Land Use Contract Legislation

Land use contracts were allowed in B.C. between 1971 and 1978 as a form of site specific, contractual arrangement between local governments and landowners. LUCs are zoning, development permits, subdivision layouts and servicing agreements all rolled into one document. The intent was to allow more flexibility than traditional zoning. These contracts were registered on land title and they could be amended or discharged in the following ways: 

• By bylaw at any time with the agreement of the local government and landowner
• In the manner specified in the contract

When the land use contract legislation was repealed in 1978, the existing contracts remained in place, however no new contracts could be created.

In 2014, the Local Government Act was changed to terminate all land use contracts by June 30, 2024, giving local governments time to ensure that zoning and other bylaws are in place when the land use contracts terminate. 
 

All properties located within the SLRD, regardless of whether subject to a LUC or not, are subject to the applicable Electoral Area Zoning Bylaw. When LUCs are terminated by the province in 2024, all properties in the SLRD that are within a LUC area will revert to the property’s underlying zone, which has been established by the applicable Electoral Area Zoning Bylaw.

The zone assigned to a property that is regulated by a LUC is referred to as an "underlying zone".
If a property lies within the boundaries of a LUC, all land use regulations are prescribed in the LUC. Nevertheless, all properties in the SLRD are assigned a zone, described in the applicable Electoral Area Zoning Bylaw, including those properties governed by LUCs.

Once a LUC is terminated, the underlying zoning for the property automatically comes into effect.

Find your property’s zone on SLRD Web Map. Enter your address in the search field and your zone will be noted in the pop-up box on the map. The zoning information is linked to the Zoning Bylaw corresponding to your property’s zone.

No, you will not be required to make any changes or upgrades to bring your property or existing dwelling into compliance with the underlying zone, which will regulate your property once the termination of the LUC on your property comes into effect on June 24, 2024.
When the LUC is terminated and the underlying zone takes effect, uses or buildings that do not conform to the zone may be recognized as legal non-conforming. 

There are properties within some LUC areas that do not correspond to the underlying zoning that has been assigned to the property, or that contain uses that are not equivalent to the uses contained within existing zones under the applicable Electoral Area Zoning Bylaw.

If existing lawfully built structures and active uses do not comply with the underlying zoning, they may have legal non-conforming status which allows them to continue.

If a non-conforming use is, among other things, not active at the termination of the LUC or is discontinued for 6 continuous months, owners may lose the non-conforming use protection.

Also known as a “grandfathered” use, legal non-conforming use means the use of any land, building, or structure that legally existed on a property prior to the passing of a Zoning Bylaw governing the property, and that continues to operate out of conformity with the governing Zoning Bylaw regulations.

Simply put, as long as you don’t make any changes to the land, building, or structure recognized as legal non-conforming, it can legally remain as is.

If a non-conforming use is, among other things, not active at the termination of the LUC or is discontinued for 6 continuous months, owners may lose the non-conforming use protection.