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Permit for Variance Regulations

made under clause 51(1)(d) of the

Agricultural Marshland Conservation Act

S.N.S. 2000, c. 22

N.S. Reg. 80/2001 (June 25, 2001)

as amended to N.S. Reg. 282/2015 (July 22, 2015)


1     These regulations may be cited as the Permit for Variance Regulations.


2     In these regulations,


                (a)    “Act” means the Agricultural Marshland Conservation Act;

Clause 2(a) amended: N.S. Reg. 282/2015.


                (b)    “permit for variance” means a permit issued by the Marshland Administrator pursuant to Section 41 of the Act for development in a marshland section.


3     (1)    An application for a permit for variance shall be in a form specified by the Marshland Administrator and shall be submitted to the Marshland Administrator together with


                (a)    a letter from the municipal development officer for the municipality in which the proposed development is to occur, indicating whether the proposed development is permitted under the land-use by-laws of the municipality;

Clause 3(1)(a) amended: N.S. Reg. 282/2015.


                (b)    except as provided in subsection 3(2), where there is a marsh body incorporated for the marshland section in which the proposed development is to occur, a letter from the marsh body executive committee indicating whether the proposed development is permitted under the rules of the marsh body; and

Clause 3(1)(b) amended: N.S. Reg. 282/2015.


                (c)    a map showing the location of the proposed development.

Section 3 renumbered 3(1): N.S. Reg. 282/2015.


       (2)    An applicant who is unable to obtain the letter from the marsh body as required by clause (1)(b) must, to the satisfaction of the Marshland Administrator, include all of the following with their application:


                (a)    a detailed summary of the efforts they have made to contact the marsh body; and


                (b)    proof of notice of the proposed development they provided to the known members of the marsh body.

Subsection 3(2) added: N.S. Reg. 282/2015.


4    (1)    Subject to Section 5, where an applicant has properly completed an application and submitted it with accompanying documents pursuant to Section 3, the Marshland Administrator shall issue a permit for variance if the lot where proposed development is to occur


                (a)    existed prior to November 7, 2000, and is less than 0.5 ha in area; and


                (b)    is within 50 m of a lot to which subsection 41(6) of the Act applies.


       (2)    Despite clause (1)(a), a lot that is greater than 0.5 ha in area may be considered for a permit for variance, in the discretion of the Marshland Administrator.


5     The Marshland Administrator shall not issue a permit for variance to an applicant if the development proposed by the applicant


                (a)    substantially interferes with drainage or other works in a way that negatively impacts on the existing agricultural activity or the agricultural potential of the marshland section;


                (b)    consists of removing topsoil from the marshland section; or


                (c)    is contrary to any applicable municipal land-use by-law or rules of a marsh body.


6     Where an applicant is granted a permit for variance, the Administrator shall give notice in writing to the clerk of the municipality in which the proposed development is to occur and, where applicable, to the secretary of the relevant marsh body’s executive committee, of the final decision to grant the permit for variance.