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Birch Hills County Municipal Development Plan 1.0 INTRODUCTION 1.1 Preamble The Municipal Development Plan (MDP) is the primary planning policy document for use at the municipal level. It is intended to provide a framework for the ongoing development of Birch Hills County. The preparation of this Plan has been motivated by a number of factors. a) Changes to Alberta’s planning legislation in 1994 resulted in the Planning Act being rescinded and revised planning provisions being incorporated into the Municipal Government Act. Included in this legislative change was the provision of new requirements for MDP content. b) Formerly known as Improvement District No. 19, the municipality was incorporated as the Municipal District of Birch Hills in 1995 and Birch Hills County in 1999. This resulted in important administrative changes and jurisdictional autonomy that need to be reflected in local plans and bylaws. c) Although MDP’s are not mandatory for municipalities with a population of less than 3,500 persons, County Council deemed it desirable to adopt a Plan in order to establish policies addressing confined feeding operations and watershed protection. 1.2 Municipal Government Act Requirements This Plan has been prepared in accordance with the Municipal Government Act According to Section 632 (3) of the Act, Municipal Development Plans must address; (i) the future land use within the municipality, (ii) the manner of the proposals for future development in the municipality, (iii) the coordination of land use, future growth patters and other infrastructure with adjacent municipalities if there is no intermunicipal development plan with respect to those matters in those municipalities, (iv) the provision of the required transportation systems either generally or specifically within the municipality and in relation to adjacent municipalities, and (v) the provision of municipal services and facilities ether generally or specifically… 1 Birch Hills County Municipal Development Plan The Act requires that the Plan “Contain policies compatible with the subdivision and development regulations to provide guidance on the type and location of land uses adjacent to sour gas facilities”, and “must contain policies respecting the provision of municipal, school or municipal and school reserves, and policies respecting protection of agricultural operations”. In addition, the Act requires that Municipal Development Plans be consistent with the Provincial Land Use Policies. 1.3 Purpose of the Plan 1.3.1 The purpose of this Plan is to guide the future development of Birch Hills County by: a) Defining the goals, objectives and policies of the County with respect to planning matters; b) Minimizing the occurrence of incompatible land uses; and c) Providing support and direction for the administration of the Land Use Bylaw, and the preparation of other statutory planning documents. 1.3.2 This Plan, in addition to applicable Provincial legislation and the Land Use Bylaw, will provide the necessary direction to assist Council, Development Officer, Subdivision and Development Authority, and the Subdivision and Development Appeal Board in making land use decisions that are consistent with the established objectives of the County. 1.4 Interpretation 1.4.1 For the purpose of interpreting this Plan, the following definitions shall apply: “Act” means the Municipal Government Act, SA 2000 as amended. “Better Agricultural Land” means those lands in the rural area which are rated in excess of 28% by the Rural Farmland Assessment (RFA) or equivalent, and may be confirmed through site inspections and/or independent soils analysis. This definition may exclude any parcel or portions thereof that by reason of slope, configuration, seize or surrounding land use is determined by the County to not be a viable farm parcel. 2 Birch Hills County Municipal Development Plan “Country Residential” means the subdivision of land into one or more parcels that is intended to accommodate residential development. “Environmentally Sensitive Areas” means those areas identified on the Future Land Use Map that are generally unsuitable for development due to the presence of excessive or unstable slopes, the potential for erosion or flooding, contain sensitive ecological habitat, or are Provincial Crown lands. “Farmstead Separation” means the subdivision of one parcel of land from an un-subdivided quarter section to accommodate an existing, habitable residence and related improvements. “Rural Area” means all that portion of the area within Birch Hills County which is not included in a Hamlet or Rural Settlement. “Statutory Plan” means a municipal development plan, intermunicipal development plan, or area structure plan prepared and adopted in accordance with the Act. All other words or expressions shall have the meanings respectively assigned to them in the Municipal Government Act, the Subdivision and Development Regulation and the Land Use Bylaw. 1.4.2 The policies set forth in this Plan apply to all lands contained within the corporate boundaries of Birch Hills County. 1.4.3 It is intended that the land use boundaries identified in this Plan be considered as approximate only and not absolute. Any minor adjustments or variances that may be necessary to land use boundaries will not require amendment to this Plan. 3 Birch Hills County Municipal Development Plan 1.5 Goals of the Plan 1.5.1 The goals of this Plan are to: a) Provide a framework for the future growth and development of the County; b) Maintain the long term viability of the County’s agricultural land base; c) Identify appropriate non-agricultural development in the rural area to facilitate diversification of the County’s economic base; d) Minimize the possibility of conflicts between potentially incompatible land uses; e) Facilitate inter-municipal and inter-jurisdictional cooperation in matters affecting development in the region; and f) Ensure that the natural environment is protected and that significant environmental features are preserved. 2.0 AGRICULTURE Agriculture is the main economic activity in the County. The promotion and protection of agricultural land uses is a high priority. During the settlement of the County, most of the best agricultural land has been occupied. The opening of some new land continues to occur; however most is of lower agricultural capability. Extensive agriculture requires a substantial land base per operation. The opening of poorer land couples with loss and fragmentation of better land can threaten the farming community. The loss and fragmentation of better agricultural land to non-agricultural uses can (1) transfer better lands out of production, (2) hinder farming operations, and (3) inhibit the future assembly of land into more viable farm operations. With the provision for some recognized exceptions, the preservation of the land base is considered an important part in supporting agriculture. 4 Birch Hills County Municipal Development Plan 2.1 Objectives a) To recognize agriculture and related activities as the predominant land use in the rural area. b) To minimize the impact of non-agricultural uses on existing farm operations. c) To ensure that better agricultural land in the County is preserved for farm purposes wherever possible. d) To provide guidance on the establishment r expansion of confined feeding operations. 2.2 Policies 2.2.1 Unless otherwise allowed for in this Plan, the subdivision of better agricultural land for non-agricultural uses shall not be permitted. 2.2.2 The County shall discourage the development of non-agricultural uses on better agricultural land, unless no suitable alternative location is available or it is an industrial use with unique site requirement. The types of uses that may be permitted on better agricultural land include public uses, agricultural industries, site-dependent rural industry, resource extraction, extensive recreational uses, and equipment storage. 2.2.3 The County may approve the subdivision of better agricultural land if the proposed parcel is to accommodate; a) A farmstead separation; b) A vacant first parcel out of a quarter section that is proposed for residential use; c) A parcel that is physically severed from the balance of the quarter section and which complies with Section 2.2.4; d) An agricultural industry; e) A confined feeding operation or other intensive agricultural use; or f) A public use. Land subdivided solely for a public use is considered to be un-subdivided. 5 Birch Hills County Municipal Development Plan 2.2.4 Further to 2.2.3 c the County may approve the subdivision of a parcel that is physically severed from the balance of the quarter section by a water course, gully or ravine, road, or railway if the following criteria are met: a) That the proposed parcel is inaccessible from the balance or, in the opinion of the County, is inconvenient to farm; b) Legal and physical access are available; and c) if proposed for residential development, that the parcel is not subject to erosion, flooding or subsidence. 2.2.5 The development of non-agricultural uses in the rural area shall not negatively impact existing agricultural operations. As new development occurs in the rural area, notice to developers respecting the presence of agricultural operations shall be made in accordance with the provisions of the Land Use Bylaw. 2.2.6 With the exception of confined feeding operations, the development of intensive agricultural uses such as market gardens may be permitted within Environmentally Sensitive areas such as rives valleys.

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