Copyright © 2003: Agricultural Land Commission,
Burnaby, British Columbia, Canada		 This is not the official version.
Only the printed version issued by the Agricultural Land Commission is the official version. Copies of the official version may be obtained from the Agricultural Land Commission, Room 133 - 4940 Canada Way, Burnaby, BC V5G 4K6, telephone: 604 660-7000.

Copyright in the electronic version of this Policy belongs exclusively to the Province of British Columbia. This electronic version is for private study or research purposes only.


Agricultural Land Commission Act

Policy #18 
June 2003 

PLACEMENT OF FILL OR REMOVAL OF SOIL:
CONSTRUCTION OF FARM BUILDINGS
 

This policy provides advice to assist in the interpretation of the Agricultural Land Commission Act, 2002 and Regulation. In case of ambiguity or inconsistency, the Act and Regulation will govern.

REFERENCE:

Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002), the "Regulation", Section 2 (2) (o):
Section 2 (2)"the following activities are designated as farm use for the purposes of the Act and may be regulated but must not be prohibited by any local government bylaw except a bylaw under section 917 of the Local Government Act:
 (o)the construction, maintenance and operation of farm buildings including, but not limited to any of the following:
(i)a greenhouse;
(ii)a farm building or structure for use in an intensive livestock operation or for mushroom production;
(iii)an aquaculture facility
Section 4 Unless permitted under the Water Act or the Waste Management Act, any use specified in subsection (2) includes soil removal or placement of fill necessary for that use as long as it does not
(a)cause danger on or to adjacent land, structures or rights of way, or
(b)foul, obstruct or impede the flow of any waterway."

INTERPRETATION:

Where it has been determined through the building approval process that placement of fill or removal of soil is necessary for the construction of a farm building, of which the building area is less than 2% of the area of the parcel, the acceptable volume of fill or soil removal is that needed to undertake the construction of the building. The over-riding principle is that the volume is reasonable and the quality of material is not deleterious to the agricultural quality of the land or the environment and all activity must be done in accordance with good agricultural practice.

Refer to section 4 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation for buildings greater than 2% of the area of the parcel.