FAQs

Zoning bylaws regulate how land, buildings and structures can be used and developed on a property. They help to ensure that land uses are compatible and there are consistent standards for property owners to follow. Zoning provides economic certainty for lenders, insurers, and appraisers. They also regulate subdivision.

There are four main reasons why the RDKS is reviewing its existing zoning bylaws:

• New Provincial laws require that all local governments update their zoning bylaws to allow for additional units of housing on all lands where a residential use is a primary use.
• The current RDKS bylaws date from the 1970s with minimal amendments. Terminology, provincial compatibility, and best practices have evolved, especially with the Agricultural Land Reserve (ALR).
• Residents desires for their properties have also changed. Those wishing to develop property are often hindered by the existing bylaws, leading to frustration and financial impacts. 
• The maps also date from the 1970s and the new Kitsumkalum and Kitselas Treaties compel bylaw amendments to reflect the new boundaries.

Area C has three zoning bylaws that are subject to review:

• Greater Terrace Bylaw No. 37 (1976) 
• Lakelse Lake Zoning Bylaw No. 57 (1979) 
• Skeena Valley Zoning Bylaw No. 73 (1976)

When the original bylaw was developed each area had very individual communities. While each community remains unique, we have found that many residents around Area C have similar needs.  Standardization across Area C allows equity for property owners and reduces red tape. It also helps the RDKS respond more efficiently to public inquiries.

Land use is regulated under Part 14 of the Local Government Act and specifies zoning as the regulatory tool. The legislated scheme is not a system of negotiation with individual property owners, but one where a broad set of rules are applied across a local government in whole or in part (such as an Electoral Area). Maps are created with all subject properties zoned and the bylaw text regulated. Limited prohibitions are then carved out, such as floodplain. If a zone does not list a use, that use is not permitted.

The Province is funding this project to update the bylaws for increased housing options but also to end all contradictions between RKDS bylaws and Provincial regulations.

The Province originally set a 2024 deadline for local governments to update their bylaws to the new housing requirements but offered extensions. The RDKS applied for an extension and have until the end of 2027 to submit new bylaws to the Minister. Electoral Area E (Thornhill) is subject to the same provisions. Other Electoral Areas do not meet population thresholds so are not under the same review.

A revised draft for public comment will be posted in late 2026 with further public engagement and other consultations scheduled.

The RDKS Board will vote on the new bylaws. The Greater Terrace OCP vote will be all Electoral Area Directors, the District of Kitimat, and the City of Terrace (because it is subregional), and the Greater Terrace Zoning Bylaw will be all Electoral Area Directors; Unweighted. This is the only method by which a local government can decide land use bylaws under the Local Government Act, and a direct referendum is not permitted.

The RDKS receives more queries about housing options than any other land use inquiry, which reflects the “housing crisis” mentioned in the media and by all levels of government. This is not just an issue pushed by the Provincial government, many people in Area C request more housing by right.

Of the approximately 2050 private parcels in Area C, about 200 from North Terrace up to Rosswood have no zoning. They do, however, fall under RDKS jurisdiction and are subject to Provincial controls where applicable (e.g. BC Housing, Northern Health). 

The main reason to review unzoned lands is they are premised on homestead occupancy, but there are North American trends where unzoned or lightly regulated lands are used for heavy industrial purposes as sites to dump materials from large projects or to set up field camps or laydown sites. The RDKS fields inquiries from speculators and property brokers looking for such lands and we have evidence of these practices already occurring in the RDKS. Without zoning there is no means by which governments can protect original homesteaders and their communities from disruptive land use.

A right of entry is included in land use bylaws so that the local government may inspect and determine whether regulation and prohibitions are being met.  Right of entry authority is established by the Province and cannot be modified by a local government.

Offences are violations of  the bylaw, this can include undertaking a use that is not permitted, construction, alterations or additions not permitted. Penalties for an offence can not exceed $10,000 however each day the offence continues is a separate offence with it’s own penalty. Penalties specified in the proposed zoning bylaw are authorized by the Community Charter and the Offence Act. The authority is established by the Province and cannot be modified by a local government.

The capacity to assign the costs of remedy to property taxes is in the Community Charter. Similarly, unpaid tickets can be assigned as a debt and registered against real property and sent to collection. The taxpayer is entitled to compensation from private actors who offend and burden the public.

Derelict vehicles have been regulated across Electoral Areas C and E under the Unsightly Premises Bylaw since 1996, and the same in the 1988 version of the bylaw. The new zoning bylaw has the exact same provision that has been in place since the 1980s. The RDKS has a large file of complaints about unsightly and hazardous properties, and a common theme is a number of derelict vehicles and the parcel being turned into a junkyard with long-term, negative effects on the neighbourhood.

In order to enforce any law, the regulations must apply generally and equitably to all persons or properties in similar circumstances. The rules must be written beforehand and in language known to be accepted by the courts. The assumption for any bylaw and subsequent enforcement is the matter may end up in front of a judge. All RDKS bylaws are subject to a legal review to ensure compliance with legislation and common law precedence.

In discussions with the Ministry of Agriculture and the Agricultural Land Commission about revising the bylaws, it was noted by their advisors that the existing RDKS bylaws contradict current Provincial regulations and guidelines. They also noted that for many farm activities, the existing bylaws are far more restrictive than is best practice, compared to other Regional Districts in 2026.

The RDKS routinely runs into questions about where and to what intensity can a property owner use their residential or rural lands for commercial activities. This bylaw review notes that the existing bylaws are very restrictive as to where people can conduct their home-based business, even on rural lands of a large size. The rule is that all business activity must solely take place inside the residence, and not outside at all, even in an accessory building.

The new bylaw allows far more home-based activities and even extends the allowance to home-based small industrial occupations such as a woodlot and small sawmill.

The existing zoning bylaws from the 1970s do not reflect changes in building science which would allow for taller, safer structures, and generally larger buildings, especially for accessory purposes. 

The old bylaws are also very restrictive compared to Provincial laws and other Regional Districts when it comes to subdivision and frontage requirements. The draft bylaw will adopt best practices proved from other Regional Districts and remove the inconsistencies with Provincial regulations.