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REFERENCE:
Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002), the "Regulation", Section 3 (1) (n)
| Section 3 (1) | "the following land uses are permitted in an agricultural land reserve unless otherwise prohibited by a local government bylaw: |
| | (n) | construction and maintenance, for the purpose of drainage or irrigation or to combat the threat of flooding, of |
| | (i) | dikes and related pumphouses, and |
| | (ii) | ancillary works including access roads and facilities
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INTERPRETATION:
The Regulation permits dikes, pumphouses and ancillary works including access roads and facilities for drainage, irrigation or flood control, on a parcel in the ALR.
The amount of fill placed or the removal of fill for the purpose of drainage or irrigation must be justifiable and the Commission suggests that the local authority rely on flood level information to determine the elevation necessary to prevent flooding.
If it is determined that the construction of a dike is necessary, the volume of fill permitted would be the volume necessary to properly construct a stable barrier to the required elevation.
Prior to the dike construction, in accordance with good agricultural practices, the Commission recommends that the native soil be stripped for use elsewhere on the property.
The Commission also recommends that the spoils from extraction be retained and used elsewhere on the property in accordance with good agricultural practices, if appropriate.
The Regulation does not allow widespread or area-wide filling to create a uniform elevation above the flood plain but rather allows perimeter or sectional flood control or irrigation measures and structures such as dikes or ditches for these purposes.
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