LAND USE PLANNING AND DEVELOPMENT ACT

Act

LAND USE PLANNING AND DEVELOPMENT ACT(PDF 390KB)

Regulations

Zoning Regulation (posted Oct. 29, 2009)
Off Sites Levies Regulation (posted Oct. 25, 2009)
Development Permit Guidelines (posted Oct. 2, 2009)
Subdivision and Development Regulation (posted Sept. 29, 2009)
Building Regulation (posted Sept. 29, 2009)

Summary:

Note: The summary below is not a legal document. It should not be relied upon for accuracy and does not in any way replace, supercede, or supplement the Law.

This act sets out principles for land use planning and  zoning that must be used on TFN lands.  It adopts the land use plan that was approved by the community in 2008 and gives it the force of law.  That plan cannot be amended in the future without a community vote.

The large coloured blocks on the land use plan map are referred to as land use designations.  They will be binding on all individuals and on TFN government and its agencies when decisions are being considered to develop land for particular uses.  In some cases, uses may be permitted that are not as set out in the designations, but this can only happen after proposals are carefully considered. Executive Council will have to look at studies and reports and the community will have to be consulted.  It is expected that few developments would make it through this kind of review.

Each of the land use designations will be subject to zoning regulations.  Zoning regulations restrict land uses to particular things such as residential, commercial, industrial, farming and community use.  They set out detailed requirements that must be met for construction within each of these types of uses.  The zoning regulations are under development and will have to be reviewed and approved by Chief and Council.  When they are passed they will have the force of law, and anyone who does not follow the restrictions in them will suffer significant penalties.

Zones are lines on a map and rules to follow. They do not themselves permit people or agencies to go ahead and develop the land.  A process of approval by the land branch will be required in order to proceed with development of the land and construction on it.  If the land has to be divided into smaller parcels, a subdivision plan will have to be created and filed with TFN Government and the Land Title Office of BC.  It will have to show how access is to be provided to the new parcels.

All developments will have to meet some overall requirements such as contributing to infrastructure, protecting the environment and meeting sustainability goals.  Each development will be reviewed to see that it meets the zoning rules.  If changes are needed a special process will have to be followed, including community consultation.  Everyone who proceeds with development will have to get sign off through a development permit and a building permit.

In the cases of commercial and industrial developments, TFN may charge a special fee often known as a development charge to help finance the major infrastructure needed to serve the new development uses of properties.

In cases where people have built structures inadvertently that do not meet zoning requirements they may be excused from the requirements if fixing the problem would create real hardship for them.  They can do so by applying for what is know as a variance.

This act will require that special steps be followed before it is amended in the future.  The legislature will be required to decide whether any proposed amendments are significant enough to require a community vote.  If they are, amendments will only be made after the community vote has been held.