Provisions of the Municipal Government Act
Under legislation effective September 1, 1995, municipalities had to establish, by December 1, 1995, a subdivision and development appeal board. While this board will hear most subdivision appeals, those that relate to specific areas identified in the Act and Subdivision and Development Regulation will be heard at the provincial level by the Municipal Government Board. This bulletin clarifies when the subdivision appeal must be heard by the Municipal Government Board.

Section 678(2) of the Municipal Government Act provides that appeals lie to the Municipal Government Board if the land that is the subject of the application is in the Green Area or is within the distances of a highway, body of water, sewage treatment or waste management facility as set out in the Subdivision and Development Regulation. All other appeals lie with the subdivision and development appeal board.

The Subdivision and Development Regulation
The Subdivision and Development Regulation, which took effect September 1, 1995, further defines the distances referred to in Section 678(2) of the Act. A summary is presented below and explanatory diagrams are attached.

Section 5(3)(f) of the Regulation clarifies that the Green Area, which is located primarily in the northern half of the province, does not include land within an urban municipality or such other lands as the Deputy Minister of the Minister responsible for administering the Public Lands Act excludes in writing. Section 5(3)(e) clarifies that the phrase "distance from a water body" means that the proposed parcel must be bounded by or contain a water body. Section 5(2) allows the Deputy Minister of the Minister responsible for the Public Lands Act to further define the meaning of "water body" by agreement with the municipality. The definition, however, does not include dugouts, drainage ditches, canals, man made lakes or similar man made bodies of water.

Sections 12 and 13 establish the setback distances between proposed or potential sites for hospitals, schools, food establishments and residential uses and the working or disposal area of wastewater or waste management facilities. These distances may be varied with the approval of Alberta Environmental Protection.

Section 14 establishes that the phrase "distance from a highway" means the land that is the subject of an application is within 0.8 km. of a highway where the posted speed is 80 km. per hour or greater. Restrictions do not apply if the application is in a city or is otherwise permitted under section 14 of the Regulation. The requirements of sections 14 and 15 may be varied by a subdivision authority with the written approval of Alberta Transportation and Utilities.

Further clarification is provided in Planning and Development bulletins on Subdivision in the Vicinity of Highways and on Subdivision and Development in the Vicinity of Wastewater Treatment Plants.

Jurisdiction of the Municipal Government Board
The legislation requires that wherever the application falls within the areas specified above, the appeal will be to the Municipal Government Board. An amendment to section 678 of the Act effective May 24, 1996, clarifies, however, that where a distance has been varied with the approval of the respective provincial department, any appeal of the file will be heard by the subdivision and development appeal board.

Exclusive Appeal Jurisdiction
Appeals to the Municipal Government Board or the local subdivision and development appeal board are mutually exclusive. There is no appeal of one board's decision to the other board.

Responsibility of the Subdivision Authority
It is the responsibility of the subdivision authority to clearly state on the notice of decision whether the appeal lies with the Municipal Government Board or the subdivision and development appeal board. If an appeal is sent to the wrong board, Section 678(5) of the Municipal Government Act allows the appeal to be rerouted to the correct board as though the appeal had been received within the time period permitted.

Conclusions
The changes to the appeal process have resulted in more than 90 per cent of subdivision appeals being heard by the local subdivision and development appeal board. Further reduction in appeals to the Municipal Government Board are possible through agreements with or variances granted by the respective departments. Some provincial appeals are necessary to adequately protect provincial interests.

This bulletin has been prepared to clarify the role of the Municipal Government Board in the subdivision appeal process. Questions on this bulletin should be directed to the Local Government Advisory Branch at 427-2225.