How to Apply for Crown Land


Utilities

Effective July 1, 2007 the Utilities Policy zone rates update will be implemented.

For more information on transition provisions or about the new zone rates, see the Utilities Policy or contact FrontCounter BC.

Application Documents

The following documents should be reviewed prior to submitting your application:

Utility Projects on Crown Land

A utility company supplies a service such as gas, hydro, electricity etc. Utilities consist of distribution lines, pipelines, flow lines, sewer and water systems, electrical transmission and distribution lines and more.

Frequently, utilities are placed on Crown land, including aquatic land. Permission to use Crown land is obtained by application under the Land Act .

All utilities situated on Crown land, whether buried under ground, hung on poles or sunk/buried under water require authorization from the Province of British Columbia, with the exception of provincial pipelines, which are authorized by the Oil and Gas Commission.

To apply for a Utilities tenure, you must be:

  • a Canadian citizen or permanent resident at least 19 years of age; or
  • a partnership or corporation registered in the province of B.C.
Tenure Authorization

Utilities on Crown land are normally authorized by statutory rights-of-way or easements.
A right-of-way may be issued ultimately for as long as the land is required.

The applicant must arrange for land survey to be completed. An interim License of Occupation is required for access, construction and survey.

Other options are:

  • a license of occupation for utilities such as service lines in remote areas, where precise surveyed boundaries are not necessary, or where the use is temporary;
  • variable term licenses. A normal term for a licence is 10 years. For local service power lines in remote areas, the term may be up to 30 years;
  • an interim license for construction or survey for a right-of-way; or
  • a temporary permit for exploration, normally for a term of 6 months or 2 years.
Fees and Rents

Fees and rents which you will be required to pay include:

  • an application fee when you submit your application;
  • you will also have to pay annual rent, as outlined below.
How Is My Rent Determined?

Rents are determined based on zone land values.

As a general rule, zone land values are lower in remote areas and higher in areas such Vancouver Island and Lower Mainland.

Zone values represent a blended average of land values across the zone outside of municipal boundaries, and therefore individual parcels may have a higher or lower value than the zone rate. Where there is market evidence of a significant difference between the zone rate and the market value of land, a percentage of the appraised market value may be used for rental determination, rather than the zone rate.

Rent is also influenced by the type of tenure or licence. For example:

  • Consideration for a right of way is normally a one-time payment for the full term, based on 100% of zone land value, with the minimum payment of $500. Alternatively, an annual payment option may be available upon request from the tenure holder.
  • Rent for a licence is calculated at 7.5% of zone land value. If the applicant chooses to prepay the rent for the term of the tenure, as opposed to pay annually, the amount is normally discounted.
Special Requirements

An applicant for a right of way or easement should obtain the written consent of any Crown lessee, licensee or right of way holder across whose tenure the development is to be built.

Applications from individuals requesting access for private lines are required to include written confirmation from the utility supplying power to the area that it does not wish to apply for the tenure.

In the case of aquatic utility projects, the upland owner's consent is required if the tenure will affect access to deep water from his or her property.

The applicant must also submit a Development Plan showing:

  • location, dimension and description of any utility project or development;
  • the route of utility development;
  • quarry materials which may be required from Crown land; and
  • drainage and other environmental damage control measures.

A performance guarantee bond may be imposed to ensure cleanup of the site when it is no longer required.

The most common reason for delay is submission of an incomplete application, which is then returned to the applicant. To ensure an application is processed as quickly as possible, be sure to complete all the required forms outlined in the Requirements List/Management Plan (22kb) and submit the required Application Fee.

If your application is accepted, you will be notified if Advertising (147kb) is required. Please wait for confirmation before advertising.

If you have questions regarding any aspect of the application process or any of the land tenure programs, contact
FrontCounter BC
.

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