Applications to subdivide land within the Agricultural Land Reserve
should be submitted through the local government. If the land is adjacent
to the Agricultural Land Reserve, the proporsal may be referred directly
to the Agricultural Land Commission for confirmation of the Agricultural
Land Reserve boundaries. Please note: in some areas of the province,
the authority to make decisions on land use and subdivision applications
within the Agricultural Land Reserve has been delegated to local government
pursuant to section
26 of the Agricultural Land Commission Act. As of January 1, 2005
only portions of the Regional Districts of Fraser Fort George and East
Kootenay are affected.
If the Land Reserve Commission allows the subdivision, it sends the District Development Technician a letter stating any conditions. If a covenant is required as a condition of the Commission's approval, it should be in favour of the Land Reserve Commission. If the final subdivision plan differs significantly from the sketch approved by the Commission, the Approving Officer cannot give final approval.
Subdivision of land located partially or totally within the Agricultural
Land Reserve cannot be approved without the permission of the ALC unless
conditions specified in the Agricultural
Land Reserve Use, Subdivision and Procedure Regulation, B.C. Reg.
171/2002 are met. Final plans require an endorsement by the approving officer as
Schedule 11(1)(a) of BC Regulation 171/2002. On behalf
of the Provincial Approving Officer, the District Development Technician
may check with the Ministry of Agriculture Fisheries and Food District
Agriculturist and the appropriate Regional Research Officer for an opinion
on whether the subdivision proposal complies with BC Regulation 171/2002.
If the subdivision is for farm purposes or to provide a separate residence and is non-developmental, the Approving Officer should consider whether it is necessary and reasonable to protect road widening and access to lands beyond at this time. Road dedications cannot exceed those allowed by BC Regulation 171/2002. Access by easement does not satisfy the requirements of the Land Title Act.