Land Use Permit (3-YK-e)
The Yukon Department of Energy, Mines, and Resources Land Management Branch regulates territorial land use pursuant to the Territorial Lands (Yukon) Act and the O.I.C. 2003/5, Yukon Land Use Regulation.
Land Use Permit Process
3-YK-e.1 – Application for Land Use Permit
The developer must submit two copies of an Application for Land Use Permit (Application) to the engineer, who is any public officer appointed by the Minster of Energy, Mines, and Resources (Minister) to serve the area in which the lands in question are located. O.I.C. 2003/51, s.1, 3, 21(1). In addition to the Application form, the developer must also submit an application fee found in Schedule 1, a land use fee found in Schedule 2, and a preliminary plan showing:
- The lands to be used;
- An estimate of their area; and
- The approximate location of all:
- Existing lines, trails, rights-of-way, and cleared areas proposed to be used in the land use operation;
- New lines, trails, rights-of-way, and cleared areas proposed to be used in the land use operation;
- Buildings, campsites, air landing strips, air navigation aids, fuel and supply storage sites, waste disposal sites, excavations, and other works and places proposed to be constructed or used during the land use operation; and
- Bridges, dams, ditches, railroads, highways and roads, transmission lines, pipelines, survey lines and monuments, air landing strips, streams, and all other features, structures or works that, in the opinion of the applicant, may be affected by the land use operation.
3-YK-e.2 – Require Inspection and/or Additional Information (Optional)
The engineer may require an inspection of and/or additional information about the physical and biological characteristics of the lands in question from the developer before issuing a Land Use Permit. O.I.C. 2003/51, s.22(1).
3-YK-e.3 to 3-YK-e.5 – Review Application for Completeness
The engineer must notify the developer of an incomplete Application within ten (10) days for a Class A Land Use Permit or within three (3) days for a Class B Land Use Permit. O.I.C. 2003/51, s.23, 25. The notice must be in writing and must include any reasons why the Application could not be accepted. O.I.C. 2003/51, s.23, 25.
3-YK-e.6 – Notify Developer of Additional Time or Studies Needed (If Applicable)
The engineer must notify the developer in writing within ten (10) days of receiving a Class A Land Use Permit Application if more time or further studies are needed before deciding on the permit. O.I.C. 2003/51, s.24(1)(b)–(c). The engineer can also notify the developer that the engineer will consider their Application for a Class B Land Use Permit as an Application for a Class A Land Use Permit instead, in which case the engineer could require more time or additional studies after notification. O.I.C. 2003/51, s.27.
3-YK-e.7 to 3-YK-e.8 – Review Application for Approval
The engineer must notify the developer in writing of their final decision on the Application within ten (10) days of receipt, unless the engineer required more time or additional studies. O.I.C. 2003/51, s.24(1), 26. For a Class B Land Use Permit, the engineer must either issue the Permit with conditions or refuse to issue the Permit, including reasons why, within ten (10) days. O.I.C. 2003/51, s.26, 30. For a Class A Land Use Permit, if the engineer did not require more time or further studies then they must issue the permit with conditions or refuse to issue the permit, including reasons why, within ten (10) days. O.I.C. 2003/51, s.24(1), 30. If the engineer needed more time to consider the Application, they have 42 days from receipt to either issue the Land Use Permit, refuse to issue the Permit, or order further studies. O.I.C. 2003/51, s.24(2). If the engineer ordered further studies upon receipt of the Application, they have 12 months from receipt to either issue the Permit with conditions or refuse to issue the Permit, including reasons why. O.I.C. 2003/51, s.24(3), 30.
3-YK-e.9 – Land Use Permit
The developer must display a copy of the permit, including the assigned permit number, and any attached conditions in a manner and places as required by the engineer. O.I.C. 2003/51, s.29. Attached conditions can include any of the following:
- The location and the area of territorial lands that may be used;
- The times at which any work or undertaking may be carried on;
- The type and size of equipment that may be used in the land use operation;
- The methods and techniques to be employed by the permittee in carrying out the land use operation;
- The type, location, capacity, and operation of all facilities to be used by the permittee in the land use operation;
- The methods of controlling or preventing ponding of water, flooding, erosion, slides, and subsidence’s of land;
- The use, storage, handling, and ultimate disposal of any chemical or toxic material to be used in the land use operation;
- The protection of wildlife and fisheries habitat;
- The protection of objects and places of recreational, scenic, and ecological value;
- The deposit of security in accordance with section 35 of the Land Use Regulation;
- The establishment of petroleum fuel storage facilities;
- The methods and techniques for debris and brush disposal; and
- Such other matters not inconsistent with the Land Use Regulation as the engineer thinks necessary for the protection of the biological or physical characteristics of the land management zone.
3-YK-e.10 – Appeal Decision (Optional)
The developer can appeal the engineer's decision in writing to the Minister of Energy, Mines and Resources within 30 days. O.I.C. 2003/51, s.44(1))–(2). The request for an appeal must include the decision being appealed, the relevant circumstances surrounding the decision, and the grounds for the appeal, in addition to any other relevant information the Minister requires. O.I.C. 2003/51, s.44(2)–(3).
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