Title
Policy C-456 - Encroachment Policy
Proposed Motion
That Encroachment Policy C-456 be approved, as presented.
Body
Administration Recommendation
Administration supports the proposed motion.
Purpose
Administration is bringing forward Policy C-456 - Encroachment Policy for Council approval in accordance with the County's Policy Review Schedule.
Summary
On July 7th, 2026, Administration presented the proposed Policy C-456 - Encroachment Policy to the Governance and Priorities Committee.
Administration has developed Policy C-456 to establish clear standards for managing private encroachments on County titled land and right-of-ways.
The proposed policy provides a structured approach to encroachment management that aligns with current provincial legislation and municipal governance practices, while also reducing risk and liability to the County.
Policy C-456 was developed following extensive research and through consultation with our internal stakeholders, fellow municipalities as well as legal professionals. Upon approval, Policy C-456 will replace Policy C-PD02.
Key Enhancements - Policy C-456
Policy C-456 introduces an encroachment classification system which enables consistent, transparent, and risk-based decision making. In addition, the policy expands the available tools used to manage encroachments, which now include:
- Encroachment Agreements
- Letters of Consent
- Licenses of Occupation
- Lot Line Adjustments
- Notices of Removal
This represents a significant enhancement from the current policy, which relies solely on encroachment agreements and does not address limitations associated with registering private interests on County titled land. These limitations are particularly relevant where lands are designated as Environmental Reserve, where private interests cannot be registered against the County's land title.
The proposed introduction of Letters of Consent provides additional flexibility for managing minor or temporary encroachments. These letters may authorize an encroachment for a period of up to five years and are particularly suitable where:
- The encroachment is low impact
- The encroachment is temporary in nature
- A long-term solution is being developed
Policy/Legal
The proposed policy is consistent with the Municipal Government Act, Use of County Land Bylaw 2023-015, Land Titles Act and supports Goal D1 of Councils current Strategic Plan; ensuring County Council is supported by a robust and current framework of bylaws, policies, and plans.
Financial Impact:
Cost: N/A
Source of Funding: N/A