The Agricultural Land Reserve (ALR) in BC: What You Can Do

If you are buying or already own land in the Agricultural Land Reserve (ALR), your options are different from those on ordinary rural land. Rules about housing, businesses, rentals and subdivision can all be affected.

This article walks through the main limits and when you need approval from the Agricultural Land Commission (ALC). Rules and thresholds can change, so confirm current details before you commit.

This article covers the law of British Columbia.

Farm and non-farm uses

Farm uses listed in Part 2 of the ALR Use Regulation, including wineries, farm retail sales and agri-tourism, can be restricted but not prohibited by a local or First Nation government.

Part 3 permitted non-farm uses, such as home-based businesses, pet kennels, and conservation and passive recreation, need no ALC application or approval if conditions are met, and some can be prohibited by local or First Nation governments. Check both the regulation and local bylaws.

In practice, this means two layers of rules can apply to the same use: the provincial regulation and the bylaws of the local or First Nation government. A use that is allowed under one may still be limited by the other, so it is worth checking both before you spend money on a plan.

Housing in the ALR

• Generally one principal residence per parcel; no ALC approval is needed if its total floor area is 500 m² or less.
• A secondary suite is allowed only inside the principal residence, and local bylaws must permit it and may restrict or prohibit it.
• An additional residence needs no ALC approval only if one residence exists when construction starts, it is detached from the principal residence, and it is no larger than 90 m² (parcels of 40 ha or less) or 186 m² (parcels over 40 ha).
• Fill or soil removal for an additional residence needs a Notice of Intent.

Fill for a principal residence is allowed without authorization if the fill area is 1,000 m² or less.

Even where no ALC approval is needed, building permits are a separate matter. The Province says the required permits must be obtained before any stage of a building or renovation project begins, and the local government or First Nation issues building permits. Requirements and exemptions for minor work vary by local government, so contact yours first.

When ALC approval is needed

A Non-Adhering Residential Use application is required for a principal residence over 500 m², an additional residence over the size cap, more than one additional residence, keeping the old home while a replacement is built, or any residential use not complying with the ALCA or ALR Use Regulation.

Approval is not automatic, so do not plan a purchase around housing plans that exceed these limits.

Subdivision and rentals

Land in the ALR cannot be subdivided unless specifically allowed by the ALC or a regulation, and approving officers generally cannot approve or register an ALR subdivision without that. The restrictions apply to all ALR parcels, including those under 2 acres. The ALCA sets no minimum parcel size, and meeting a local minimum does not guarantee ALC approval.

There is a limited exception under ALC Policy L-11: an eligible owner may apply for a one-time subdivision to separate an existing homesite, generally if they owned and lived on the property as their principal residence on or before December 21, 1972 and will sell the remaining land. There is no automatic right.

Short-term rental of a whole house in the ALR is not permitted by regulation without an application. Bed-and-breakfast use in a principal residence is allowed without application when limited to four bedrooms.

Separate from the ALC rules, provincial short-term rental registration applies to rentals of fewer than 90 consecutive days, and compliance with local bylaws is a condition of registration. The principal residence requirement does not apply to Class 9 farm land, but ALR designation alone does not qualify, and registration is still required for Class 9 farm land.

What to do next

• Confirm whether the parcel is in the ALR before you make or remove conditions on an offer.
• List the uses you plan: farming, a business, extra housing, rentals or subdivision.
• Compare each against the size and number limits above.
• Check local bylaws, which may be stricter for non-farm uses and secondary suites.
• Talk to a lawyer before buying if your plans may need ALC approval.

ALR housing rules and thresholds may be amended, so confirm them on the ALC website. How all of this applies to your parcel depends on your situation, so it is worth confirming with a lawyer before you rely on any one plan.

Frequently asked questions