Agricultural Land Commission

Transcription

1 British Columbia s Agricultural Land Commission Kim Grout, CEO Agricultural Land Commission ALC May 16, 2017 Agricultural Land Commission ALC is an independent administrative tribunal Carries out mandate set out in ALC Act Interprets & applies the legislation written by gov t ALC 2 1

2 The ALR is a finite resource. Only - ALR of the Province ALC Geography of the ALR 3 ALC Geography of the ALR 4 2

3 ALR by Region North Panel 48 % Interior Panel 33% Kootenay Panel 8 % Okanagan Panel 5% South Coast Panel 3% Island Panel 3% ALR by Zone ALC Geography of the ALR 5 ALC Governance Model Chair North Panel Interior Panel Kootenay Panel Okanagan Panel South Coast Panel Full Commission = 19 members Regional Panels = 1 Vice Chair + 2 Commissioners Executive Committee= Chair + 6 Vice Chairs Island Panel Chair ALC Governance Structure 6 3

4 Operational Changes 60 business day processing timeline 90 business day refund guarantee Increased staffing Planners; C&E; Agrologist Increased engagement with regional and municipal governments Development of comprehensive compliance & enforcement strategy ALC Operations 7 STAFF ORG CHART ALC Organizational Structure 8 4

5 Approving Officer Authorities ALC Act & Application of Other Acts Regulation 171/2002 Part 5 (10) decisions Land Title Act Access to land in ALR Conservation Covenants ALC 9 Agricultural Land Commission Act Application of other Acts 2 (1) This Act and the regulations are not subject to any other enactment, whenever enacted, except the Interpretation Act, the Environment and Land Use Act and the Environmental Management Act ALC 10 5

6 ALR Use, Subdivision & Procedure Regulation - 171/2002 Part 5.10 (1) AO may authorize or approve without approval of ALC if achieves 1 or more: a) consolidation of 2 or more parcels into 1 parcel by elimination of common lot lines; b) establishes legal boundary along the ALR boundary; c) adjustment of property line that resolves building encroachment and creates no additional lots; d) reconfiguration of parcels provided involves not more than 4 parcels not less than1 ha that results in: i. No increase in # of parcels; ii. No lot less than 1 hectare; AND iii. Enhancement of the owner s overall farm or better utilization of farm buildings for farm purposes ALC 12 Enhancement of the owner s overall farm or for the better utilization of farm buildings for farm purposes Relates to current farming situation NOT proposed future circumstances Must result in improvement to farm NOT sufficient to consider will have no negative impact Doesn t involve accommodation or approval of nonfarm use How is this assessed? Farmer s reasons farm plans Ministry of Agriculture Regional Agrologists or other body consulted (i.e. industry assocs) ALC 13 6

7 Issues Need to Consider Benefits of consolidation of larger parcels versus creation of rural residential parcels; Access to landlocked parcels Additional road dedication Must not include approval of non-farm use Cannot exercise discretion if subdivision approved and conditions set by Commission Potential impacts of run-off ALC 14 Establishes legal boundary along the ALR boundary 15 7

8 NO AGRICULTURAL BENEFIT Subdivided 2 hectare farm parcel into 2 rural residential lots No compensating ag benefit; consolidated parcels industrial Size of farm parcel reduced 16 NO AGRICULTURAL BENEFIT Consolidation of Lot 6 with Lot B and subdivision on Lot 4 did not allow for more efficient use of agricultural land Lot 4 unfavorably located in cultivated farm field 17 8

9 NO AGRICULTURAL BENEFIT 2 parcels containing park land consolidated and 0.8 hectare residential lot created from cultivated farm field Does not allow for more efficient use of agricultural land 18 NO AGRICULTURAL BENEFIT Removed 0.8 hectares of productive farm land and consolidated it with school site in ALR Reduced production area and does not allow for more efficient use of agricultural land 19 9

10 Current Parcel configuration 20 Proposed boundary adjustment Application to the Commission 21 10

11 ALR Use, Subdivision & Procedure Regulation - 171/2002 Part 5.11 (1) If AO grants approval under Section 10 they must: a) Endorse on the plan a certificate acceptable to the ALC; AND b) Provide a copy of the plan to the ALC. (2) Once plan endorsed by AO provides for the acceptance of the plan for deposit by Registrar of Land Titles ALC 22 Local Government Act Section Subdivision to provide residence for a relative (1)May approve subdivision if would have otherwise been prevented by a bylaw minimum parcel requirement if: person has owned the parcel for at least 5 years; and provides a separate residence for a relative; (3)Despite (1) must not approve in any of the following circumstances: c. Parcel is within the ALR established under the ALCA and lot was created within last 5 years. Regardless of how this section is worded has no force & effect in the ALR under ALCA ALC Section 514 of the LGA 23 11

12 Land Title Act Section 86 gives discretionary power to AOs to refuse subdivisions if: anticipated development of the subdivision would unreasonably interfere with farming operations on adjoining or reasonably adjacent properties due to inadequate buffering or separation of the development from the farm; or (Land Title Act Section 86(1)(c)(x)) Despite subparagraph (ix)(which refers to the need to ensure that a proposed subdivision does not make future subdivision of adjacent land impracticable) the extent or location of highways and highway allowance shown on the plan is such that it would unreasonably or unnecessarily increase access to land in an agricultural land reserve. (Land Title Act - 86(1)(c)(xi)) ALC 24 ALC Unreasonable increase in access 25 12

13 Land within the ALR, whether currently farmed or not, is earmarked for agriculture for the long term ALC Inadequate separation & increased access 26 Ministry of Agriculture - Guide to Edge Planning ALC 27 13

14 What we don t want ALC 28 What we want ALC 29 14

15 What we want ALC 30 Buffering ALC 31 15

16 ALR Use, Subdivision & Procedure Regulation - 171/2002 Part 4.6 (1) transportation and utility applications A person must file an application directly with the Commission for any of the following: a) widening an existing road right of way b) Construction of a road within an existing right of way c) Dedication of a right of way or construction of any of the following: i. New or existing road ; AND ii. New or existing trail, or conversion of right of way to trail use; iii. Utility corridor use; iv. Sewer or waterline. ALC

17 Resources Use provisions of section 86(1)(a) of the Land Title Act to require a report on agricultural concerns related to subdivision Consult with Agri-teams ALC authorities or process Ministry of Agriculture- farming considerations Publications: Guide for Edge Planning Subdivision Near Agriculture.A Guide for Approving Officers ALC 34 CONSERVATION COVENANTS Section 22 (2) of the ALC Act requires the approval of the ALC for a covenant that restricts or prohibits the use of agricultural land for farm purposes. Section 219 of the Land Title Act requires that applications for a covenant include a statement of whether or not any of the lands lie within the ALR. A covenant that prohibits agriculture has no effect until approved by the ALC. ALC 35 17

18 CONSERVATION COVENANTS (cont d) Referral process $150 document administration fee Early consultation preferred Commission approval required Suspect some are being registered without referral to ALC AOs help needed to advise applicants of need for ALC approval Looking for balance; reasonable restrictions accepted ALC 36 Thank you 37 18