Planning & Development Legislation

Land Use Planning Framework

The Municipal District of Peace No. 135 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, that delegate certain powers and authority to municipalities. Municipal District of Peace No. 135’s land use planning framework can be illustrated as follows:

Diagram showing the land use planning framework steps.

Together with the Province’s MGA, ALSA, Land Use Policies and Subdivision and Development Regulation, and the M.D.’s statutory plans, Land Use Bylaw, Policies, and other documents, the land use planning framework serves as a guide for planning, development and subdivision within the Municipal District of Peace No. 135. Following is a description of and link to these documents. Some of the M.D.’s documents represent Office Consolidations that incorporate the original documents and subsequent amendments approved by Council by bylaw. In case of uncertainty, the reader is advised to consult the original documents, available at the Municipal District of Peace No. 135 office.

Municipal Government Act

The Municipal Government Act is the key provincial legislation from which the Municipal District of Peace No. 135 derives its authority to undertake planning and development. The MGA establishes the powers and responsibilities of Council and administration in creating policies, plans and bylaws to regulate land use and development within their municipality, to ensure orderly physical, environmental and economical beneficial development. Specifically, the MGA allows a municipality to create four (4) types of statutory plans—namely, Municipal Development Plan (MDP), Intermunicipal Development Plan (IDP), Area Structure Plan (ASP) and Area Redevelopment Plan (ARP)—and the Land Use Bylaw. These provide a framework for coordinated land use planning and decision-making. The MGA also provides municipalities with enforcement mechanisms to ensure conformity between development and approved plans and bylaws. Click the link below to view the MGA.

Municipal Government Act

Alberta Land Stewardship Act

The Alberta Land Stewardship Act (ALSA) is a 2009 provincial legislation that establishes a regional approach to land use planning through the implementation of the Alberta Land-use Framework (LUF). It aims to achieve Alberta’s long-term economic, social and environmental goals through the efficient management of public and private lands and natural resources. The ALSA divides up the province into seven “land-use regions”, based on the LUF, which correspond to Alberta’s major watersheds, and contemplates a regional plan for each region. Municipal District of Peace No. 135 is located within the Upper Peace Region. Once adopted, the Upper Peace Regional Plan will provide high-level policy direction for land use planning and decision-making within the MD Click the link below to view the ALSA.

Alberta Land Stewardship Act

Provincial Land Use Policies

The province’s Land Use Policies were created in 1996 under the MGA to guide municipalities in harmonizing provincial and municipal policy initiatives at the local land use planning level. The policies establish high-level principles, such as a collaborative approach to addressing planning issues, for better land use planning. The Provincial Land Use Policies will be replaced by regional plans once in effect. Click the link below to view the Provincial Land Use Policies.

Provincial Land Use Policies

Area Structure Plan Guidelines

The Area Structure Plan Guidelines were developed in 2015 to provide guidelines for the preparation of Area Structure Plans (ASP) required in advance of a subdivision application. The Guidelines identify high priority lands or locations where an ASP may be required as well as which types of subdivision require an ASP. It also outlines the content of an ASP, including background studies, site description and analysis, proposed land uses, sequence of development, the provision of municipal and environmental reserve lands, servicing requirements, the provision of amenities, the protection of environmental and any historical features, and conformity to the MGA, MDP, other statutory plans, the Land Use Bylaw and any applicable non-statutory documents. The Area Structure Plan Guidelines were developed based on relevant provincial and municipal legislation. Land owners and developers planning to undertake subdivision are advised to consult the guidelines to determine if an ASP is required, and if so, what is needed in developing one. Click the link below to view the M.D. of Peace’s Area Structure Plan Guidelines.

Area Structure Plan Guidelines

Relationship Between Planning Documents

The hierarchy of documents within the M.D. of Peace No. 135’s land use planning framework is established by the MGA. The MGA requires that each level is consistent with the level above and below it, and that the policies or regulations within planning document(s) at each level may be implemented by those below them in the decision-making process. The MGA provides the legislative authority for municipal land use planning and decision-making, while the ALSA regional plan (or Land Use Policies in their absence) provides broad-based policy directions and principles for municipal land use planning, which are effected through statutory plans and bylaws. The statutory plans provide future direction for the development and use of lands at the fringe areas of the M.D.’s boundaries (IDPs), or within the whole municipality (MDP), or small areas of the M.D. in greater detail (ASPs). The LUB regulates the use and development of land based on the policy directions of statutory plans, while the Subdivision and Development Regulation regulates subdivision planning in conjunction with the MGA, applicable statutory plans, and the Land Use Bylaw. The polices, studies, guidelines and other documents contain additional information or specific requirements outside statutory plans and the LUB documents to establish application requirements and inform the review and decision-making process for development permit and subdivision applications, either in general or for certain types of development and subdivision, or for development and subdivision at certain locations. Where there is a conflict or inconsistency between a higher-level planning document and a lower-level planning document, the higher-level planning document prevails to the extent of the conflict or inconsistency.