ALR Exclusion Policy
Background
The Regional District is proposing a set of amendments to the Electoral Area Official Community Plan Bylaws (Electoral Area “C”, “D”, “E”, “F”, “H”, and “I”) to address recent changes affecting how Agricultural Land Reserve (ALR) exclusion applications are made.
Note: amendments to the Electoral Area “A” OCP Bylaw will be administered as part of the OCP Bylaw review currently underway.
As of September 30, 2020, private landowners are no longer able to make an application for ALR exclusion, as a result of amendments made to the Agricultural Land Commission Act in an effort to protect the size, integrity and continuity of the land base of the ALR. Henceforward, only a local government (or First Nation or prescribed bodies, such as BC Hydro, Regional Health Board, Educational Body, Improvement District) may submit an exclusion application to the Agricultural Land Commission (ALC).
Previously, a private landowner would make an application to the ALC to exclude their land and this application would be referred to the Regional District for determination on whether it should proceed to the ALC or not. The costs of the application and required advertising (newspaper ads, notification sign) were born by the private landowner and the private landowner was advocating for the exclusion.
Given that it is now the Regional District that would apply for any ALC exclusions within its jurisdiction (except for those from prescribed bodies), the Regional District is proposing to include new policies in the Electoral Area OCP Bylaws that provide specific direction on how the Regional District wishes to address ALR exclusions moving forward.
Since 2012, new Electoral Area Official Community Plan (OCP) Bylaws have stated that it is the policy of the Regional District Board to require ALR exclusions be accompanied by an assessment from a qualified professional agrologist. Such policy statements are included in the OCP Bylaws for Electoral Area “D”, “F”, “H”, and “I”.
Proposed OCP Bylaw Amendments
The Regional District is looking to:
- Add growth management policies to:
- Consider ALR exclusion only within the context of an OCP Bylaw review (i.e. OCP update)
- Encourage property owners to seek approvals from the ALC as an alternative to ALC exclusion
- Generally support maintaining the integrity of the ALR and its existing boundaries (except in Area H, where existing policy already speaks to the ALR boundaries)
- Remove requirements for an agrologist assessment to accompany ALR exclusions
Amendment Bylaw Status
Draft Documents | Public Consultation | Regional District Board Consideration |
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Draft Amendment Bylaw: (version - 2020-03-04)
PIM Presentation (2020-12-11):
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Advisory Planning Commission: Electoral Area "A" Monday, November 9, 2020 5:00 p.m. Sonora Centre 8505 68th Avenue, Osoyoos
Electoral Area "C" Tuesday, January 19, 2021 7:00 p.m. Location: https://rdos.webex.com
Electoral Area "D" Tuesday, November 10, 2020 7:00 p.m. OK Falls Community Centre Gym 1141 CEdar Street, OK Falls
Electoral Area "E" Monday, December 14, 2020 7:30 p.m. Location: https://rdos.webex.com
Electoral Area "F" Monday, November 23, 2020 7:00 p.m. Location: https://rdos.webex.com Minutes (2020-11-23)
Electoral Area "H" December 15, 2020 7:00 p.m. Location: https://rdos.webex.com
Electoral Area "I" Wednesday, December 16, 2020 7:00 p.m. Location: https://rdos.webex.com
Public Information Meeting: Date: Thursday, December 10, 2020 Time: 6:00 p.m. Location: https://rdos.webex.com Notice of Public Information Meeting
Public Hearing: Under Public Hearing Thursday, March 4, 2021 Time: 9:00 am Location: https://rdos.webex.com
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Planning & Development Committee: Minutes (2020-10-15)
Bylaw Introduction (1st & 2nd reading): (version - 2021-02-04)
Public Hearing: Representations
3rd Reading & Adoption: |