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Chemainus campground can stay on ALR land but only under present ownership

Ruling determines Chemainus property must revert to agricultural land whenever itB次元官网网址檚 sold

The Chemainus River Campground can remain as a campground, but only under the current ownership.

ThatB次元官网网址檚 one of the rulings made by the Agricultural Land Commission on an application submitted by the Municipality of North Cowichan on behalf of campground owners John and Jeri Wyatt to remove the campground from the Agricultural Land Reserve.

John subsequently died in September, leaving Jeri as the sole surviving owner. She turns 80 next year and isnB次元官网网址檛 sure how long she can keep up the campground on her own, but is getting help from family members and people staying in the campsites.

The Wyatts bought the nearly 23-acre property in 1980 and have operated the campground for 20 years on the site. They sought to expand the campground in 2017 and the ALC began the process toward its response in 2018 on whether the campground could continue on the Agricultural Land Reserve or cease to exist and revert to agricultural usage.

B次元官网网址淭he decision allows the campground to remain as long as the current owners continue to operate it,B次元官网网址 said Rob Conway, director of planning and building for the Municipality of North Cowichan.

B次元官网网址淭he campground is to be removed if the property transfers and be restored to some sort of agricultural land.B次元官网网址

The ALC report indicates the panel does not approve the exclusion of the property from the ALR. It did, however, approve the continued use of 21 full hookup campsites and 20 non-hookup campsites, the main office building, gardening shed, pump house and washroom facility as a non-farm use subject to conditions.

The 30-page ALC summary and decision authored by Linda Michaluk, chair of the Island panel, lists conditions that include: within 90 days, the property owners must register a covenant for the purpose of limiting the campground use to short-term accommodation of less than 28 consecutive days; approval for non-farm use for the sole benefit of the current property owners thatB次元官网网址檚 non-transferable; submission of proof of removal of any structures such as sheds, patios and fencing associated with the long-term stay full hookup campsites be furnished by Oct. 31, 2024; and requiring reclamation of the campsite area within nine months in the case of the property owners ceasing operation of the campground or prior to transfer of title of the property.

B次元官网网址淪hould the above conditions of approval not be completed to the satisfaction of the ALC within the time frame specified, the approval will expire and a new application may be required,B次元官网网址 the decision reads.

B次元官网网址淚tB次元官网网址檚 put me in a terrible position,B次元官网网址 said Jeri. B次元官网网址淚 can keep the campground as long as I sign a covenant. IB次元官网网址檓 trying to digest it to see what direction IB次元官网网址檓 going to go next.B次元官网网址

The agricultural capability of the land has long been debated by experts, but shown to have limited potential throughout the property after extensive testing and analysis. ThereB次元官网网址檚 also the issue of drawing water from the already depleted Chemainus River for any proposed agricultural use.

On the water issue, B次元官网网址渢he commission finds that exclusion of land from the ALR based solely on the presence of some limitations to agricultural capability and current lack of water is short-sighted and inconsistent with the commissionB次元官网网址檚 mandate to preserve the land base of the agricultural land reserve,B次元官网网址 the report emphasizes. B次元官网网址淔urther, given that the property is surrounded by land in the ALR, exclusion of the property would result in an intrusion of non-ALR land in a contiguous area of ALR.

B次元官网网址漈he panel finds this intrusion of non-ALR land would negatively impact the integrity and continuity of the ALR and has the potential to increase conflicts. By retaining the property within the ALR, the commission has the opportunity to regulate use of the property to ensure any potential non-farm uses are compatible with the future agricultural use of the property and the current and future agricultural use of surrounding properties.B次元官网网址

The recent death of her husband has clearly complicated the situation for Jeri. SheB次元官网网址檚 concerned about affecting people who rely on the campground for a temporary place to live with nowhere to go during a housing crisis.

B次元官网网址淚tB次元官网网址檚 not a position I want to be in,B次元官网网址 Jeri said. B次元官网网址淚 care about them. I donB次元官网网址檛 want to be putting them in a position where they feel trapped. ItB次元官网网址檚 got to work for all of us, not just for me but for them.B次元官网网址

B次元官网网址淭he application submits that the campground is addressing a temporary and permanent housing need in the community,B次元官网网址 reads the analysis and findings section of the ALC decision. B次元官网网址淭he panel understands that the municipality views the proposal as a benefit to the community as it provides low-cost housing. However, the broader housing issue in B.C. cannot be resolved through ad hoc applications to the ALC. The commission must weigh proposals against its purposes, as set out in Section 6 of the Act. These purposes are agricultural.B次元官网网址

B次元官网网址淪ome of the occupants have added a small shed or minimal fencing to keep dogs in their site or a small wood platform so they can enter their RV without tracking mud and dirt in,B次元官网网址 added Steve Schult, JeriB次元官网网址檚 brother-in-law. B次元官网网址淎ll of this is required to be removed by Oct. 31, 2024 even though there is no decision to shut down the campground or sell the property. The justification is that this negatively impacts the agricultural viability of the land. It is an ALC requirement to return the campsite to its state when they started using of the site. Removal of these small conveniences have never been a problem since we opened and we cannot see it as a problem in the future as everyone has taken their property with them.

B次元官网网址淥n one section of the ALCB次元官网网址檚 response they cite their policy to provide a year to submit an appeal, then they turn around and provide only three months for Jeri to submit a covenant to agree to all of their requests or the municipality will have to submit a new application,B次元官网网址 summarizes Schult. B次元官网网址淥nce the covenant is submitted, the ALC could have legal standing to deny any requests without review. We would like for this stipulation to be removed.B次元官网网址

Jeri said at this point, B次元官网网址渆verythingB次元官网网址檚 still up in the air. We would have sold it before if we could have. We had buyers but because of the situation we were in we couldnB次元官网网址檛 sell.B次元官网网址

The matter will go before North Cowichan council at a future meeting to see if councillors would be agreeable to making an appeal on WyattB次元官网网址檚 behalf.



Don Bodger

About the Author: Don Bodger

I've been a part of the newspaper industry since 1980 when I began on a part-time basis covering sports for the Ladysmith-Chemainus Chronicle.
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