Edmonton International Airport Vicinity Protection Area Regulation

(Consolidated up to 22/2024) ALBERTA REGULATION 55/2006 Municipal Government Act EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION AREA REGULATION Table of Contents 1 Definitions 2 Protection Area established 3 Subdivision approval and development permits relating to land in Protection Area 3.1 Filing of caveat 4 Continuation of validity of pre‑existing approvals 5 Construction of prohibited residence 6 Acoustical requirements 8 Developments within Leduc County and Parkland County 9 Duty of municipality 10 Amendment to Regulation 11 Repeal 11.1 Expiry Schedules Definitions 1 In this Regulation, (a) “airport lands” means lands owned by the Crown in right of Canada and managed and operated as an airport by the Airport Operator pursuant to the Regional Airports Authorities Act ; (a.1) “Airport Operator” means the Edmonton Regional Airports Authority established as a corporation under the Regional Airports Authorities Act , or a successor to that corporation; (b) repealed AR 83/2022 s2; (c) “development permit” means an authority to develop land under one of the following: (i) where the land is in the City of Edmonton, the Edmonton Zoning Bylaw No. 12800, as amended from time to time; (ii) where the land is in Leduc County, the Leduc County Land Use Bylaw No. 1665‑83, as amended from time to time; (iii) where the land is in the City of Leduc, the City of Leduc Land Use Bylaw No. 516‑2002, as amended from time to time; (iv) where the land is in Parkland County, the Parkland County Land Use Bylaw No. 15‑00, as amended from time to time, or a building permit for a single detached dwelling or a mobile home; (d) “municipality” means any of the following: (i) the City of Edmonton; (ii) Leduc County; (iii) the City of Leduc; (iv) Parkland County; (e) “NEF Area” means an area of land, excluding airport lands, that (i) is enclosed by noise exposure forecast contour line 40 as shown on the map in Schedule 2, (ii) lies between any 2 noise exposure forecast contour lines shown on the map in Schedule 2, or (iii) lies between the boundary of the Protection Area and noise exposure forecast contour line 25 as shown on the map in Schedule 2; (e.1) “NEF contour” or “noise exposure forecast contour” means a numbered line shown on the map in Schedule 2 that indicates a boundary of a NEF Area; (f) “noise exposure forecast” means a system comprised of a standardized format for forecasted aircraft movement inputs, a computer model and associated land use compatibility tables, which together have been approved by Transport Canada to provide an airport operator means to generate NEF contours that can be used by land use planning authorities to develop compatible land use decisions around an airport; (g) “prohibited use” means a use that (i) is prohibited pursuant to Schedule 3 when it occurs on land to which that Schedule relates, or (ii) is substantially similar, in the opinion of the subdivision authority or development authority, as the case may be, of the relevant municipality, to a use referred to in subclause (i); (h) “Protection Area” means the Edmonton International Airport Vicinity Protection Area established under section 2. AR 55/2006 s1;185/2017;83/2022 Protection Area established 2 (1) The lands described in Schedule 1 and shown on the map in Schedule 2 are hereby established as the Edmonton International Airport Vicinity Protection Area. (2) If any discrepancy exists between the description of the lands in Schedule 1 and the location of the lands on the map in Schedule 2, the description in Schedule 1 prevails. (3) The Protection Area does not include the airport lands. AR 55/2006 s2;185/2017 Subdivision approval and development permits relating to land in Protection Area 3 (1) No subdivision or development of any kind may be undertaken on land in the Protection Area unless subdivision approval is given or a development permit is issued, as the case may be, by the municipality in which the land is located. (2) A municipality that receives (a) an application for the subdivision of land in the Protection Area, or (b) an application for a development permit relating to land in the Protection Area must, in addition to complying with Part 17 of the Municipal Government Act , comply with this Regulation. (3) No subdivision approval may be given and no development permit may be issued by a municipality relating to land in the Protection Area if the proposed use of that land is a prohibited use. (4) This section does not apply to a minor development of land in the Protection Area (a) that will not result in a change in the use of the land, or (b) that is exempt under any one of the authorities listed in section 1(c) from the requirement to obtain a development permit. Filing of caveat 3.1 (1) Concurrent with (a) approving a subdivision of land, or (b) permitting the development of new residential units on land situated or partially situated within the Protection Area, the municipality approving the subdivision or permitting the development shall cause a caveat to be filed with the Registrar of Titles under the Land Titles Act against the certificate of title for each affected parcel noting that the parcel is situated or partially situated within the Protection Area. (2) A caveat filed under this section shall not be lapsed in accordance with the provisions of the Land Titles Act governing the lapse of a caveat, and may be discharged only by the municipality or an order of a court. AR 83/2022 s3 Continuation of validity of pre‑existing approvals 4 (1) If, before the coming into force of this Regulation, a municipality approved a subdivision or issued a development permit relating to land in the Protection Area and the use being made of the land or an improvement to the land immediately before the coming into force of this Regulation was a permitted or prohibited use, the approval of the subdivision or the development permit, as the case may be, continues to be valid after the coming into force of this Regulation. (2) No extension, addition or enlargement may be made to an improvement that is prohibited under this Regulation except in accordance with subsection (3). (3) The following improvements may be extended, added to or enlarged if the portion so extended, added to or enlarged complies with the acoustical requirements set out in the Alberta Building Code and is entirely located on a parcel of land that existed immediately before the coming into force of this Regulation: (a) an improvement used as an office and retail facility as defined in Schedule 3 regardless of where it is located in the Protection Area; (b) an improvement used for a residence or school that is located in a NEF Area of 35 or less. (4) Where the use of an improvement continues to be valid after the coming into force of this Regulation under subsection (1) and the improvement is destroyed or demolished, the improvement may be replaced and may continue to be used for the prohibited use if the portion so replaced complies with the acoustical requirements set out in the Alberta Building Code. (5) In this section and in section 5, “NEF Area of 35 or less” means an area of land located between noise exposure forecast contour lines 25 and 35 as shown on the map in Schedule 2. Construction of prohibited residence 5 (1) If, before the coming into force of this Regulation, a municipality approved a subdivision relating to land in the Protection Area in a NEF Area of 35 or less and the use being made of the land immediately before the coming into force of this Regulation was a residential or agricultural use, a residence may be constructed on each lot in that subdivision after the coming into force of this Regulation notwithstanding that the construction of the residence is a prohibited use. (2) If, before the coming into force of this Regulation, an agreement for the provision of services has been entered into by a municipality and an applicant for subdivision approval of land for residential purposes in the Protection Area in a NEF Area of 35 or less and the applicant has paid or agreed to pay for the provision of services, a residence may be constructed on each lot in that subdivision after the coming into force of this Regulation notwithstanding that the construction of the residence is a prohibited use. (3) In this section, “services” means roads, pedestrian walkways and public utilities. Acoustical requirements 6 (1) All buildings constructed on land in the Protection area after this Regulation comes into force must comply with the acoustical requirements set out in the Alberta Building Code that are in force at the time the development permit relating to the building is issued. (2) For the purpose of establishing the acoustic insulation factor under the Alberta Building Code, the NEF contour for a building shall be (a) the highest numbered contour for the NEF Area in which the building is located, or (b) if the building is located in 2 NEF areas, the highest numbered contour for the higher of the 2 numbered NEF Areas. 7 Repealed AR 83/2022 s4. Developments within Leduc County and Parkland County 8 (1) Except for lands within the NEF 40+ Area, Leduc County may approve subdivisions and allow development for residential use in the Protection Area in accordance with its statutory plans and land use bylaws to a limit of not more that 4 dwellings per quarter section of land. (2) For those lands within the NEF 30‑35 Area outlined in Schedule 7 that are currently designated for country residential use and agricultural/nature conservation use under its land use bylaw, Parkland County may approve subdivisions and allow development in accordance with its statutory plans. Duty of municipality 9 (1) A municipality must refer a copy of any application it receives for a subdivision of land or a development permit relating to land in the Protection Area in a NEF Area of 30 or more, where the use of the land will change as a result of the application being approved, to the Airport Operator. (2) Before adopting a statutory plan or land use bylaw, or an amendment of either, that relates to land in the Protection Area, a municipality must refer the statutory plan or land use bylaw, or the amendment, to the Airport Operator. AR 55/2006 s9;83/2022 Amendment to Regulation 10 (1) Where a municipality applies to the Minister for an amendment to this Regulation, the application must include a resolution of the council that the council supports the proposed amendment. (2) An application under subsection (1) must not be considered by the Minister unless the Minister is satisfied that reasonable consultation in respect of the proposed amendment has taken place with any affected municipality and landowners, the Airport Operator and the general public. AR 55/2006 s10;185/2017 Repeal 11 The Edmonton International Airport Vicinity Protection Area Regulation (AR 63/81) is repealed. Expiry 11.1 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on July 31, 2027. AR 83/2022 s6 12 Repealed AR 185/2017 s5. Schedule 1 Edmonton International Airport Vicinity Protection Area The Edmonton International Airport Vicinity Protection Area consists of the lands described in this Schedule, but does not include the airport lands. In Township 49, Range 24, West of the 4th Meridian: North half of section 3; Northeast quarter of section 8; Northwest quarter and east half of section 9; Southeast quarter and west half of section 10; Northwest quarter of section 15; Sections 16 and 17; Northeast quarter of section 18; Sections 19, 20 and 21; Southwest quarter of section 22; Southwest quarter of section 28; Sections 29, 30 and 31; Southeast quarter and west half of section 32. In Township 50, Range 24, West of the 4th Meridian: Southeast quarter and west half of section 6. In Township 51, Range 24, West of the 4th Meridian: Northeast quarter and west half of section 5; Section 6; Southeast quarter of section 7; Section 8; Northwest quarter of section 9; West half of section 16; Southeast quarter of section 17. In Township 49, Range 25, West of the 4th Meridian: Northeast quarter of section 24; Section 25; Northwest quarter and east half of section 26; Northeast quarter of section 27; Northeast quarter and west half of section 30; Southwest quarter and east half of section 31; Northeast quarter and west half of section 32; Northeast quarter of section 33; Sections 34, 35 and 36. In Township 50, Range 25, West of the 4th Meridian: Sections 1, 2, 3, 4 and 5; Southeast quarter of section 6; East half of section 7; Sections 8, 9, 10, 11 and 12; West half of section 13; Sections 14, 15, 16 and 17; Northwest quarter and east half of section 18; Sections 19, 20, 21, 22 and 23; Northwest quarter of section 24; West half of section 25; Sections 26, 27, 28, 29, 30, 31 and 32; Southeast quarter and west half of section 33; South half of section 34; Sections 35 and 36. In Township 51, Range 25, West of the 4th Meridian: Southeast quarter of section 1; Southwest quarter of section 4; Southeast quarter and west half of section 5; Section 6; Southeast quarter and west half of section 7. In Township 50, Range 26, West of the 4th Meridian: East half of section 24; Section 25; Northeast quarter of section 26; Northeast quarter of section 34; Sections 35 and 36. In Township 51, Range 26, West of the 4th Meridian: Section 1; Northwest quarter and east half of section 2; East half of section 10; Sections 11 and 12; Southeast quarter and west half of section 13; Section 14; Southwest quarter and east half of section 15; Section 22; Southeast quarter and west half of section 23; Southwest quarter of section 27. AR 55/2006 Sched. 1;185/2017;83/2022 Schedule 2 Map showing lands in the Edmonton International Airport Vicinity Protection Area Schedule 3 Land Uses Definitions 1 In this Schedule, (a) “campground” means a facility where spaces are provided for temporary accommodation for recreational vehicles or tents; (a.1) “clinic” means a facility (i) for the provision of physical services or mental services, or both, to individuals on an outpatient basis, or (ii) for the treatment of animals; (a.2) “day care” means a facility for the provision of care and supervision of 7 or more children, under the age of 13 years, for periods not exceeding 24 consecutive hours, but does not include an on‑site child care program that is provided by an employer or organization and is ancillary to the primary use of the site; (b) “land” means land located in the Protection Area; (c) “office and retail facility” means an office and retail facility where more than 10 people may assemble at one time; (d) “outdoor recreation facility” means a development providing a facility for sports and active recreation conducted outdoors where public viewing is incidental and includes a golf course, a driving range, skiing, a sports field, a swimming pool, a tennis court or a park; (d.1) “place of worship” means a place or building that is primarily used or intended as a place where people regularly assemble for religious worship and associated activities; (d.2) “residence” means a building that includes kitchen, sleeping and sanitary facilities and is used primarily as a home; (d.3) “school” means a place or building that is used or primarily intended for the education of students at a preschool, elementary, junior high or high school age; (e) “PR”, where it appears in the table opposite a particular land use, means that the land use is prohibited in that NEF Area; (f) “spectator entertainment facility” means a development specifically intended for public viewing such as an arts event, an exhibition, animals, vegetation or museum exhibit and includes, but is not limited to, a theatrical, musical or dance performance, the showing of motion pictures, the presentation of exhibits, animal acts or museums; (g) “spectator sport facility” means a development providing a facility intended for sports and athletic events primarily held for public viewing and includes, but is not limited to, a stadium, an arena, a swimming pool and an animal racing track but does not include an auto racing track; (h) “type A continuing care home” means a type A continuing care home as defined in the Continuing Care Regulation . Table of prohibited uses according to NEF Area 2 (1) A land use shown in Column 1 of the following table is prohibited on land that is located in a NEF Area shown in Column 2, 3, 4 or 5 of the table if the expression “PR” appears in that column opposite that land use. TABLE Column 1 Col. 2 Col. 3 Col. 4 Col. 5 Land Uses NEF NEF NEF NEF 40 + Area 35‑40 Area 30‑35 Area 25‑30 Area Public and Semi‑public Uses Places of Worship PR PR Day Care PR PR Hospitals PR PR Clinics PR Type A Continuing Care Homes PR PR Schools PR PR Spectator Entertainment Facilities Outdoor PR PR Spectator Sports Facilities Outdoor PR PR Residential Uses Campgrounds PR PR PR PR Residences PR PR (2) In the table, (a) “NEF 40+ Area” means an area of land located between noise exposure forecast contour line 40 as shown on the map in Schedule 2 and the runway; (b) “NEF 35‑40 Area” means an area of land located between noise exposure forecast contour lines 35 and 40 as shown on the map in Schedule 2; (c) “NEF 30‑35 Area” means an area of land located between noise exposure forecast contour lines 30 and 35 as shown on the map in Schedule 2; (d) “NEF 25‑30 Area” means an area of land located between noise exposure forecast contour lines 25 and 30 as shown on the map in Schedule 2. (3) A land use that is not shown in Column 1 of the table but is similar to a land use shown in Column 1 of the table, in the opinion of the affected subdivision authority or development authority, is prohibited in accordance with subsection (1). (4) Subject to subsection (3), a land use that is not identified as prohibited in subsection (1) is permitted in any NEF area. Use of land where parcel located in more than one NEF area 3 (1) Where a parcel of land that is equal to or less than 0.2 hectares is located in more than one NEF Area, the noise exposure forecast contour line that runs through the parcel must be adjusted to follow the next appropriate natural or man‑made boundary that is farther away from the airport lands. (2) Where (a) a noise exposure forecast contour line divides a parcel of land that is greater than 0.2 hectares into more than one NEF area, and (b) in one area a proposed use is a prohibited use and in the other area the proposed use is not a prohibited use, the proposed use of the parcel may be carried out only in the area in which the proposed use is not a prohibited use. Use of land in City of Leduc 4 (1), (2) Repealed AR 83/2022 s8. (3) Despite anything to the contrary in this Regulation, in that part of the City of Leduc described as the most easterly 201 metres in perpendicular width throughout the southeast quarter of section 25, township 49, range 25, west of the 4th meridian, containing approximately 16.2 hectares, development for campground uses is permitted subject to the City of Leduc’s statutory plans and land use bylaw. AR 55/2006 Sched. 3;185/2017;83/2022;22/2024 Schedules 4 to 6 Repealed AR 83/2022 s9 Schedule 7 Parkland County NEF 30‑35 Area April 2022 AR 55/2006 Sched 7;83/2022