WHEREAS the Agricultural Land Commission the Commission has jurisdiction on the placement of fill in lands in the Agricultural Land Reserve the Reserve, including roads and berms; AND WHEREAS the placement of fill can have potentially adverse impact on surrounding properties and the environment: THEREFORE BE IT RESOLVED that UBCM urge the provincial government to amend the legislation governing the Commission to require that, as part of the application process for placement of fill on lands, including access roads and berms, a full analysis of the impact of this fill on surrounding lands be provided and if any adverse impacts are identified require they be addressed to the satisfaction of the Commission in consultation with senior and local government prior to approval being authorized.
Ministry of Agriculture, Agricultural Land Commission ALC The placement of fill on land in the Agricultural Land Reserve ALR is regulated under the Agricultural Land Commission Act ALCA and regulation. Filling for non-farm purposes requires an application to the Agricultural Land Commission ALC. Certain prescribed land use activities within the ALR are allowed without an application and includes the placement of fill necessary for those activities. The placement of fill may be regulated by local government bylaws. Where an application is made, the concern of the ALC is to assess whether the placement of fill is necessary for farm purposes in the short and long term and the impact of the filling activity, to ensure that the lands under application are not debilitated. The ALC also considers the potential for adverse impact on surrounding ALR lands. Local governments play a role by providing advice and recommendations to the ALC on each application. Under BC Regulation 1712002, land use activities such as land development works including berms and on-farm roads and the placement of necessary fill, where required for farm use, may take place without application to the Commission. In these situations, the ALC encourages farmers to work closely with local governments and neighbours when planning and carrying out land development works to address concerns and mitigate potential impacts on surrounding lands. Local governments may regulate, but not prohibit, such farm use activities and are encouraged to work with the ALC to establish soil bylaws to help address concerns about the impacts of filling. The ALC believes that a community or regionally coordinated approach to managing drainage and flooding risks in farm areas is a more appropriate strategy as opposed to ad hoc, farm by farm, projects that involve land development works and placement of fill. The ALC has indicated a willingness to participate in the development of proactive regional solutions that will ultimately lessen potential adverse impacts and encourage farming of ALR lands.