County’s new Land-Use Bylaw gets green light

By Diane Spoor
Staff Reporter

After nearly two years and seven drafts, Clearwater County’s Land-Use Bylaw (LUB) received final approval from county council during the Sept. 9 regular council meeting. The process that led to this approval began in 2023 with a series of open houses and online events. County council, along with administration and the public advisory committee (PAC) worked together, along with a consultant, to rewrite the bylaw that dates from 2001.

First reading of the bylaw took place during the June 24 regular council meeting which was followed by a public hearing on July 24.

During the Sept. 9 meeting, manager of planning Kim Gilham provided council with an overview of what’s included in draft seven.

“Administration, along with the consultant, made changes to draft version six presented at the public hearing, which are reflected in draft version seven, as presented today. Those changes were based on direction received from council during two combined meetings of the Land Use Bylaw Public Advisory Committee and the Steering Committee after the public hearing was held and comments received.

“The goal of this Land Use Bylaw update is not to increase regulations for the majority of county residents, but to provide a transparent, equitable and clear process for planning and development in the county, which has made the document longer in some areas. This bylaw also aims to provide increased standards, consultation and oversight for uses that may have larger-scale impacts in the county.”

“The Bylaw update was designed to align with the Municipal Development Plan (MDP) by:  
• Protecting farmer and landowner rights.  
• Providing increased housing choice.  
• Ensuring commercial and industrial operations are compatible with residential uses.

“Additionally, the Bylaw was updated to align with changes made to the Municipal Government Act over the last 24 years. The existing LUB has outdated and incorrect processes and agencies. The update reflects current provincial regulation.

“Some key highlights include:
• The incorporation of the Caroline Land Use Bylaw, including all of its land use districts. 
• Additional housing options were added, to allow for multi-generational living and to adapt to the changing housing preferences that we hear are desired across Clearwater County. This includes the addition of secondary suites.  
• RVs can be used more freely, with more options for on-site storage of personal RVs, as well as using them for temporary housing in certain situations.  
• The existing Land Use Bylaw (LUB) had lots of overlap between land use districts. Reducing districts from 36 to 22 aligns with the Municipal Development Plan’s goals of simplifying processes and business-friendliness, while also ensuring appropriate planning oversight and discretion on planning in the county. For example, the bylaw will now have only one Industrial (I) District that combined the existing Industrial, Light Industrial and Caroline Industrial Districts.  
• Broader, clearer categories and a fully expanded definitions section.  
• Direct Control Districts only for high-impact or sensitive developments (e.g., aggregate, compassionate care). 
20 per cent variance rule to allow the Development Officer flexibility to consider a relaxation on unique proposals (over 20 per cent goes to MPC).  
• Sea-Cans allowed in the majority of districts when they follow the policies within the LUB.  
• Agriculture fencing has no restrictions; perimeter fencing allowed in Nordegg north, with restrictions.
• Short Term Rentals are now a discretionary use with a temporary development permit, allowing for appeals.”

The bylaw will also be reviewed annually.

Following the presentation from administration, councillors shared their view on the LUB.

Deputy Reeve Bryan Cermak said, “I feel we have spent enough time and taxpayer dollars on a damn good bylaw. It is not perfect by any means but we don’t live in a perfect world. Much has been improved from the previous one from 2001. The public have been given many opportunities to include their thoughts and opinions. The team has made changes from the input with lengthy discussions on several issues. This bylaw will be reviewed annually, and changes will be discussed and considered at this time. As there has been many thousands of dollars of taxpayers’ dollars to date I see no reason to delay second and third reading. So I will make the motion for second reading.”

Councillor Genny Mehlhaff said she would also be supporting second reading. “It shows we are truly trying to give people the rights to their land back. It’s not perfect. There will be growing pain but there is an annual review. And as chair of MPC (Municipal Planning Commission) it has been difficult to work with both the county and Caroline’s land use bylaws, This will allow for one better document.”

Councillor Neil Ratcliffe said, “the LUB has been quite a journey and there has been unprecedented involvement. I would have liked to see it go further to remove restrictions on how people use their property, but this LUB has been updated and it removes a lot of old issues. And a key addition is the requirement for an annual review.”

Councillor Jordon Northcott spoke in opposition of the LUB. “It’s been very clear to me that the majority of residents are not in support of this LUB rewrite. There have been too many revisions. I think there was an opportunity to create an improved LUB but that didn’t happen since we are on draft seven.”

Mehlhaff responded to Northcott. “The number of drafts shows that this council moves and pivots based on what we hear. We could have just stayed on draft one. I disagree with the opinion that multiple drafts means it’s bad. I think it makes it better.”

Councillor Daryl Lougheed said this process has been exhaustive. “It started out with the intent to create a more usable document and to address things that weren’t reflective of our community. I believe we have a document that serves our community. It is less intrusive, provides greater freedom to use your property as you see fit. I think there is more right than wrong in this document.”

Reeve Michelle Swanson said she echoes what the majority of council has said. “I think this is something that will eliminate red tape.”

Councillor Barb Gibson agreed. “We have listened to the public. We can’t please everyone but we are hoping it pleases the majority.”

Second reading was carried with Councillor Northcott voting in opposition.

Councillor Neil Ratcliffe motioned third reading which was also carried by the same vote.