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Part of Road closures

Road closure resolution

Describes when a resolution may be used to close a road.

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Road closures

Overview

A resolution is used by municipal districts, counties or specialized municipalities to close roads upon approval.

It can only be used to close unnecessary, undeveloped rural roads registered as road plans at Land Titles, which shows the road plan as ‘excepted from’ the land on the certificate of title(s).

Road plans appropriate for closure by resolution include:

  • road diversions, which are plans that were registered when the road could not be constructed following the surveyed road allowance
  • roads or portions of roads not required after the construction and registration of a new road alignment

Legislation

Municipal Government Act (MGA):

  • Section 22 Road closure (resolution)

Preparing the road closure package

The MGA grants the municipality (or other road authority) the ability to request the closure of a road plan they have determined is no longer needed.

It is recommended before initiating work on the closure package and prior to third party referrals, the municipality contact the Transportation District Office.

Discussing the closure at this stage gives staff an opportunity to inspect the site to:

  • verify that the road plan is not required as part of the provincial transportation network
  • determine whether current and future land owners have legal access to the provincial transportation network
  • determine whether the road plan closure will be supported

  • Resolution

    The municipality will draft the road closure resolution.

    Information that is required in the resolution includes:

    • name of the road authority (municipality/county)
    • purpose of the closure: consolidation into current title, create title or disposal (sale)
    • description of the proposed road closure:
      • Before drafting the road closure resolution, the municipality will require 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 signing dates for the municipal (council or designate) and the Transportation and Economic Corridors signatures

  • Third party referrals

    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.

    Include all copies of the right-of-way agreement(s) in the package submitted for signature.

  • Objections

    Objections to the proposed closure are not common, but if received, must be reviewed. 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 along with the municipality’s response to all objections. We require 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.

  • Cover letter

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

Submission package

Scan, upload and submit your proposed road closure package to the Roadside Planning and Application Tracking Hub (RPATH) for review by your District Office. The package must include the following:

  • cover letter requesting the closure, including rationale for the closure
  • the resolution, signed, sealed and dated
  • sketch or survey plan for the closure
  • list or copies of referral letters sent including responses and all original copies of any easement or utility right-of-way agreements required
  • copies of objections

After the District completes the review in RPATH, the municipality or their agent will be advised by email notification from RPATH. The original package may then be sent (including the original copy of the resolution and all original copies of each easement or utility right-of-way agreement) by mail or courier to our Head Office at:

Transportation and Economic Corridors
Technical Standards Branch
2nd Floor, Twin Atria Building
4999 98 Avenue NW
Edmonton, Alberta  T6B 2X3
Attn: Road Closure Coordinator

The Road Closure Coordinator completes the final review, prepares the Notification to Registrar for registration, has the resolution and any easement or utility right-of-way agreements signed and returns the documents to the municipality or their agent for registration at Alberta Land Titles. Copies of the signed documents will be uploaded into RPATH for immediate viewing.

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