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