Section 510 of the Local Government Act allows
Regional Districts to acquire for park purposes up
to 5% of the land being developed. Land designated for park under this
Section should be shown as “park” on the subdivision plan.
This power to acquire parkland does not
- The subdivision will create fewer than three additional
- The smallest lot being created by the subdivision
will be larger than two hectares
- The subdivision consolidates existing parcels
Payment in Lieu of Dedication:
If the Regional District has Letters Patent for the park function, the landowner
has the option of paying money in lieu of the 5% dedication.
However, if an
official community plan or a rural land use bylaw contains policies and designations
regarding the location and type of future parks, the Regional District may
decide whether the applicant should provide land or money.
The Regional District is responsible for identifying the need for park dedication
and determining where it should be located. It does this in response to the
Ministry's subdivision referral. The applicant and the Regional District work
out the details of cash in lieu as well as any disagreement about the location
of the park.
Dedication of Linear Parkland
It may be in the public's
best interest to establish a strip adjacent to a stream or river as Crown
Land pursuant to Section 85 of the Land Title Act and
Section 510 of
the Local Government Act.
For example, if a river has high recreational
value, a seven-metre wide strip adjacent to a river may be recommended to
allow access for people wishing to fish.
A park does not qualify as a road.