Agricultural Land Commission

Similar documents
ALC Bylaw Reviews. A Guide for Local Governments

Application to Subdivide Land in the Agricultural Land Reserve (ALR)

Applications to Exclude Land from and Include Land into the Agricultural Land Reserve (ALR)

July 28, 2016 ALC File: Application to Subdivide Land in the Agricultural Land Reserve (ALR)

~~A ABBOTSFORD COUNCIL REPORT. Report No. PDS Executive Committee. February 12, 2015 File No: /A To: From: Subject:

Application to Subdivide Land in the Agricultural Land Reserve (ALR)

July 28, 2016 ALC File: Re: Application to Exclude Land from the Agricultural Land Reserve (ALR)

A Bylaw to Authorize the Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes

February 27, 2017 ALC File: Application to Exclude the Property form the Agricultural Land Reserve (ALR)

February 15, 2017 ALC File: Application to Conduct a Non-Farm Use in the Agricultural Land Reserve (ALR)

DATE: December 5, 2007 FILE NO.: C

BOARD REPORT. Agricultural Land Commission recommending refusal, this 19th day of January, L// ^ fk- l^- Charles Hamilton, CAO

To: Mayor and Council From: Leah Irvine, Planning Technician Subject: Agricultural Land Commission application for the property located at 28555

November 30, 2016 ALC File: Application to Subdivide Land in the Agricultural Land Reserve (ALR)

Date: April 15, 2016 Meeting Date: May 6, Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 ;

Basic local government tools for managing subdivision

3. THAT the Mayor and Corporate Officer be authorized to execute all documentation relating to this matter.

REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT

Subdivision By-law No. 5208

November 15, 2016 ALC File: Application to Conduct a Non-Farm Use the Agricultural Land Reserve (ALR)

Zoning Bylaw Amendment 1926 Vera Drive (Thomas) Lazo North (Electoral Area B) Lot C, Block 29, Comox District, Plan 32630, PID

November 18, 2016 ALC File: Application to Exclude Land from the Agricultural Land Reserve (ALR)

REPORT TO COUNCIL. District. of Barriere. Re: Re- Application to Exclude Land from the Agricultural. Land Reserve (ALR) Barriere Paint and Body

Section 2: Land Use Designations

BOARD REPORT. FROM: Jennifer Sham Date: September 27, 2016 Planner SUBJECT: Salmon Valley Land Use Amendment (Ralston) Bylaw No.

The Corporation of Delta COUNCIL REPORT Regular Meeting

These can be obtained at the City s Engineering Department or on the City s website (

Land Act CONSOLIDATED PUBLIC LAND AVAILABILITY REGULATION

BOARD REPORT. TO: Chair and Directors File No: LC2545 PL

Regional District of Central Kootenay Subdivision Bylaw No. 2159, 2011

STAFF REPORT. DATE: February 26, 2018 FILE: EASC. Chair and Directors, Electoral Areas Services Committee. Chief Administrative Officer

BOARD REPORT. Agricultural Land Commission (ALC) Application Section 20(3) Non-Farm Use in the ALR

PLANNING PROCEDURES AND FEES BYLAW

REGIONAL DISTRICT OF CENTRAL KOOTENAY BOX 590, 202 Lakeside Drive, NELSON, BC V1L 5R4 ph: fax:

Application: Z Owner: Delauralyn Pihl

DEVELOPMENT. Bylaw No. 2500, 2011 Regional District of Okanagan-Similkameen PROCEDURES BYLAW

MIDWAY CITY Municipal Code

REGIONAL DISTRICT OF CENTRAL OKANAGAN PUBLIC HEARING AGENDA

ADMINISTRATIVE REPORT

ADMINISTRATIVE REPORT

R-11. REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LANDRESERVE FILE NO. 212/2017 (Simpson) PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES

n (Weighted) LGA Part 26 (Unweighted)

STAFF REPORT. Recreation Commercial (RC) Recreation Commercial One (RC-1) Park Residential One (PR-1)

Land Use Zoning & Planning

ADMINISTRATIVE REPORT

PUBLIC HEARING AGENDA

BOWEN ISLAND MUNICIPALITY BYLAW NO. 440, A Bylaw to amend Land Use Bylaw No. 57, 2002

A Guide to the Municipal Planning Process in Saskatchewan

Land Use Zoning & Planning

ADMINISTRATIVE REPORT

B-1 a) PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES ZONING AMENDMENT REPORT BYLAW NO. 2226, rd Reading and Adoption PROPOSAL

Municipality of Brockton Walkerton Community Official Plan Review FINAL Open House. February 22 nd,

DISTRICT OF SECHELT. Emerson Clustered Residential Development - Housing Agreement Bylaw No. 534, 2014

REGIONAL DISTRICT OF NANAIMO BYLAW NO. 500 PART 4 SUBDIVISION REGULATIONS

SOIL DEPOSIT BYLAW

Guide 18 What to Know about Limited Common Property and Short Term Exclusive Use Arrangements of Common Property

Annual ISSN = Agricultural Land Commission annual business report

/THE CORPORATION OF THE CITY OF PENTICTON MEMORANDUM

Application: A Owner: Roger H. Borrett. Address: 3665 Hart Road & 3671 Hart Road Applicant: Roger H. Borrett

Interior health. Subdivision Referrals and Soils Information

Land Asset Management Policy

Provincial Agricultural Land Commission - Staff Report Application: 52667

Electronic Land Title Plan and Plan Application Requirements

ADMINISTRATIVE REPORT

You are requested to comment on the attached LAND USE BYLAW AMENDMENT for potential effect on your agency s

BYLAW NO The Council of the District of Sooke, in open meeting assembled, enacts as follows:

Subject Mississauga Housing Strategy: Rental Housing Protection By-law File: CD.06.AFF

VILLAGE OF LUMBY APPLICATION UNDER SECTION 30(1) OF THE AGRICULTURAL LAND COMMISSION ACT

Practice Bulletin No

Crown Land Use Policy: Agriculture - Extensive APPROVED AMENDMENTS: Summary of Changes: /Approval

Direct Financial Contribution of Farming Areas to Local Governments. Province of British Columbia

Policy Brief Farmland Conservation and Access Program

R-9 REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LANDRESERVE FILE NO. 190/2017 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES

City of Richmond. W~Craig / Director, De-y.e( ment. Report to Committee PLN - 256

SPECIAL COUNCIL MEETING AGENDA December 12, 2017 Following Council Workshop Blaney Room 1 st Floor, Maple Ridge City Hall

Licensed Science Officer Benchmark

SUBDIVISION AND DEVELOPMENT STANDARDS BYLAW. Date: Monday, April 27, Annacis Room. 4:30-4:45 pm

SUBDIVISION AND DEVELOPMENT APPEAL BOARD PARKLAND COUNTY. DATE: May 29, 2018 FILE NO.: 18-S-003

City of Surrey PLANNING & DEVELOPMENT REPORT File:

Richmond County Subdivision By-law

Metro Vancouver's 2011 Generalized Land Use by Municipality (Net Land Area - excluding dedicated road right-of-way and water bodies)

For Committee. Mobile Home Park Redevelopment Tenant Assistance Policy

MEMO RECOMMENDATION REFERRAL

GOVERNMENT CODE - GOV

RM of Torch River BYLAW NO

The Assessment Appraisers Regulations

Greenfield Development Requirements

APC REPORT. Peter Bernacki, Richard Mickle, and Melinda Bell

SMOKY LAKE COUNTY. Alberta Provincial Statutes. To provide a process to close a Government Road Allowance, or cancel a surveyed Road Plan.

BYLAW C

Keith W. Spencer PLS, CFedS

Schedule A to Bylaw No. 477, 2013 APPLICATION FEES 1. Official Community Plan Bylaw Amendment $ Zoning Bylaw Amendment $ Simultaneous Of

Application for Draft Plan Approval of Subdivision or Condominium Updated: August 2017

Land Administration and Management in Nepal" Krishna Raj B.C. Joint Secretary Ministry of Land Reform and Management Nepal

DATE: October 22, 2008 FILE NO.: H

LAND REFORM IN MALAWI

METIS SETTLEMENTS SUBDIVISION REGULATION

STRATA PROPERTY ACT. PDF Version [Printer-friendly - ideal for printing entire document]

In the case of Lot 206, DL 587, SDYD, Plan 466, located at 3550 Valleyview Road, agri-tourism accommodation is a permitted use.

LAND USE PROCEDURES (LUP) BYLAW NO. 1235, 2007

Transcription:

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

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

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

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

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

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

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

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

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

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

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 514 - 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

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

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

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

What we want ALC 30 Buffering ALC 31 15

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 32 33 16

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

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