Title
New Provincial Regulations for subdivision and development permit approvals near abandoned wells.
Proposed Motion(s)
a) That Council receive this Request for Decision and attachments as information.
Body
Administration Recommendation(s)
Administration is informing Council of new provincial regulations established by the Government of Alberta that will impact new subdivisions and development permit applications for developments near abandoned wells that were effective on November 1, 2012. Administration is recommending that this Request for Decision and additional attachments be accepted as information.
Purpose
To inform Council of new provincial regulations pertaining to subdivision and development near abandoned wells.
Summary
Administration has prepared this request for decision to outline changes to the Subdivision and Development Regulation that were effective on November 1, 2012 (Alberta Regulation 160/2012) . New provincial regulatory changes require Alberta municipalities to obtain from an applicant seeking a new subdivision or development permit, information showing the presence or absence of abandoned wells for the property being subdivided or developed. The new regulations will affect:
1. new subdivision applications applied for (except for a lot line adjustments which are exempt); and,
2. new development permit applications for buildings larger than 47 sq. m (500 sq. ft), and for additions to buildings that will, as a result of the addition, become larger than 47 sq. m. (506 sq ft)
Detailed information on the new regulations is found in Attachment 1 - Energy Resource Conservation Board (ERCB) Directive 079, and Attachment 2 - Alberta Municipal Affairs Information Bulletin Number 05-12.
New subdivision and development regulations will require applicants to submit documentation, accessed through the Energy Conservation Resource Board (ERCB) Abandoned Well Viewer mapping tool that shows the location of any abandoned wells on the land being subdivided or developed. In addition, in the case where an abandoned well is located on land being subdivided / developed, new setback requirements for development near an abandoned well must be complied with by all applicants. Municipalities, including Parkland County, will now be responsible to ensure that any required documentation showing the existence of an abandoned well has been submitted by the applicant as part of the subdivision / development permit process, and, that all required setback distances have been met by applicants as part of their development.
An example of the ERCB Abandoned Well Viewer mapping data is found in Attachment 3. Parkland County anticipates that approximately 5 % of new subdivision or development permit applications will be impacted by the new provincial regulations.
Administration has amended the County's subdivision application process by now requiring applicants to identify the presence or absence of an abandoned well(s) on their site as part of the application process. In addition, if an applicant does identify the existance of an exsiting well, Administration requires the applicant submit a tentative subdivision plan from an Alberta Land Surveyor showing the exact location of the well, and that all required setbacks have been met as part of the subdivision process (see Attachment 4 - Amendment to Subdivision Application Form - Abandoned Wells). Administration anticipates a minor change to the Land Use Bylaw in the near future to require development permit applicants to submit documentation identifying the presence (or non-presence) of abandoned wells, and to require compliance with provincial development setback requirements prior to development approval.
Strategic Plan/Policy/Legal/Staff Implications
Planning & Development Services Department is aware of the mandatory changes to the provincial regulations related to abandoned wells. The Department anticipates potential confusion on the part of applicants, additional costs for surveying and frustration at (potential) delays in approviing new subdivision and development permit applications.
Financial Impact:
NA
Cost:
NA
Source of Funding:
NA
Attachments:
1. Energy Resource Conservation Board (ERCB) Directive 079
2. Alberta Municipal Affairs Information Bulletin Number 05-12
3. Example of ERCB Abandoned Well Viewer information - Parkland County
4. Amendment to subdivision application form - abandoned wells