Sandy Beach is still ongoing, but we would like to highlight how far we have come. 

Nestled within the picturesque town of Hudson lies Sandy Beach, a natural haven cherished by locals for its scenic beauty and ecological significance. However, this idyllic sanctuary has found itself at the center of a heated battle between development interests and conservation efforts.

 Nicanco Holdings Inc. purchased the land around Sandy Beach in 1998, but it wasn’t until 2014 when the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCC) granted article 22 approval to back fill 1.58 hectares of wetland that citizens became concerned. 

In 2017, municipal concordance bylaws increased the zoning for the Sandy Beach area, and the development plan increased the number of residential units that, if filled, would increase the population of the town of Hudson by 20 percent. The residents immediately set up a petition to urge the municipal government to purchase the land in order to preserve it for all its citizens. Residents also spoke out against any demolition of nature at a public meeting that was held by Nicanco holdings to unveil the development plan. [Read more about it here]

In the same year and again in 2019, Hudson and particularly the Sandy Beach area saw large floods, which couldn’t have provided more visual proof that the area is not suitable for residences and that the wetland is necessary to the safety of the town as it provides some protection against flooding. Despite the flooding, the town of Hudson gave the green light to go ahead with the development in 2017.

In 2021, the conservation efforts of the residents intensified. This is the point at which the Legacy Fund was asked to join the fight by Nature Hudson to help fund a genuine biodiversity study of Sandy Beach by TerraHumana. Such a study could and did offer quantitative data that residents could point to as proof of the ecological value of the greenspace. The study was made public in fall of 2021 and identified 29 at-risk species in the area, including the chimney swift pictured below. In light of the overwhelming public rejection and the scientific evidence, the MELCC revoked authorization.

In the fall, public sentiment was proven to have changed towards green values when several ecologically-focussed councillors were elected. In winter of 2022, a freeze was placed on all development as the municipality updated its bylaws. 

Unfortunately in June of 2023, Nicanco Holdings Inc. won its court battle when the Quebec Court of Appeal sided with the developer and was once again allowed to move forward with the development project. Rob Horwood wrote a strong and well-supported open letter to Minister Benoit Charette, urging him to take advantage of the new legislation that allowed the Minister of the Environment personally to stop a project that did not begin work within two years of receiving the certificate of authorization. Which, in August 2023, Minister Charette did. 

On September 26th, 2023, Rob Horwood became a director of the Legacy Fund. 

Nicanco holdings is looking to appeal this decision, but Rob has been closely following the case. When he applied for intervenor status, he argued that the TerraHumana study be admissible and not considered the illegal fruit of trespassing because of a lack of any indication that the land is private and that entry is not permitted along with the existence of a public servitude for access to the beach that has existed since 2007 and of various public paths throughout the property, some of which are the subject of a servitude which has not yet been officially registered. This may be why, this March following the hearing which rejected Nature Hudson’s application for intervenor status, concrete barriers were put in place to close off public access to Sandy Beach and signs were erected advising citizens not to enter. You can read more about this in this Global News article or this CTV article.

As we reflect on the tumultuous history of Sandy Beach, one thing becomes abundantly clear: the fight to preserve our natural heritage is ongoing and requires the unwavering commitment of every member of the community. It is thanks to the years of effort of Rob Horwood, Nature Hudson and the Save Sandy Beach group and their willingness to hold on and keep an issue in the public consciousness that the ministry was convinced to act. Whether through grassroots activism, scientific research, or political advocacy, each of us has a role to play in safeguarding places like Sandy Beach for generations to come.

 

Timeline:

1998: Plans to develop the 22.83-hectare Sandy Beach site are initiated.

2001: A proposal to build 217 housing units on the site is presented but later abandoned due to town planning regulations.

2014: Nicanco Holdings Inc. receives approval to backfill 1.58 hectares of the area.

2017: Municipal concordance bylaws increase zoning for the Sandy Beach area, setting the stage for potential development.

2017: Nicanco Holdings proposes a 300-unit residential development, sparking concerns among residents about the environmental impact and loss of natural habitat.

Feb 7, 2017: Residents launch an online petition urging the town to purchase the land for conservation purposes.

Feb 16, 2017: A public meeting is held by Nicanco Holdings, where the proposed development plan is unveiled. Despite promises to preserve a significant portion of the land as parkland or green space, residents remain skeptical.

2017 and 2019: The area experiences floods, underscoring the vulnerability of its ecosystem.

2019: The Town of Hudson approves the Pine Beach construction project, contingent on obtaining authorization to build on wetlands.

2021: The Save Sandy Beach Group forms and collaborates with Nature Hudson, intensifying conservation efforts.

Summer/Fall 2021: A biodiversity study conducted by Terrahumana reveals the vast wetland area’s ecological importance, identifying 29 at-risk species and one presumed extinct species.

Fall 2021: Authorization for the Pine Beach project is revoked by the Ministry of Environment and Fight Against Climate Change (MELCC) following the biodiversity study’s findings.

2021 Municipal Elections: Ecologically focused councillors are elected, reflecting a clear mandate for conservation.

Winter 2022: The municipality imposes a freeze on all development while updating bylaws to better protect natural areas.

Summer 2023: Nicanco Holdings wins court battle, securing the green light for its Pine Beach development project. However, the government retains the authority to halt projects inactive for two years post-approval.

August 2023: MELCC revokes its authorization for the project, citing environmental concerns.

September 26, 2023: Rob Horwood joins the Legacy Fund as a director, signaling continued efforts to safeguard environmental treasures like Sandy Beach.

March 2024: Despite existing public use servitudes dating back to 2007, access to Sandy Beach is obstructed by concrete barriers, raising suspicions about the property owner’s intentions.