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Yukon Land Use Planning (1-YT-a)

Information current as of 2019
In Yukon, elements of land use planning are delegated to municipal governments under the Municipal Act. The Yukon Department of Energy, Mines and Resources Land Planning Branch also regulates some land use planning outside of municipalities in "development areas" as designated by regulation. Yukon – Area Development Act, R.S.Y. 2002, c.10, ss. 2, 3. A development area is any area in Yukon for which the Commissioner in Executive Council considers it necessary in the public interest to regulate development. R.S.Y. 2002, c.10, s. 2.



Land Use Planning Process


1-YT-a.1 – Review Regional Land Use Plans

The developer should review any completed regional land use plans to ensure the project complies. planning regions; North Yukon Regional Land Use Plan.

1-YT-a.2 to 1-YT-a.6 – Determine Who Controls Zoning for the Proposed Project

The developer should determine who controls zoning for the area proposed for the project. In some areas in Yukon, land use is not regulated.

Municipalities regulate the use and development of land within their boundaries through official community plans and zoning bylaws that comply with the municipality's OCP. R.S.Y. 2002, c.154, s. 278, 288–289. The developer should contact the municipality to find out if and how the developer can amend the municipality's official community plans and/or zoning bylaws.

The Land Planning Branch of the Yukon Department of Energy, Mines and Resources regulates the use and development of a development area, including zoning. R.S.Y. 2002, c.10, s. 3. A development area is any area in Yukon for which the Commissioner in Executive Council considers it necessary in the public interest to regulate development. R.S.Y. 2002, c.10, s. 2. The Commissioner in Executive Council must issue regulations for designated development areas that include zoning provisions. R.S.Y. 2002, c.10, s. 3(1)(a). The developer should check the regulations passed pursuant to the Area Development Act for any of the development areas through which the project passes for specific requirements, exceptions, and definitions. R.S.Y. 2002, c.10, s. 3.

1-YT-a.7 – Does the Project Require a Local Area Plan Amendment?

The developer may need to apply for a local area plan amendment if the project does not comply with the development area's local area plan.

1-YT-a.8 – Application for a Local Area Plan Amendment

The developer must submit a complete Application for Land Use Change (Application) to the Yukon Department of Energy, Mines and Resources Land Planning Branch (Land Planning Branch). The developer may also include any additional material or correspondence that is related to the request. Yukon – Application for Land Use Change. There is no application fee required. Yukon – Application for Land Use Change.

1-YT-a.9 to 1-YT-a.10 – Review Application for Completeness

The Land Planning Branch must review the Application for administrative and technical completeness.

1-YT-a.11 – Provide Notice of Application

The Land Planning Branch must provide notice of the Application to neighboring property owners and the general public. The Land Planning Branch must also distribute the Application to any relevant government, First Nation, or local agencies for consultation and comment. Yukon – Application for Land Use Change.

1-YT-a.12 to 1-YT-a.13 – Provide Notice of Public Meeting (If Applicable)

The Land Planning Branch may hold a public meeting, depending on the nature, magnitude, or local interest in the Application. The developer is encouraged to attend the meeting to present the Application and explain their development plans. Yukon – Application for Land Use Change.

1-YT-a.14 – Complete Report on the Application

The Land Planning Branch must fully evaluate the Application and the results of the public/agency review and consultation to draft a report for the development officer in the Land Planning Branch. Yukon – Application for Land Use Change. The Land Planning Branch considers the existing and proposed uses, existing planning and development regulations, potential socio-economic and environmental impacts, and the land's suitability for the proposed activity. Yukon – Application for Land Use Change.

1-YT-a.15 to 1-YT-a.16 – Review Application for Approval

The development officer must review the Application for approval. The development officer can approve the Application, approve a revised amendment, or deny the Application. Yukon – Application for Land Use Change. A final decision on an Application could take a year or more. Yukon – Application for Land Use Change.

1-YT-a.17 – Local Area Plan Amendment

The development officer can approve the Application as submitted or it can approve a revised amendment. Yukon – Application for Land Use Change.

1-YT-a.18 – Appeal (Optional)

The developer has 30 days to appeal a decision by a development officer. C.O. 1976/225, s. 18(1). The Yukon Zoning Appeal Board (Board) has 45 days from receiving the request for an appeal to hold a hearing in consideration of the request. C.O. 1976/225, s. 18(2). The Board must also notify any person or body it deems appropriate. C.O. 1976/225, s. 18(3). The Board must decide on the appeal within 30 days of the hearing. C.O. 1976/225, s. 18(4). The Board must provide notice of the decision in writing to the developer, the development officer, and any intervenors within 30 days of the hearing. C.O. 1976/225, s. 18(5).

1-YT-a.19 – Does the Project Require a Development Area Regulation Amendment?

The developer may need to apply for a development area regulation amendment if the project does not comply with the development area's local area plan. Development area regulations are the zoning bylaw equivalent for development areas.

1-YT-a.20 – Development Area Regulation Amendment Application

The developer must submit a complete Application for Land Use Change (Application) to the Yukon Department of Energy, Mines and Resources Land Planning Branch (Land Planning Branch). The developer may also include any additional material or correspondence that is related to the request. Yukon – Application for Land Use Change. There is no application fee required. Yukon – Application for Land Use Change.

1-YT-a.21 to 1-YT-a.22– Review Application for Completeness

The Land Planning Branch must review the Application for administrative and technical completeness.

1-YT-a.23 – Provide Notice of Application

The Land Planning Branch must provide notice of the Application to neighboring property owners and the general public. The Land Planning Branch must also distribute the Application to any relevant government, First Nation, or local agencies for consultation and comment. Yukon – Application for Land Use Change.

1-YT-a.24 to 1-YT-a.25 – Provide Notice of Public Meeting (If Applicable)

The Land Planning Branch may hold a public meeting, depending on the nature, magnitude, or local interest in the Application. The developer is encouraged to attend the meeting to present the Application and explain their development plans. Yukon – Application for Land Use Change.

1-YT-a.26– Complete Report on the Application

The Land Planning Branch must fully evaluate the Application and the results of the public/agency review and consultation to draft a report for the development officer. Yukon – Application for Land Use Change. The Land Planning Branch will consider the existing and proposed uses, existing planning and development regulations, potential socio-economic and environmental impacts, and the land's suitability for the proposed activity. Yukon – Application for Land Use Change.

1-YT-a.27 to 1-YT-a.28 – Review Application for Approval

The development officer must review the Application for approval. The government can approve the Application, approve a revised amendment, or deny the Application. Yukon – Application for Land Use Change. A final decision on an Application could take a year or more. Yukon – Application for Land Use Change.

1-YT-a.29 – Development Area Regulation Amendment

The development officer can approve the Application as submitted or it can approve a revised amendment. Yukon – Application for Land Use Change.

1-YT-a.30 – Appeal (Optional)

The developer has 30 days to appeal a decision by a development officer. C.O. 1976/225, s. 18(1). The Yukon Zoning Appeal Board (Board) has 45 days from receiving the request for an appeal to hold a hearing in consideration of the request. C.O. 1976/225, s. 18(2). The Board must also notify any person or body it deems appropriate. C.O. 1976/225, s. 18(3). The Board must decide on the appeal within 30 days of the hearing. C.O. 1976/225, s. 18(4). The Board must provide notice of the decision in writing to the developer, the development officer, and any intervenors within 30 days of the hearing. C.O. 1976/225, s. 18(5).

1-YT-a.31 – Development Permit Pre-Application Consultation

The developer is encouraged to contact either the governing municipality or a Land Planning Branch development officer for a pre-application consultation to determine if they need any kind of development permit for the project. Development Permit Process Info Sheet.

1-YT-a.32 to 1-YT-a.33 – Does the Project Require a Development Permit?

The developer may need a development permit if it involves developing, using, or changing the use of municipal land or land within a development area. R.S.Y. 2002, c.154, s. 298(1); Development Permit Process Info Sheet. Some Development Area Regulations allow for a specific type of development permit called a discretionary use permit that is usually required for uses that could have a greater impact on the area than the typically allowed uses. Development Permit Process Info Sheet.

1-YT-a.34 – Application for Development Permit

The developer must submit an application for a Development Permit to the municipality or a Land Planning Branch development officer, depending on the jurisdiction. Municipalities may have their own application forms or requirements for an application, but developer planning a project in a development area should use either the Development Permit Application or the Discretionary Use Permit Application Form from the Land Planning Branch.

1-YT-a.35 – Hold Public Meeting (If Applicable)

The Land Planning Branch may hold a hearing if warranted by the nature, magnitude, or local interest in a discretionary use permit. The developer should plan to attend such a meeting to present their project and explain their development plans. Yukon – Discretionary Use Permit Application Form.

1-YT-a.36 to 1-YT-a.37 – Review Application for Approval

A Land Planning Branch development officer or the governing municipality, depending on the jurisdiction, must review the Application for approval. Municipalities are required to grant a development permit if the Application conforms to the municipal zoning bylaws. R.S.Y. 2002, c.154, s. 298(2). Similarly, the development officer reviews whether the Application conforms with the Development Area Regulation and its development standards. Development Permit Process Info Sheet.

1-YT-a.38 – Development Permit

The developer must adhere to any conditions attached to the permit upon receiving it. Yukon – Development Permit Application Form.

1-YT-a.39 – Appeal (Optional)

The developer can appeal the decision on the Application and/or request a variance in writing to the Yukon Zoning Appeal Board within 30 days of receiving the decision. Minor Variance Info Sheet; C.O. 1976/225, s. 18(1). Some jurisdictions allow variances that are within ten percent (10%) of the zoning requirement. Minor Variance Info Sheet. The Yukon Zoning Appeal Board (Board) has 45 days from receiving the request for an appeal to hold a hearing in consideration of the request. C.O. 1976/225, s. 18(2). The Board must also notify any person or body it deems appropriate. C.O. 1976/225, s. 18(3). The Board must decide on the appeal within 30 days of the hearing. C.O. 1976/225, s. 18(4). The Board must provide notice of the decision in writing to the developer, the development officer, and any intervenors within 30 days of the hearing. C.O. 1976/225, s. 18(5).


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