83.1 Referral To Designated Highways Official

• 83.1 (1) Unless the application of this section is excepted by order under section 77.1(1)(c), a regional district or islands trust approving officer who receives a plan tendered under section 83(1)(b) or (c)

• (a) must refer the plan to a designated highways official for review, and
• (b) must not approve the plan unless the designated highways official consents.

• (2) The designated highways official may direct the approving officer to impose on the applicant specified requirements that must be met before the plan is approved or that must be conditions of approval.
• (3) Requirements that may be directed under subsection (2) are

• (a) requirements that the approving officer may require under this or another Act including, without limiting this, under section 83(2)(d) of this Act or section 513 of the Local Government Act, and
• (b) any other requirements that the designated highways official considers necessary to ensure that present and future highways needs can be adequately met.

• (4) Without limiting the authority of an approving officer, the approving officer may impose on an applicant any requirements directed by the designated highways official under subsection (2).
• (5) In determining whether or not to consent, the designated highways official is limited to considering the following:

• (a) whether the plan complies with the enactments that establish requirements and standards in relation to highways;
• (b) whether the highways within and leading to and beyond the subdivision are sufficient in relation to their capacity to carry traffic and their provision of access into and out of the subdivision;
• (c) whether any requirements directed under subsection (2) have been satisfied.

1997-25-36, effective March 26, 1998 (B.C. Reg. 85/98); 2000-7-191; RS 2015-1-Rev Sch.