Land Management

Kwanlin Dün Council passed its new, modern Lands Act, Nan kay sháwthän Däk’anúta ch’e (We all look after our land), on March 3, 2020. The Act gives Kwanlin Dün authority to manage, protect and enforce laws on settlement land and allows the government to make land available for Beneficiary and Citizen residential and traditional needs on settlement lands.

 

The Heritage, Lands and Resource Department’s priority is to work with Beneficiaries and Citizens who are currently living on, or have a historical submission for land. Anyone currently living on settlement land or holding a historical submission should contact the department, by calling 867-633-7800 ext. 128 or emailing lands@kdfn.net.

Kwanlin Dün’s new, modern Lands Act, Nan kay sháwthän Däk’anúta ch’e (We all look after our land) was passed by council on March 3, 2020 and came into force on October 15, 2020.

The Act was shaped by Kwanlin Dün’s Land Vision, which guides how the government manages and uses Traditional Land. The vision was created with Kwanlin Dün Beneficiaries and Citizens and sets out four main goals: Community Development, Wildlife, Heritage and Revenue Generation.

First Two Years of the Act

KDFN Lands Regulations Enacted

Kwanlin Dün Lands and Resources

Kwanlin Dün Settlement Land

Lands Act

Lands Act 101

Lands Act Regulations Overview

Lands Act Overview

Land Vision

Protecting Settlement Land

Policies and rules under the Lands Act, Nan kay sháwthän Däk’anúta ch’e (We all look after our land), guide how the Heritage, Lands and Resources department manage, protect and issue interests in settlement land.

All policies developed under the Act are reviewed and approved by Kwanlin Dün Council before coming into effect.

 

Rules

Development Authorization Rule

Land Use Application Rules

Reconsideration Rules (appeals on land applications)

Spot Land Application Rules

 

Policies

Land Availability Policy

Macaulay Road and Identified Lots First Nation Market Based Housing Policy 2022

Managing Existing Occupants and Historical Submissions for Land Policy

Plan Approval Policy

Residential Commitment to Construct Policy

Term of Interest in Land Policy

The Heritage, Lands and Resource department will issue two main types of land interests, an allocation and a lease.

 

There will be two ways to apply for settlement land, a planned parcel disposition or a spot land application.

 

A planned parcel disposition is a lot in a planned development or a subdivision. The lots can be issued for residential, recreational, commercial, industrial use and will be offered through a lottery or tender process.

 

A spot land application is an application for a specific parcel of settlement land. The parcel is not part of a planned development and is offered through an individual application. Kwanlin Dün has over 350 spot land applications, called historical submissions from Beneficiaries and Citizens.

 

Processing historical submissions is the current priority of the Heritage, Lands and Resource department. All other applications will be on hold until the majority of the historical submissions are processed.

 

Historical Submissions

 

Historical submissions are existing land submissions by Kwanlin Dün Beneficiaries and Citizens for residential or traditional use of settlement land. They may also be known as

  • land set aside;
  • band council resolutions; or
  • site specific selections.

 

In September, Kwanlin Dün Council passed a historical submissions policy, which directs the department to:

  • prioritize historical submissions over all land applications;
  • process historical submissions in chronological order based on when the submission was first made;
  • give special consideration to historical submissions from Elders and those with urgent needs;
  • prioritize residential historical submissions over traditional use; and
  • process multiple historical submissions at once if they are in the same area.

 

The Heritage, Lands and Resource Department’s priority is to work with Beneficiaries and Citizens who are currently living on, or have a historical submission for land.  Historical submissions will be processed in chronological order based on when the submission was first made.

 

Anyone currently living on settlement land or holding a historical submission should contact the department, by calling 867-633-7800 ext. 128 or emailing lands@kdfn.net.

 

Historical Submissions

Current Settlement Land Occupants

Settlement Land Availability

 

Historical Submissions Policy

Historical submissions are available as allocations or leases for residential or traditional use interests in land.

 

Residential

 

Residential land will be land used for homes, condos or apartments on subdivision, downtown or country residential lots.

 

A residential interest in land is available as an allocation or lease, and will have terms that require development.

 

Residential land within the City of Whitehorse will be subject to the Whitehorse Zoning Bylaw. Residential land outside the City will be subject to the terms in the KDFN Development Authorization Rule.

 

Traditional Use

 

KDFN Citizens and Beneficiaries can obtain an allocation of settlement land to use for traditional activities, such as cabins, hunting, and fishing.

HLR is responsible for monitoring what happens on settlement land in order to protect the environment, and the rights of Citizens and Beneficiaries to use the land.

 

When a person is granted a traditional allocation, they will sign an agreement with KDFN that outlines their responsibilities. They may use their allocation as outlined in their development authorization.

 

Guidelines for Traditional Allocations already in law

The KDFN Lands Act contains some guidelines for what can happen on traditional allocations:

  • One traditional allocation per person, even if it’s shared with another person.
  • You must go through an application process that includes public review.
  • Minimum size is 0.4 hectares (about the size of the Potlatch House and parking lot).
  • Land is not taxed until something is built that is categorized as taxable under YG legislation. If built, YG or the City will charge property taxes.
  • Traditional allocations cannot be converted to a lease or sold to a non-KDFN person, but can be inherited by a KDFN Citizen or Beneficiary.

 

Proposed Guidelines

HLR is proposing additional guidelines for how traditional allocations can be used:

 

Permitted uses

  • Cabin
  • Outhouse
  • Cache
  • Tent frame
  • Fish rack
  • Equipment storage shed
  • Solar panel, satellite dish, antennae, etc

 

Prohibited uses

  • Anything hazardous or dangerous to the land and wildlife
  • Anything resulting in nuisance, such as excessive traffic, noise, emissions, odour, smoke, etc
  • Unregistered vehicles, except within enclosed buildings
  • Signage over 2 square metres

 

Other guidelines

  • Building set back from parcel boundaries: 5 metres
  • Maximum height of structures: 7 metres
  • Uses and buildings that exist before the allocation is granted can remain.

 

HLR asked KDFN Citizens and Beneficiaries how Traditional Allocations should be managed. A questionnaire was available in August and September 2024.

Read the Traditional Allocations Questionnaire Results.

Respondents had many questions about Traditional Allocations. Read the Traditional Allocations FAQs for answers.

To read the draft policy and rule, click on the links below. These documents have not been approved by KDFN Council.

Traditional Allocations Policy

Traditional Allocations Rules

 

 

Allocation

 

Allocations are a type of land interest available to Kwanlin Dün Beneficiaries and Citizens, 19 years of age or older, and are restricted to residential and traditional uses.

 

Allocation holders:

  • have exclusive rights to their parcel of land;
  • may transfer their allocation to other Kwanlin Dün Beneficiaries and Citizens with approval from Kwanlin Dün; and
  • may change a residential allocation to a residential lease or a residential lease to an allocation with approval from Kwanlin Dün.

 

Each individual Beneficiary or Citizen may hold two allocations: one residential and one traditional use.

 

Lease

 

Leases are a type of land interest available to Kwanlin Dün Beneficiaries and Citizens, as well as the general public.

 

Settlement Land Allocation

Settlement Land Availability

 

For more information, please contact the Heritage, Lands and Resources department, at 867-633-7800 ext. 128 or lands@kdfn.net.

Before submitting a land application, please contact the Heritage, Lands and Resources department to discuss your land needs and interests.

 

The Heritage, Lands and Resources department’s current priority is to work with Beneficiaries and Citizens who are living on, or have a historical submission for land.

 

Application Process

 

The Heritage, Lands and Resources department will work with applicants to ensure they have all information needed before submitting an application.

 

The application review process has three stages:

 

  1. Initial internal review: a review by the department for completeness, policy conformance, eligibility requirements, and determination of requirement for a Yukon Environmental & Socio-economic Assessment Act (YESAA) assessment of the project.
  2. Comprehensive review: a technical review by the department, assessment by YESAB (if triggered), research and information gathering, including public comment periods (of YESAA and Heritage, Lands and Resources)
  3. Decision Making:
  • If application is subject to YESAA review, Director issues a Decision Document; and
  • Director issues a decision on the application.

 

For more detailed information on the land application review process, please read the Land Application Review Process (Document) guide.

 

Land Application Process Flowchart 

Applications

           

Please download the application form and bring it into the Heritage, Lands and Resources department. Click here to download the application form. 

 

Historical Submission Application (Document)

 

For more information, please contact the Heritage, Lands and Resources department, at 867-633-7800 ext. 128 or lands@kdfn.net.

KDFN manages lands in rural communities with local area planning. These plans guide how our communities can grow and develop while protecting the land and water.

This year, we are developing community plans for Marsh Lake and Fish Lake. They will answer questions like:

  • What lands should be protected for heritage and wildlife?
  • What areas would be good for KDFN residential and traditional uses?
  • What about general assembly sites, culture camps and campgrounds?
  • How can we help manage other activities in our Traditional Territory, like residential, agricultural, recreational and resource development?

Łu Zil Män Fish Lake Plan

  • In Southern Tutchone, Fish Lake is called Łu Zil Män (sounds like Sloo Zill Mun) after the round whitefish that spawn there in the fall.
  • Kwanlin Dün families have gathered at Fish Lake for thousands of years. Fishing and hunting camps at the north end of the lake are 5000 to 8000 years old. Ancient campsites around Bonneville are even older.
  • We are looking for KDFN Citizens to join a committee to help develop the Fish Lake plan. Names will be collected until mid-February and then brought to Council for a final decision.
  • The plan will take two years to finish (spring 2021-2023).

click here for the Government of Yukon’s page on the topic.

click here for the Fish Lake LAP backgrounder

Look for community planning updates on the KDFN website and Facebook page.

Contact us to find out how to get involved

roy.neilson@kdfn.net

(867) 633-7800, ext 119