Victoria residents looking to save unpermitted community garden

Victoria -

Holland Point Marine Reserve sits along the scenic drive of Victoria's Dallas Road. It's a meeting place for locals, and for the past few years it's been home to a grassroots, unpermitted community garden.

Now, Victoria bylaw staff are considering dismantling the vegetable garden, which has the community group that built it up in arms.

For years people have been gathering at this spot, and because of its orientation to the sun they've given it a name.

"We call it the 'Nuke Wall' because it gets so hot," said Stan Crosson, who first built the garden several years ago.

Since then, it's grown thanks to the help of dozens of volunteers. That is, until this week.

"Well, yesterday I was watering and then I got approached by kind of like 12 people, city workers, bylaw enforcement and police," Crosson told CTV News on Monday.

He says he was told by bylaw officials that the garden was being taken down because it fell under the category of "driftwood structures."

"He said (the bylaw official) he's been told to take it out," said Crosson. "So he said, 'I'm having a bit of a tough time with my boss above me saying get it done.'"

On Sunday, the garden was left untouched by authorities. But, the group has been told that the garden could be destroyed in the future, which has many upset.

"I can't for the life of me understand why someone would want to tear it out," said Johnny Ayers, a James Bay resident, shortly after he sampled some peas from the garden with his daughter.

Other James Bay residents agree.

"Why would you? Like, you know, it's a garden, it's food," said Blair Polden who lives in the area.

"It's like – people come by and they've never been down here before and they come by and say, 'My god, you guys have a garden down here!" she said.

The community group is now trying to figure out how to get a permit from the city for the garden. However, the process is turning out to be tricky.

According to the group, anything below the high-tide line along Dallas Road is federal property, while anything above the high-tide line and seawall is city property.

"Sometimes during the year, the high-tide reaches the seawall here," said James Bay resident Michael Lucas. "(During the) summer it will probably only come as high as 10 feet from the seawall."

The group is now trying to determine if a city permit is even necessary. In the event that they're declined one, the group's asking to let the garden stay for the remainder of the season, so they can finish growing what they've started.

"It would be a shame to waste, really," said Crosson. "If it’s not supposed to happen and that’s what they want, or no permits are available in the future either, well let it finish off and then we’ll just have to figure out another place for a community garden then."

The City of Victoria says it only recently became aware of the garden and that it will work with the community to understand more about it. No further action will be taken until that engagement is complete, the city said Monday.