Land Use Planning Framework

Northern Sunrise County derives its authority to make decisions on land use planning matters from the Government of Alberta through provincial legislation and regulations, including the Municipal Government Act (MGA), the Alberta Land Stewardship Act (ALSA), and the Subdivision and Development Regulation, which delegate specific powers to municipalities. These, along with the Province’s MGA, ALSA, Land Use Policies, and Subdivision and Development Regulation, as well as Northern Sunrise County’s statutory plans, Land Use Bylaw, policies, and other bylaws, form the land use planning framework that guides planning, development, and subdivision within the County.

Below is a description and link to the key documents within the planning framework, explaining how they work together. Some of the County’s documents are office consolidations that include the original documents and subsequent amendments approved by Council through bylaws. For clarity or in case of uncertainty, readers are encouraged to consult the original documents available at the Northern Sunrise County office.

Subdivision and Development Regulation

Enacted in 2002 and amended in 2017, the Subdivision and Development Regulation sets out specific requirements, procedures, and guidelines for the referral and decision-making process on subdivision applications in Alberta, supplementing the requirements of the Municipal Government Act (MGA). The regulation prescribes the following setback distances:

100 metres from gas and oil wells
1.5 kilometres from sour gas wells and facilities (depending on the level of the sour gas facility and the intensity of the proposed use)
300 metres from the working area of a wastewater treatment plant
300 metres from the disposal area of an operating or non-operating landfill, or the working area of an operating storage site
450 metres from the working area of an operating landfill, the working or disposal area of a non-operating hazardous waste management facility, or the working or disposal area of an operating hazardous waste management facility

Applicants for subdivision or development permits (except when the proposed building is less than 47 square metres) are also required to provide information on any abandoned oil and gas wells located on the subject parcel. If an abandoned well is identified during the application process, Alberta Energy Regulator Directive 079 (Surface Development in Proximity to Abandoned Wells) specifies minimum setbacks and may require the applicant to contact the licensee of record.

Relationship Between Planning Documents

The hierarchy of documents within Northern Sunrise County’s land use planning framework is established by the Municipal Government Act (MGA). The MGA mandates that each level of planning document must be consistent with the levels above and below it, ensuring that the policies or regulations in documents at each level can be implemented by those below them in the decision-making process.

Key Components of the Framework:

Municipal Government Act (MGA): Provides the legislative authority for municipal land use planning and decision-making.
Alberta Land Stewardship Act (ALSA) Regional Plan or Land Use Policies: Offers broad-based policy directions and principles for municipal land use planning, which are implemented through statutory plans and bylaws.
Statutory Plans:
- Intermunicipal Development Plans (IDPs): Guide development and land use at the fringe areas of the County’s boundaries.
- Municipal Development Plan (MDP): Provides overarching direction for development and land use across the entire County.
- Area Structure Plans (ASPs): Offer detailed guidance for the development and use of land in smaller areas of the County.
Land Use Bylaw (LUB): Regulates land use and development in line with the policy directions of statutory plans.
Subdivision and Development Regulation: Governs subdivision planning in conjunction with the MGA, relevant statutory plans, and the LUB.
Policies, Other Bylaws, and Documents: These contain additional or specific requirements beyond those in statutory plans and the LUB for reviewing and making decisions on development and subdivision applications. They apply either generally or to specific types of developments, subdivisions, or locations.

In cases of conflict or inconsistency between higher-level and lower-level planning documents, the higher-level document prevails to the extent of the conflict or inconsistency, ensuring a coherent and structured approach to land use planning.