Anyone looking to live on a mining claim within the City of Whitehorse should listen to the message coming out of City Hall - forget it.

Answering questions from the Star this morning, mayor Ernie Bourassa said he was happy the Yukon government (YTG) has sided with the city's position on intercity mining claims and is sending a message to urban miners; abide by our laws.

'We hope it's a message, they have to abide by the zoning bylaws.

'They still have the right to mine, but if it is not zoned for it they can't put up a building,' Bourassa said.

He said anyone who wanted to mine within the city limits needed their own place to live.

Bourassa's comments come on the back of a letter sent to the owner of three quartz claims, near the intersection of the Klondike and Alaska Highways, telling him to remove a trailer that had been illegally erected on the side of the Klondike Highway by Oct. 15.

The owner, Lewes Blvd. resident Wade Belcher, was contacted this morning but was not available for comment.

Last week Belcher said he was acting within his legal rights and that the man mining the claims for him, Ed Fahr, was not actually living in the trailer.

Residents in the area of the trailer, who preferred not to be named, said they disagreed with Belcher and believed Fahr was indeed living in the trailer.

Attempts by the Star to contact Fahr have been unsuccessful.

According to Whitehorse zoning bylaws, the city development officer has the right to order a person who builds or places a structure on city property to remove it or pay the city for expenses incurred in its removal.

The bylaw also states anyone who refuses to comply with an order and is found guilty of a summary conviction, can be fined up to $10,000 and an additional $2,500-a-day for every day the offence continues.

In an interview Wednesday, the Yukon government's director of mineral management, Bob Holmes, said after reviewing the situation the YTG was siding with the city.

He said while the Quartz Act did allow for a structure to be placed on a mining claim, people staking claims within city limits had to abide by zoning bylaws as set out by the city.

'Really the point for us is that the miner comply with the requirements under the Quartz Mining Act as well as zoning bylaws.

'The city has the right to issue development permits. We would not give an opinion on how the city is doing things, it's not our jurisdiction.'

He said the YTG and city were currently discussing how to make the Municipal Act and the Quartz Mining Act work in harmony.

'The problem is the mining act can't be seen to regulate all activity, it only regulates mining activity. When you operate within a city there are other requirements,' he said.

According to the Yukon Quartz Mining Land Use Regulations, Belcher can legally have a foundation-less structure on his claims for up to 12 consecutive months.

Under the Act, Belcher is also permitted to use up to 1000 kg of explosives per month on his claims.