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The original item was published from 7/15/2022 2:50:33 PM to 8/11/2022 12:00:00 AM.

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Posted on: July 15, 2022

[ARCHIVED] Public Hearing Notice: Bylaw 1683-22

Bylaw 1683-22 proposes to add a policy to Section 13 of the MDP which deals with Reserve Land Dedication

when lands are proposed for subdivision. The additional policy will provide the Subdivision Authority the

ability to choose to not require dedication in circumstances where private ownership and stewardship is

deemed to be an acceptable option.

Environmental Reserve dedication is allowed under Section 664 of the Municipal Government Act (MGA). It

involves the transfer of ownership of land from a private landowner to the municipality when the lands consist

of natural features that should be preserved or are unsuitable for development. It can also include a strip of

land to facilitate public access to a natural feature or provide a buffer to prevent pollution of a waterbody.

First parcel out subdivisions are exempt from the requirement to dedicate Environmental Reserve under the

MGA. The ability of the municipality to take Environmental Reserve when a second or more parcels are

subdivided out of a quarter section is optional in the MGA. The MDP policies contain the expectations laid out

by the County which must be followed by the Subdivision Authority. There are three policies in the MDP that

provide direction on Environmental Reserve dedication; one is in the Natural Environment section and two are

in the Reserve Land Dedication section. These policies read as follows:

8.5 To encourage the protection of riparian zones, the minimum width of an environmental reserve

adjacent to a waterbody or, in the absence of an environmental reserve, the minimum width of a

development setback from a waterbody shall be 30 metre (100 feet) measured from the bed and

shore of the water body or from an associated water management right-of-way to the nearest

boundary of private property, subject to the discretion of the County. Retention or new planting of

natural vegetation is encouraged within the building setback as a means of enhancing water quality

through sediment and contaminant removal and biodegradation.

13.16 At the time of subdivision the dedication of an environmental reserve parcel or environmental

reserve easement is required for those lands and natural features described in the Municipal

Government Act, to the satisfaction of the County. The width of the environmental reserve parcel or

environmental reserve easement shall be determined based on the guidelines contained in the 

‘Standard Recommendations to Municipal Subdivision Referrals’ issued by Alberta Sustainable

Resource Development (September 2007) attached as Schedule ‘A’. A variation in the recommended

width of an environmental reserve parcel or environmental reserve easement may be accepted

based on the recommendations of a qualified professional or for minor water features such as an

unnamed creek or a Class 1 or Class 2 wetland based on the Stewart and Kantrud Wetland

Classification System. Retention or new planting of natural vegetation is encouraged within the

environmental reserve parcel or environmental reserve easement as a means of enhancing surface

water runoff quality through sediment and contaminant removal and biodegradation.

13.17 Setback distances from areas containing hazard lands or undevelopable lands that meet the

requirements of the Municipal Government Act must be dedicated as environmental reserve at the

time of subdivision.

Together, these three policies mean the Subdivision Authority must require dedication of Environmental

Reserve, either as land or easement, of up to 30m width around any wetland when lands around or abutting

the wetland are subdivided. Reduction of the 30m width requires a study prepared by a biologist or wetlands

specialist. The option of leaving the land in private ownership without being subject to an easement with the

property owner responsible for meeting all requirements of the Water Act regarding impacts on wetlands and

waterbodies is not possible under the current MDP policies.

The proposed policy addition reads as follows:

“13.17A Notwithstanding Policy 8.5, Policy 13.16 and Policy 13.17, the County may determine that lands

that meet the definition of Environmental Reserve as described in the Municipal Government Act

are best managed through ongoing private ownership/stewardship and choose to not require the

dedication of an Environmental Reserve parcel or the creation of an Environmental Reserve

Easement.”

The proposed policy is meant to address scenarios, such as smaller wetlands that are encountered during the

subdivision process, where there is no intention to provide public access to the wetland. It would enable the

creation of parcels abutting or surrounding a wetland and leave the wetland itself and lands adjacent to the

wetland in private ownership. In this respect, the responsibility to avoid negative impacts on the wetland

would continue to fall on the property owner. It also avoids the scenario where the County would be required

to maintain Environmental Reserve parcels around several small wetlands located throughout the county.

Finally, it makes it possible to not require an Environmental Reserve easement to provide more options for the

property owner in the siting of buildings near and around the wetland.

The bylaw may be reviewed at the County Administration Building located at 6602 – 44 Avenue, Stettler, Alberta during regular office hours, 8:30 a.m. to 4:30 p.m., Monday through Friday or you may review it here, through this LINK.

The Public Hearing to hear representation concerning Bylaw 1683-22 is scheduled to be held Wednesday August 10, 2022 at 1:00PM or as soon thereafter as possible, in the Council Chambers at the County Administration Building located at 6602 – 44 Avenue, Stettler, Alberta.

Any person wishing to comment on the proposed bylaw may do so in writing to the Planning and Development Officer, County of Stettler No. 6, Box 1270 Stettler, Alberta, T0C 2L0, or by email to rfitzgerald@stettlercounty.ca by August 8, 2022 or make representation at the Public Hearing.

Following the Public Hearing, Council may proceed with second and third reading to approve the bylaw.

Should you require additional information, please contact the Planning and Development Officer at (403) 742-4441.

Dated: July 15, 2022
Rich Fitzgerald
Development Officer

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