Hierarchy of Plans
Under Section 638 of the Municipal Government Act, all statutory plans adopted by a Municipality must be consistent with each other.
In the event of a conflict or inconsistency:
- An intermunicipal development plan will prevail over a municipal development plan, area structure plan or area redevelopment plan; and
- A municipal development plan will prevail over an area structure plan or area redevelopment plan.
Intermunicipal Development Plan
- Bylaw No. 19-915 – MD of Smoky River & Birch Hills County Intermunicipal Development Plan
- Bylaw No. 19-916 – MD of Smoky River & MD of Greenview Intermunicipal Development Plan
- Bylaw No. 19-917 – MD of Smoky River & Northern Sunrise County Intermunicipal Development Plan
- Bylaw No. 19-918 – MD of Smoky River & Big Lakes County Intermunicipal Development Plan
- Bylaw No. 19-919 – MD of Smoky River & Town of Falher Intermunicipal Development Plan
- Bylaw No. 19-920 – MD of Smoky River & Village of Donnelly Intermunicipal Development Plan
- Bylaw No. 19-921 – MD of Smoky River & Town of McLennan Intermunicipal Development Plan
- Bylaw No. 19-922 – MD of Smoky River & Village of Girouxville Intermunicipal Development Plan
Municipal Development Plan
Bylaw 16-886 Municipal Development Plan was adopted by the Municipal District of Smoky River No. 130 on October 12, 2016. It provides direction for future change, growth and development within the Municipal District of Smoky River No. 130.
Land Use Bylaw
Land Use Bylaw No. 865 – Consolidation June 12, 2019, is a regulatory document that implements land use policy and regulates the use of land and buildings within the Municipal District of Smoky River No. 130. Land Use Bylaw 865 was adopted by Municipal Council on June 11, 2014 and amended on June 12, 2019.
A hard copy of the Land Use Bylaw is available at the M.D. Office for $25.00 or can be printed online.
A Land Use Bylaw can be amended/updated through an amendment process either by Council or a ratepayer. The copy of Bylaw 865 above, includes any amendments to date. If you want original copies of the bylaw or the amending bylaws contact the Development Officer.
Questions concerning any amendment to the Land Use Bylaw 865, or the application or interpretation of the Land Use Bylaw 865 should be directed to the Development Officer.
Guide to Using the Land Use Bylaw
The Land Use Bylaw establishes the regulations on how land can be developed (how land can be used, and buildings can be either constructed or moved in) in the Municipal District of Smoky River No. 130. Regulations vary depending on the districts and uses (permitted/discretionary) of development. Municipal, Provincial, and Federal statutes must also be adhered to.
There are several parts of the Land Use Bylaw that need to be examined in order to understand how it applies to an application. The Land Use maps divide the Municipality into various Land Use Districts. The list of uses in the Land Use Bylaw details what is allowed in each District. Provisions in each Districts give additional information that applies to uses or certain Districts.
The following steps may assist the user:
Locate the subject property on the Land Use District maps. Take note of which Land Use District the subject property is located in. Also note if the subject property is affected by other statutory documents, which may modify some of the uses and regulations of the Land Use Bylaw or impose additional regulations.
Check the table of contents and locate the Land Use District you are in. Each Land Use District is listed starting in Section 7. In each Land Use District, you will find a list of permitted and discretionary uses, subdivision regulations, development regulations and other miscellaneous regulations. This determines how and what can be developed in any given Land Use District. There are definitions in Section 2 that should also be consulted to ensure that words and terms used in the Land Use Bylaw are understood.
Review the table of contents to see if there are any general regulations that apply to the situation or use in question.
Discuss your proposal or concern with the Development Officer. Municipal staff are well trained and eager to assist you with your development, subdivision or general inquiry issues and to explain procedures.
Policies & Bylaw Related to Planning, Subdivision and Development
Below is a listing of some of the Municipal District of Smoky River No. 130 policies which are taken into consideration, where applicable, in land use planning or development decisions. The policies are used in conjunction with the statutory plans adopted by the M.D. of Smoky River, including, but not limited to: Intermunicipal Development Plans, Municipal Development Plan, Area Structure Plans, Land Use Bylaw, and Development Standards.
Bylaw 19-909 Subdivision and Development Appeal Board – Established a subdivision & development appeal board for the Municipal District of Smoky River and provides for the administration of same, adopted by Council on May 8, 2019.
Bylaw 678 Establishment of Development Authority – Establishes the Development Authority for the Municipal District of Smoky River, adopted by Council on November 8, 1995.
Bylaw 875 Chief Administrative Officer – Establishes the position of Chief Administrative Officer and defines the duties, powers & functions, adopted by Council on October 8, 2014.
Bylaw 674 Subdivision Authority – Establishes the Subdivision Authority for the Municipal District of Smoky River, adopted by Council on October 11, 1995.
Bylaw 19-933 Rates, Fees, and Disbursement Bylaw – Establishes a fee structure to provide efficient, effective, and equitable municipal services, adopted by Council on December 11, 2019.
Policy 108 Public Participation – Recognizes that quality public participation is an essential component of good governance and is a shared responsibility of Council, Administration, and the community, adopted by Council on May 9, 2018.
Policy 801 Approaches & Culverts – Guideline for new & existing approaches and sale of culverts, adopted by Council on May 8, 2019.
Policy 816 – Dedication of Right of Way for Subdivisions – Guidelines for the dedication of right of way as part of the subdivision process, adopted by Council on July 13, 2016.
Policy Form 8L – Dedication of Right of Way for Subdivision form – Dedication Right-of-Way Road Widening Agreement form, adopted by Council on July 13, 2016.
Planning & Development Information
Development Permits: an approved development permit is required for any development in the M.D. of Smoky River prior to any construction. Permits may not be required for certain developments; however, the development must still conform to the Land Use Bylaw (ie: setbacks/uses, etc.). Contact the Development Officer to ensure conformity.
The Development Officer may set conditions of approval for a Development Permit Application on land which is considered environmentally sensitive, and/or floodprone.
It is the applicant’s responsibility to obtain all other necessary permits, including but not limited to services such as gas, plumbing, power, water, possibly private sewage that are required for the development. These permits ensure that your construction is done in accordance with Provincial codes and the Safety Codes Act. Superior Safety Codes Inc. is an accredited agency authorized by Alberta Municipal Affairs that is accountable to issue the above permits for the M.D. of Smoky River No. 130. Permits are available at https://superiorsafetycodes.com or by calling the Edmonton branch at 1-866-999-4777.
Application for Permit: Application is to be submitted to the Development Officer on FORM A Development Permit and accompanied by a non-refundable application fee as passed by Council. The Development permit application form can be email to the Development Officer and the fee may be processed electronically. The Development Officer may require additional information to accompany the original permit application. Once all the required information is submitted, the Development Officer will then deem the application complete. Time limits are outlined on the permit application form.
We encourage you to contact the Development Officer, prior to applying to verify what type of additional information may be required.
The Development Officer shall make a decision on an application for development permit within forty (40) days of the receipt of the application in its final form. A Development Permit does not become valid until twenty-one (21) days after the date of decision is given as this period allows for any affected individuals to file any appeals.
New Home Warranty – required for all new residential building permits: The New Home Buyer Protection Act (NHBPA) came into effect February 1, 2014. Under the NHBPA, a building permit cannot be issued to a developer/ratepayer unless appropriate warranty coverage, or an authorization for exemption from coverage, requirement is in place on the property. In addition, this legislation also applies to duplexes, multi-family homes, condominiums, substantial reconstruction as well as manufactured homes (includes modular, ready to move, etc…). More information about NHBPA can be obtained from our office or by calling the Municipal Affairs Public Safety Division at 1-866-421-6929 or visit their website at https://residentialprotection.alberta.ca/public-registry.
The Appeal Process: A decision on a development permit application may be appealed by the applicant or an appellant on FORM C Notice of Appeal. The appeal shall include the fee ($500.00) for submitting an appeal. This appeal shall be delivered either in person or by registered mail so as to reach him/her no later than twenty-one (21) days following the date of issue of the notice.
Within thirty (30) days of receiving a written notice of an appeal, the Board shall hold a public hearing. Upon conclusion of a hearing, the Board shall deliberate and reach its decision in private. The Board shall give its decision upon an appeal in writing together with reasons for the decision within fifteen (15) days of the conclusion of the hearing.
Subdivisions Applications: Subdivision is the process of dividing a single parcel of land into two or more parcels, each with a separate Certificate of Title. A registered land or property owner (or their authorized agent) wishing to create two or more lots from a single parcel of land must obtain a subdivision approval prior to subdividing the land. The Mackenzie Municipal Services Agency (MMSA) is the Subdivision Authority for the M.D. of Smoky River No. 130. Applicants for subdivision can download the application package, which includes the Subdivision Application Guidelines and Application Form (see below), which are also available on the MMSA website.
Subdivision planning within the M.D. of Smoky River No. 130 is guided by the MGA, the Subdivision Authority Bylaw (which designates MMSA as the subdivision authority for the M.D. of Smoky River No. 130), the Subdivision and Development Regulation, the Land Use Bylaw, any applicable statutory plans, policies, other bylaws, standards and regulations.
Subdivisions & Private Sewage Disposal Systems: The Alberta Safety Codes Council has adopted the 2015 Standard of Practice pertaining to private sewage disposal systems that are in use and permitted for a single-family residence in the Province of Alberta. The open discharge system (pump outs) that the majority of our residences currently use. The minimum required setback from a property line for an open discharge system has doubled from 150 feet to 300 feet. There is a 150 foot setback from a residence, farm dugout and a watercourse. As a result, the minimal parcel size for a single residential parcel has increased to a minimum of 8.5 acres and more, in most cases. In the case where a subdivision hasn’t been applied for the parcel size is dependent on the location of buildings, water reservoirs, and open discharge in relation to existing or future property lines. Pre-planning a subdivision prior to submitting the application is strongly recommended for either a farmstead separation or a first parcel out. Failure in pre-planning can substantially add to the cost of the development. There are several approved methods of treating effluent from rural residences that reduces property line setbacks, all of which are included in the 2015 Standard of Practice.
Letter of Compliance: Where any development has taken place in conformance with a development permit, and the conditions, if any, attached to the permit has been fulfilled, a Development Officer may issue a Letter of Compliance stating that the development conforms to the requirements of the Land Use Bylaw.
A real property report completed by a qualified land surveyor within the last three years will be required prior to issuing the Letter of Compliance. If the real property report was completed on said property more than three years ago and no changes have occurred on the property, the Development Officer may use that report, provided a statutory declaration stating that no changes have occurred is provided.
A Letter of Compliance is subject to a fee based on the Rates, Fees & Disbursements Bylaw.
Documents Available to Download:
Development Permit – Checklist
FORM F Application to amend the Land Use Bylaw
Alberta Transportation Development Application
Subdivison Application Process – a guide to applying for a subdivision
Alberta Private Sewage Systems – Standard of Practice
Sewage Variance Process Guidance Document