>> Special Circumstances>> Indian Reserves>> United States Border>> Pipelines>> Railway Crossings>> Covenants>> Utility Right of Way in Subdivisions>> Authority for Controlled Access Highways>> Arterial Highways>> Authority for Road Closures>> Agricultural Land Commission
These do not apply in the majority of cases. Where applicable, they may add to the time to review the proposal, and the Approving Officer may require addtional approvals prior making a final decision on the application.
Development within Indian Reserves is entirely outside the Ministry's
authority. Roads within Indian Reserves are not public roads as defined
by the Transportation Act and the Ministry's only input would
concern their connection to the public road system. Before approving
their connection to the public road system, the District Development
Technician or District Manager, Transportation must make sure that they
meet the same requirements as other types of access.
United States Border
When a subdivision adjoins the United States border, the Approving
Officer may request the developer to return to the Crown an 18-metre strip
of land along the border. Alternatively, the Approving Officer may consider a covenant
restricting building on the 18-metre strip. There
is no legal requirement to obtain this strip of land; however it is
useful if a right of way is granted along the Canadian side of the border.
The covenant restricting building would facilitate the right of way.
A proposed road in a subdivision plan may cross a gas or oil pipeline.
The Oil and Gas Commission (OGC) has regulatory authority where proposed
subdivisions cross a pipeline, pursuant to the Provincial Oil And Gas Activities Act
and Regulations. This applies to all pipelines operated wholly within
the Province of British Columbia.
Oil or natural gas pipelines that cross interprovincial or international
boundaries are regulated by the National Energy Board pursuant to the Federal
National Energy Board Act.
Railway Crossings relative to subdivisions are governed by BC Safety Authority, Transport Canada and the Canadian Transportation Agency. The Approving Officer does not approve the final subdivision plans until the Ministry receives the agreement from the railway company, or a decision authorizing the level grade crossing and no objections have been filed in response to a Public Notice in accordance with the Railway Safety Act.
Proposed railway crossings must meet all applicable requirements of the Safety Standards, Safety Autority,Canada Transportation and the Railway Safety Acts and supporting standards, regulations and guidelines before work can commence.
The Approving Officer may require
a covenant as a condition of approval, or there may already be one or more covenants on the title which must be complied with. The following are some of the
most common cases, but there are others as well:
- A parcel cannot satisfy sewage disposal regulations (with respect
to on-site primary and secondary sewage disposal areas)
- Part of the lands to be subdivided is subject to natural hazards,
including erosion, flooding, landslip or rock fall
- Approval is based either on specific land uses only or on denying
specific land uses
Utility Right of Way in Subdivisions
If road dedication takes place over a utility right of way, the utility
as holder of the right must sign the final plan. The applicant is responsible for obtaining
the signature and paying all costs associated with obtaining it.
for Controlled Access Highway
Section 48 of the Transportation
Act designates some highways as “Controlled Access Highways”.
These highways may be located anywhere in the
Province. The Ministry of Transportation has zoning, access and subdivision
regulatory roles over the land adjacent to these highways.
The Minister of Transportation regulates subdivisions adjacent to controlled
access highways to minimize the impact of development on safety and traffic flow on these highways. This requirement
applies whether the lots proposed abut the controlled
access highway or only the remainder is adjacent to the highway. The
Ministry of Transportation requires all access to be via a local street or frontage road if at all possible.
Authority for Road Closures
Road closures refer to the cancelling of
highway rights of way, or parts thereof, creating titled land. For highways under provincial jurisdiction, the Ministry
of Transportation and Infrastructure administers road closure permits pursuant to Section
60 of the Transportation Act. Often a subdivision plan or reference
plan of consolidation will result in a disposal of land.
If a subdivision proposal includes the closure of an existing highway right of way, that closure is made through a separate process. For information about road closure applications, ask your district development technician.
Agricultural Land Commission
Subdivision proposals that include land within the Agricultural Land Reserve must meet the
approval of the Agricultural Land Commission in order to receive Preliminary Layout Approval.
The Agricultural Land Commission’s authority and responsibilities for
managing the ALR are found in the Agricultural Land Commission Act
and regulations passed by the provincial legislature and cabinet. The
Commission encourages local governments to adopt plan and bylaw provisions
that are supportive of farm activities and compatible uses in the ALR,
and that recognize the wide range of agricultural values and the economic,
social and environmental contributions of a healthy agricultural sector
to communities and regions.
This authority may be delegated to a regional district. In any case, application is made through the relevant regional district. There is a fee charged for application.
For more information about the Agricultural Land Commission and developing
properties, see the publication ALR
and Community Planning Guidelines.