Carcross Planning & Zoning/Rezoning
The Carcross Tagish First Nation Self Government Agreement (CTFN SGA) states that CTFN and the Yukon government must attempt to reach consensus on the identification of a
community boundary for both Carcross and Tagish. The community boundary was to have been set within 180 days after the Effective Date of the SGA (January 7, 2006), but
the process is at the government to government discussion stage right now. There will be opportunity once a boundary is agreed upon by CTFN and Yukon for community review.
Development of a Local Area Plan will follow. The Local Area Plan captures the community objectives for safe, healthy, orderly development and land use within the boundary, how to
maintain and improve the quality of life, compatibility and use of the physical and natural environment, considerations for land use and development and other resources in
adjacent areas, and the plan will determine a process for review and amendments. This planning process has not begun as of yet.
A planning committees was to have been established within 14 months of the Effective Date to direct the preparation of the Local Area Plan.
The committee will be comprised of 6 members, of whom half will be nominated by the Yukon and half will be nominated by CTFN. Once the Local Area Plan is in place, YTG
will update zoning regulations to mirror identified community use.
Although the process is currently far behind schedule, the CTFN SGA also allows for individual parcel rezoning to occur in parallel with the Local Area Planning process.
In other words, individuals may for example seek to amend the discretionary use of a parcel so as to allow for a use that currently does not conform (a B&B, for example) and
the application would be accepted for
consideration as is the case with every rezoning application. There is no charge for making application. The CTFN SGA would limit something like entire subdivision rezoning
until a Local Area Plan is in place, but land owners with unique parcels of land may apply anytime. There is also a requirement for Consultation with CTFN on all rezoning
applications.
The general process is clearly laid out on line at http://www.community.gov.yk.ca/general/rezoning.html. Basically, if a person wants to rezone a unique parcel of land for any use, the process is as follows:
- Person must apply for rezoning - you can download the rezoning application ("Application for Amendment to
Area Development Regulations") or come to Community Land Planning and fill one out.
- Community Land Planning reviews the application to make sure it adheres to Yukon laws and land use planning principles, including compliance with any Local Area
Plan (if one exists).
- Land planning seeks permission to undertake a public notification strategy. Community Land Planning distributes the application to other government agencies and
First Nation government. Neighboring property owners are also advised and given the opportunity to comment. A notice is posted in the local papers. In some cases, a public
meeting may also be held. There is 30 days to comment.
- Community Land Planning must report on the findings to Cabinet. Cabinet may at this point approve, approve with conditions, or deny the rezoning application. The
decision of Cabinet is final.
- If approved, and since Zoning is law, it would have to go to Justice for review and drafting of OIC amendment.
- Ultimately all rezonings are decisions of Cabinet.
Community Land Planning will normally make a recommendation on an application within three or four months. Depending on the nature of the request and the extent of the
review, it can take between four and 18 months or more to get final Cabinet approval.
If assistance with the process is required, you can contact the Development Officer for Carcross, Pat Scott, in person or by phone (667-5094).
Carcross Area Planning & Zoning Links
Other Yukon Planning & Zoning
