Road closure bylaw

The municipality will draft the road closure bylaw.

• Sample Road Closure Bylaw

Required information in the bylaw includes:

• bylaw number
• name of the road authority (municipality, county, town or village)
• purpose of the closure: create title, disposal (sale) or lease
• advertising: including the name of the publication(s) and dates published (see Section 606 of the MGA)
• description of the proposed road closure
  • Before drafting the road closure bylaw, the municipality requires a description of the closure area that will be accepted by Alberta Land Titles (unless closure is for lease). While some descriptions are clear from the plan or title, an Alberta Land Surveyor may be required to prepare a sketch/survey plan and description for the closure area. A survey plan or complete metes and bounds description is always required by Alberta Land Titles for partial closures, roads within subdivision plans and unsurveyed roads (road allowance).
• lines for signatures, dates, and readings

Council must give the first reading of the bylaw prior to submitting the signed and dated original bylaw proposing closure to Alberta Transportation and Economic Corridors for approval.

It is the responsibility of the municipality to ensure all third party interests are protected by an easement or (utility) right-of-way agreement when the vacant land created by the road closure is disposed of (sold, consolidated and titled). This is not a requirement if the closure is for lease, although rights and responsibilities must be addressed in the lease agreement if there is any infrastructure that may require inspection or maintenance.

His Majesty the King in Right of Alberta, as represented by the Minister of Transportation must be the grantor of all easement or (utility) right-of-way agreements.

• Landowner – Sample referral letter: landowners adjacent to the road closure and other area land owners who may be affected
• Utility providers – Sample referral letter: utility providers that may be in the area of the closure (telecommunications, power authorities, gas distribution)
  • the owner or operator of any pipeline or right-of-way that crosses the subject closure area
• Environment and Parks – Sample referral letter: Provincial Approvals Section, if the road is adjacent to or through a water body or adjacent to crown land

Include a list or copies of all third parties who received letters and whether right-of-way agreements are required.

Include all copies of the right-of-way agreement(s) in the package submitted to Alberta Transportation and Economic Corridors for signature.

The purpose of advertising the proposed road closure is to create public awareness and gives residents time to consider the consequences of loss of legal road access.

Road closure bylaws are advertised under section 606, MGA with publication in the local newspaper (usually a weekly) in 2 consecutive issues.

The advertisement includes:

• purpose of the closure (that is, to public travel, lease or disposal)
• description of the closure area (that is, plan number, legal description)
• sketch of the closure area
• time and place for the public hearing (generally the date for the first reading of the bylaw)
• deadline for written submissions objecting to the closure

Copies of the advertisement must be included in the package submitted to Alberta Transportation and Economic Corridors.

If the community no longer has a local newspaper, other advertising methods are described in Section 606(1) of MGA. Please advise Alberta Transportation and Economic Corridors and include a screen print if the closure was advertised electronically and the date range the notice was available to the public.

If objections to the proposed closure were submitted in writing or raised at the public hearing, Council must determine whether the objections are valid and need to be addressed or whether they wish to continue with the closure process.

Copies of the objections must be included in the package submitted to Alberta Transportation and Economic Corridors along with the municipality’s response to all objections. Alberta Transportation and Economic Corridors requires objections to be dealt with before the proposed closure is submitted for approval. If an agreement cannot be reached with an objector, a rationale should be provided in the cover letter for proceeding despite the objection.

The rationale for the closure must be included in the cover letter. If objection(s) to the closure were received, the cover letter will provide information on how the objection(s) were addressed.