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Removal of soil or placement of fill on land in the ALR

The Agricultual Land Commission Act designates soil removal and fill placement as non-farm uses requiring an application to the Commission under section 20. The Agricultural Land Reserve Use, Subdivision and Procedure Regulation establishes a results-based process and also provides for certain exemptions from the application process. Under this regulation the Chief Executive Officer can consider extraction and fill proposals without the need for an application for specified farm and non-farm uses.

Exemptions for Specified Farm Uses:

  • the construction, maintenance and operation of a greenhouse on an area of land if the area occupied by the greenhouse is greater than 2% of the area of the parcel
  • the construction, maintenance and operation of a farm building or structure, for use in an intensive livestock operation or for mushroom production, if the area occupied by the farm building or structure is greater than 2% of the area of the parcel
  • the construction, maintenance and operation of an aquaculture facility if the area occupied by the aquaculture facility is greater than 2% of the area of the parcel
  • the construction, maintenance and operation of a composting facility for the production of Class A compost as defined in the Organic Matter Recycling Regulation, BC Reg. 18/2002 or compost from agricultural waste, if the area occupied by the facility is greater than 2% of the area of the parcel
  • a turf farm.

Exemptions For Specified Non-Farm Uses:

  • aggregate extraction greater than 500 m3
  • peat extraction
  • placer works including the exploration, development and production of placer minerals as defined in the Mineral Tenure Act
  • the construction, maintenance and operation of a composting facility for the production of managed organic matter.

To pursue an exemption an owner must notify the Commission and the local government of the intent to remove soil or place fill at least 60 days before engaging in the use by filing a notice of intent with the Commission and forwarding a copy to the local government. If the Chief Executive Officer requests additional information on the proposal within 30 days of receipt of the notice of intent the owner has 30 days from the date of the request to respond.

The owner must comply with the restrictions on the use and the terms and conditions ordered by the Chief Executive Officer provided the Chief Executive Officer’s order is made within 30 days after receiving the original notice of intent or within 45 days after receiving an amended notice. If the owner does not agree to the restrictions on the use or the terms and conditions ordered by the Chief Executive Officer, the owner may submit a non-farm use application to the Commission by filing an application with local government.

Under the results-based process for considering extraction and fill proposals, the Chief Executive Officer will be able to consider and allow certain proposals without the need for an application. This procedure was developed in recognition that many proposals are minor in nature or of relatively low risk from an agricultural perspective and should not be subjected to the same level of review as larger projects. In other words, the Commission wanted to get away from the "one size fits all" scenario.

For more information contact Trevor Murrie, Staff Agrologist at 604 660-7016.