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In This Volume

  • 58 (1) The Lieutenant Governor in Council may make regulations respecting farm uses and non-farm uses as follows:
  • (a) designating uses of agricultural land as farm use;
  • (b) specifying farm uses of agricultural land that may not be prohibited by a local government enactment or a first nation government law;
  • (c) prescribing permitted non-farm uses for the purposes of section 20 (1);
  • (d) specifying permitted non-farm uses that may or may not be prohibited by a local government enactment or a first nation government law.
  • (2) The Lieutenant Governor in Council may make regulations respecting residential uses as follows:
  • (a) prescribing, by type or purpose, structures that are residential structures, including permanent and temporary structures, vehicles used as residences, roads, utilities, recreational and storage facilities and landscaping;
  • (b) for the purposes of section 20.1 (1) (a) and (b), respecting circumstances in which
    • (i) an additional residence is permitted, or
    • (ii) a principal residence may have a total floor area of more than 500 m2;
  • (c) for the purposes of section 20.1 (1) (c),
    • (i) respecting the size and siting of residential structures and methods for determining size and siting,
    • (ii) requiring all residential structures to be sited within a prescribed area on a parcel of agricultural land, and
    • (iii) permitting or prohibiting types of residential uses and imposing limits or conditions on residential uses;
  • (d) for the purposes of section 20.1 (1) (c), providing a process to apply for a variation of or exemption from a regulation made under paragraph (c) (i) or (ii) of this subsection, including
    • (i) respecting applications and fees for applications,
    • (ii) respecting hearings,
    • (iii) respecting matters that must be or may not be considered in making a determination, and
    • (iv) deeming an application to be a use or subdivision application for the purposes of this Act.
  • (3) The Lieutenant Governor in Council may make regulations respecting soil or fill uses as follows:
  • (a) exempting materials from the definition of “fill”;
  • (b) for the purposes of section 20.3 (1) (b), specifying circumstances in which the removal of soil and placement of fill are permitted.
  • (4) The Lieutenant Governor in Council may make regulations respecting records that must be kept, and the period for which records must be kept, by persons engaging in any of the following:
  • (a) a farm use to which subsection (1) (a) or (b) applies;
  • (b) a non-farm use, non-adhering residential use or soil or fill use permitted under this Act.
  • (5) In making a regulation under subsection (2) or (3), the Lieutenant Governor in Council may impose limits or conditions on the use of agricultural land, including, without limitation, limits or conditions
  • (a) that take into account agricultural, environmental, heritage, economic, cultural and social values, and
  • (b) that are based on parcel size and location.

2019-32-35, effective September 30, 2020 (B.C. Reg. 57/2020).