Reclaiming Local Control: What the Galiano Zoning Case Means for Rural Municipalities and Landowners
Published by KICLEI Canada | April 2025
Overview
The recent BC Court of Appeal ruling in Galiano Forest Lot Owners Association v. Galiano Island Local Trust Committee was, on the surface, a loss for local landowners who wanted to build homes on their forest-zoned properties. But beneath that outcome lies a powerful opportunity: the decision is a clear legal win for local control, community-specific planning, and the right of municipalities to defend their land-use values without being overridden by provincial or global directives.
As more municipalities face pressure to adopt one-size-fits-all climate or housing targets, this ruling confirms that councils still hold the authority to set their own course. The challenge now is to use that authority wisely and democratically—to both protect community values and ensure landowners and residents aren’t left behind by outdated restrictions.
This article explores the benefits and risks of the decision, followed by practical tools for local councils and citizens to begin reviewing historic zoning and rebalancing development priorities.
The Good: Local Authority Upheld
The ruling confirms that municipalities and local governing bodies have real power to set and enforce their own zoning bylaws, provided they do not directly conflict with provincial law. This is a significant win for:
Community self-determination
Preservation of local character
Democratic decision-making at the municipal level
In an era where provincial and federal governments increasingly tie funding and legislation to global climate frameworks, this ruling gives communities the legal confidence to say "no" to top-down directives if they conflict with local values.
The Bad: Landowner Rights and Housing Needs Ignored
While the ruling upholds local control, it also means that private landowners may be prevented from building homes on forest-zoned properties they own—even if provincial law permits such development.
This outcome raises key concerns:
Restrictive bylaws can reduce housing supply in regions already struggling with affordability.
Landowners may lose expected use of property purchased in good faith.
Canada has vast wilderness (89% undeveloped), yet housing is limited by decades-old bylaws.
In this light, local control must come with active, regular review to ensure that zoning serves present-day needs, not outdated priorities or environmental ideologies disconnected from community realities.
Sample Council Motion: Zoning Bylaw Review
Title: Motion to Initiate Review of Historic Zoning Bylaws
Whereas the BC Court of Appeal has affirmed the authority of municipalities to uphold zoning bylaws;
And whereas longstanding bylaws may no longer reflect current community needs, housing shortages, or economic realities;
Be it resolved that [Municipality Name] initiate a comprehensive review of all zoning bylaws adopted before [Year];
And that this review include public consultation, a rural housing needs assessment, and an evaluation of any restrictions that may limit property development without sufficient public benefit.
Policy Brief: Balancing Rural Housing with Environmental Stewardship
Protecting Autonomy While Increasing Flexibility
Local governments should retain the power to restrict land use, but must also make those decisions transparently and review them regularly.
Revisiting the Purpose of Forest Zoning
Bylaws that restrict homes on forested land should clearly define their rationale. If timber harvesting is permitted but a single dwelling is not, the inconsistency must be addressed.
Housing Access as a Public Interest
Councils must weigh the public interest of maintaining rural and workforce housing against purely conservation-based restrictions.
Voluntary Stewardship Options
Landowners should be offered incentives for conservation rather than being subjected to blanket prohibitions that reduce land utility.
Talking Points for Councillors and Residents
"We support local control—but local policies must serve local people, not just old ideologies."
"This bylaw may have made sense in 1992. Does it still make sense in 2025?"
"We need housing. We need forests. We can have both if we plan wisely."
"A review doesn’t mean removing protections—it means making sure they’re still needed and fairly applied."
"We shouldn’t be preserving trees at the expense of families."
Need help launching a zoning bylaw review or community petition? Contact us at info@kiclei.ca or visit www.kiclei.ca for templates, case studies, and support.
