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Removal of soil or placement of fill on land in the ALRThe 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:
Exemptions For Specified Non-Farm Uses:
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.
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