Title
Policy C-456 - Encroachment Policy
Proposed Motion
That Policy C-456 - Encroachment Policy be received for information, as presented.
Body
Administration Recommendation
Administration supports the proposed motion.
Purpose
Municipal Land Management is bringing forward the Encroachment Policy for Council review in accordance with the County's Policy Review Schedule.
Summary
A recent review of current Council Policies with impacts to county titled land and right-of-ways, determined that Parkland County's current Encroachment Policy C-PD02 no longer aligns with best practices.
As a result, Administration has developed a new policy, C-456 Encroachment Policy.
Municipal Land Management has developed Policy C-456 to establish clear standards for managing private encroachments onto County titled land and right-of-ways.
The proposed policy provides a structured approach to encroachment management that aligns with current provincial legislation and best practices, while also reducing risk and liability to the County.
A key enhancement in Policy C-456 is the introduction of an encroachment classification system, enabling 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 titles 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 addition of Letters of Consent provides 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 C-456 was developed through extensive research and consultation. A cross jurisdictional review was conducted which resulted in the inclusion of the classification system and alternative authorization tools such as Letters of Consent. The policy also reflects input from internal stakeholders and has undergone a comprehensive legal review.
Upon approval, Policy C-456 will replace Policy C-PD02.
Strategic Plan/Policy/Legal/Staff Implications:
The proposed policy is consistent with the Municipal Government Act, Use of County Land Bylaw 2023-15, 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