+ RMA Rural Municipalities
of Alberta

Resolution 9-18F

Impact of the Alberta Wetland Policy on the Cost of Maintaining Public Road Infrastructure

Date:
November 21, 2018
Expiry Date:
December 1, 2021
Active Status:
Active
Sponsors:
Wheatland County
District:
2 - Central
Year:
2018
Convention:
Fall
Category:
Environment
Status:
Sent to Government
Vote Results:
Carried
Preamble:

WHEREAS the Alberta Wetland Policy and the Water Act require costly environmental studies as a component of the application process for wetland impacts; and

WHEREAS the Alberta Wetland Policy and the Water Act require wetland replacement for impacts to all wetlands greater in permanence than ephemeral; and

WHEREAS rural municipalities are not currently in a position to perform permittee-based wetland replacement, and therefore must pay in-lieu compensation where road maintenance activities on existing roads impact applicable wetlands; and

WHEREAS rural municipalities manage the majority of Alberta’s public road infrastructure; and

WHEREAS roads require consistent maintenance and/or re-building to support a growing province, in order to ensure public safety, accommodate increased use including extra weight and more traffic, and to upgrade roads to current standards; and

WHEREAS municipal roads requiring maintenance occur in existing right of ways, and were historically planned and built prior to the requirements of provincial wetland regulations; and

WHEREAS the re-building and maintenance of roads are causing municipalities increasing financial burden due to the requirement for environmental studies and compensation payments associated with the Alberta Wetland Policy; and

WHEREAS municipalities have limited opportunity to generate revenue to accommodate the increasing cost of re-building and maintaining roads except to transfer the costs to local ratepayers; and

WHEREAS the consequences of not completing road maintenance as required could include putting public safety in jeopardy due to a lack of upgraded roads, and loss of transportation routes for industry and the public due to road bans or road closure;

Operative Clause:

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta urge the Government of Alberta to modify the Alberta Wetland Mitigation Directive to allow all wetland impacts as a result of municipal road maintenance or re-building of existing roads to utilize a one to one ratio, or D to D value wetland replacement; and/or consider exempting all wetland impacts in road right of ways that are smaller than one hectare in size.

RMA Background:

4-17F: Water Act Approvals for Municipal Projects on Municipal Land

THEREFORE, BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties urge the Government of Alberta to relax the requirement for formal approvals on all road construction on municipal right of ways less than 40 metres wide and consider alternate strategies for protecting water resources.

DEVELOPMENT: Though the response from the Government of Alberta recognizes the challenges faced by municipalities who are subject to relatively short construction seasons and extensive infrastructure networks, the response does not indicate any change in process or regulation to the extent outlined in the resolution. This resolution is assigned a status of Intent Not Met.

1-16F: Alberta Environment and Parks Approvals for Construction Projects

THEREFORE, BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties requests that consideration be given to safety concerns related to delayed environmental approval processing and supports the creation of a process for municipalities to receive timely approvals from Alberta Environment with regard to construction projects.

DEVELOPMENT: The Government of Alberta response acknowledges the challenges that municipalities are facing in receiving timely approvals of works related to wetlands. The RMA is encouraged that Alberta Environment and Parks has identified this as a problem and is in the process of developing an updated regulatory process for road works impacting wetlands which will balance provincial and municipal needs regarding regulatory compliance and timeliness. The Government of Alberta has indicated that an Alberta Wetland Construction Directive and Alberta Wetland Construction Guide are forthcoming but have been delayed as of April 2018. The RMA assigns this resolution a status of Accepted in Principle, and will monitor progress made.

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