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Notice of Intent for Proposals to Place Fill or Remove Soil
The removal of soil and placement of fill for specified farm and non-farm uses are exempt from the requirement to file an application under the Agricultural Land Commission Act providing that certain requirements are met.
Part 3 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation specifies the notification requirements and the farm uses and non-farm uses involving the placement of fill and removal of soil that qualify for exemption.
A person who intends to place fill or remove soil for specified farm uses or specified non-farm uses must file a Notice of Intent with the Agricultural Land Commission at least 60 days before engaging in the intended use.
There is no filing fee.
Within 30 days of receiving the Notice of Intent, the Chief Executive Officer of the Agricultural Land Commission:
- May provide written confirmation that the removal of soil or placement of fill is exempt from the requirement to file an application under section 20 of the Agricultural Land Commission Act;
- May require the submission of a non-farm use application under section 20 of the Agricultural Land Commission Act;
- May request additional information.
If the Chief Executive Officer requires additional information, the applicant has 30 days to submit an amended notice.
Following receipt of the amended notice, the Chief Executive Officer has 45 days to respond.
If a proposal does not qualify for exemption, an Application for Non-farm Use to Place Fill or Remove Soil is required.
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