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BYLAW NO. 1570
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BYLAW NO. 1570 A Bylaw of Camrose County in the Province of Alberta to authorize
the Council of Camrose County to regulate and control surface
drainage within Camrose County
WHEREAS
The Municipal Government Act, RSA 2000, c. M-26, provides that a
Municipal Council may establish Bylaws respecting the safety,
health, and welfare of people and the protection of people and
property; and
WHEREAS
The Municipal Government Act, RSA 2000, c. M-26, provides that a
Municipal Council may establish Bylaws respecting public utilities,
including systems to provide drainage; and
WHEREAS
The Council of Camrose County wishes to regulate surface drainage
on private and public lands affecting Camrose County property;
NOW THEREFORE The Council of Camrose County, in the Province of Alberta, duly
assembled, enacts as follows:
PART 1
TITLE
1. This Bylaw may be referred to as the "Surface Drainage Bylaw".
PART 2
DEFINITIONS
2. In this Bylaw,
(a) "Act" means the Municipal Government Act, RSA 2000, c. M-26, as amended or
replaced from time to time;
(b) "CAO" means the Chief Administrative Officer of Camrose County, or any
member of County staff designated by the CAO to carry out functions under this
Bylaw;
(c) "County" means Camrose County;
(d) "County Property" includes
(i) undeveloped reserve land including but not limited to those areas designated
municipal reserve, school reserve, municipal and school reserve, and
environmental reserve pursuant to the County's Land Use Bylaw, as
amended or repealed and replaced from time to time, and the Act;
(ii) municipal rights-of-way including Highways, Roads, roadways, boulevards,
sidewalks, walkways, road allowances, streets, lanes, road diversions,
bridges, titled rights-of-way, undeveloped road rights-of-way, public spaces,
water bodies, and public utility lots;
(iii) any place under the direction, control, and management of the County; or
(iv) any property owned by the County, including property owned under Section
424 of the Act.
(e) "Designated Officer" is as defined in the Act;
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(f) "Drainage Easement" means an easement or right-of-way registered in favor of
the County protecting drainage facilities such as pipes, catch basins, ditches,
sumps, Swales, detention ponds, or ancillary structures;
(g) "Hazard" is any object, situation, or behavior that has the potential to cause injury
or damage to property or the environment.
(h) "Highway" is as defined in the Traffic Safety Act, RSA 2000 c T-6, and
Regulations thereunder, as amended;
(i) "Lot" means:
(i) a quarter section;
(ii) a river lot shown on an official plan referred to in the Surveys Act that is filed
or lodged in a Land Titles Office;
(iii) a settlement lot shown on an official plan referred to in the Surveys Act that
is filed or lodged in a Land Titles Office;
(iv) a part of a parcel described in a certificate of title, if the boundaries of the part
are described in the certificate of title other than by reference to a legal
subdivision; or
(v) a part of a parcel described in a certificate of title if the boundaries of the part
are described in the certificate of title by reference to a plan of subdivision.
(j) "Nuisance" is defined as
(i) a person, thing or circumstances causing inconvenience or annoyance; or
(ii) an act, condition, or thing that is illegal because it interferes with the rights of
the public generally
(k) "Owner" means any Person who is the registered owner on the Certificate of
Title at the Land Titles Office, or any other Person who is in lawful possession
thereof, or who is in lawful possession or occupancy of any buildings situated
thereon, or any agent of, or Person acting on behalf of the Owner, including but
not limited to a contractor;
(l) "Peace Officer" has the same meaning as in the Provincial Offences Procedure
Act;
(m) "Person" means a corporation, partnership, or individual, and the heirs,
executors, administrators, or other legal representative of an individual;
(n) "Road" is as defined in the Act;
(o) "Storm Water" means surface run-off water that is the result of natural
precipitation;
(p) "Surface Elevation" means an elevation of the ground surface measured from
geodetic datum at a specific, discrete location;
(q) "Surface Grade" means the magnitude and direction of inclination of an area of
the ground surface;
(r) "Swale" means a shallow, sloped channel for the conveyance of Storm Water.
PART 3
SURFACE DRAINAGE RESTRICTIONS
BYLAW NO. 1570
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3. No Owner or Person shall cause or allow the alteration of any Surface Elevation or
Surface Grade of any Lot such that the disturbance of the earth may;
(a) cause or have the potential to cause a nuisance, a hazard, or damage to Camrose
County property;
(b) have the potential to adversely affect the stability of a slope on the Lot or an
adjacent slope;
(c) alter an on-site Storm Water management system without prior written consent of
the CAO; or
(d) alter property line elevations of the Lot or any adjacent lot.
4. No Owner or Person shall cause or allow the alteration of Surface Elevations, Surface
Grades, or drainage features on any County Property without written authorization
from the County. Such authorization may take the form of an approved Development
Permit issued under the County Land Use Bylaw, or any other express written
authorization issued by the CAO.
5. No Owner or Person shall cause or allow the filling, draining, redirection, or otherwise
alteration of any naturally occurring surface drainage feature, watercourse, or wetland
area affecting County property or Right of Way without written authorization from:
(a) the CAO; and
(b) the Province of Alberta, pursuant to the Water Act, RSA 2000, c. W-3, as
amended or replaced.
6. No Owner or Person shall cause or allow encroachment upon or work to happen within
an area covered by a Drainage Easement or right-of-way without prior written
authorization from the CAO.
PART 4
AUTHORITY OF THE DESIGNATED OFFICER
7. For the purpose of ensuring that the provisions of this Bylaw are being complied with,
a Designated Officer or delegate may, upon reasonable notice, enter in or upon a
Lot, in accordance with Section 542 of the Act, to carry out any inspection reasonably
required to ensure compliance with this Bylaw, including but not limited to:
(a) inspecting, observing, sampling, and measuring:
(i) grades and materials;
(ii) roof drains, foundation drains, and sump pump discharges; and
(iii) surface drainage features.
8. Notwithstanding the powers provided in section 7, a Designated Officer or delegate
may request information from an Owner or Person concerning compliance with this
Bylaw and set a reasonable time for the Owner or Person to provide such information.
9. An Owner or Person who has received a request from a Designated Officer or
delegate pursuant to section 8 shall provide such information within the timeframe
provided by the Designated Officer or delegate.
10. No Owner or Person shall interfere with the Designated Officer or delegate while the
Designated Officer is engaged in carrying out duties under this Bylaw.
11. Alberta Environment is the designated authority for surface drainage disputes between
landowners, and local Drainage Districts have surface drainage authority in
designated lands according to the Drainage District Act.
BYLAW NO. 1570
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PART 5
ENFORCEMENT
12. Any Owner or Person who contravenes a provision of this Bylaw is guilty of an offence
and is liable to a fine not less than that set out in the Fee for Service Bylaw.
13. Notwithstanding section 11, any Owner or Person who commits a second or
subsequent offence within one year of committing an offence under this Bylaw is liable
to a fine not less than that set out as a "Subsequent" fine in the Fee for Service Bylaw.
14. Nothing in this Bylaw will be construed as curtailing or abridging the right of the County
to obtain compensation for, or to maintain an action for, loss of, or damage to property
from or against the Owner(s) or Person(s) responsible.
MUNICIPAL TAG
15. a) A Peace Officer is authorized to issue a municipal tag to any person who the Peace
Officer has reasonable and probable grounds to believe has contravened any
provisions of this Bylaw.
(b) A municipal tag may be issued to such Person;
i. either personally;
ii. or by mailing a copy to such person at their last known address.
(c) The municipal tag shall be in a form approved by the County Administrator and
shall state:
i. the name of the Person;
ii. the offence;
iii. the specified penalty established by this Bylaw for the offence;
iv. that the penalty shall be paid within 30 days of being served,
v. any other information as may be required by the County Administrator
d) If the Municipal Tag is not paid within 30 days of issue, the balance of the Tag can
be transferred to the tax roll of the property, plus administration fees and any
penalties, knowing that the amounts transferred to the tax roll are then subject to
penalties applicable to unpaid taxes.
VIOLATION TICKET
16. The Peace Officer is authorized to issue a violation ticket to any Owner or Person who
the Peace Officer has reasonable grounds to believe has contravened any provision
of this Bylaw.
17. Where a violation ticket has been issued to an Owner or Person pursuant to this
Bylaw, that Owner or Person may plead guilty to the offence by submitting to the Clerk
of the Provincial Court, prior to the appearance date specified on the violation ticket,
the specified penalty set out on the violation ticket.
18. (1) Where an Owner or Person has committed an offence under this Bylaw, the
Designated Officer may take enforcement action to ensure compliance with this
Bylaw by issuing an order under sections 545 or 546 of the Act, including, but not
limited to:
(a) ordering the removal of fill;
(b) ordering the return of a Lot to its original state;
BYLAW NO. 1570
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(c) ordering the Lot be improved to restore natural drainage patterns.
(2) Where an Owner or Person refuses or is unable to comply with an order issued
under this section, the Designated Officer may contract a third party to implement
the order.
(3) Where an order is issued under this section, the expenses incurred by the County,
including contracted expenses under subsection 2, shall constitute a debt to, and
amount owing to the County by the Owner or Person to whom the order was
issued.
(4) An Owner or Person who fails to meet conditions of an order issued under sections
545 or 546 of the Act is guilty of an offence and subject to a fine as prescribed in
the Fee for Service Bylaw.
19. Any debt remaining unpaid under this Bylaw will constitute a debt owing to the County
and is recoverable by:
(a) action in a court of competent jurisdiction; and
(b) collecting in a like manner such as through municipal rates and taxes.
PART 6
GENERAL
20. Nothing in this Bylaw shall operate to relieve any Owner or Person from complying
with any Federal, Provincial, or other County law, order, regulation, or Bylaw.
21. Should any provision of this Bylaw be found invalid, the invalid provision shall be
severed, and the remaining Bylaw shall be maintained.
22. For the purposes of this Bylaw, an act or omission by an employee or agent of an
Owner or Person is deemed also to be an act or omission of the Owner or Person if
the act or omission occurred in the course of the employee's employment with the
Owner or Person, or in the course of the agent exercising the powers or performing
the duties on behalf of the Owner or Person under their agency relationship.
23. This Bylaw shall come into force and effect after third and final reading and upon being
signed.
24. This Bylaw rescinds Bylaw No. 1510
RECEIVED FIRST READING THIS
*________________________________
9th DAY OF SEPTEMBER, A.D. 2025 *REEVE
IN THE CITY OF CAMROSE, IN THE
*
PROVINCE OF ALBERTA
*________________________________
*COUNTY ADMINISTRATOR
RECEIVED SECOND READING THIS *________________________________
9th DAY OF SEPTEMBER, A.D. 2025
*REEVE
IN THE CITY OF CAMROSE, IN THE
*
PROVINCE OF ALBERTA
*________________________________
*COUNTY ADMINISTRATOR
RECEIVED THIRD AND FINAL
*_________________________________
READING THIS 9th DAY OF
*REEVE
SEPTEMBER, A.D. 2025, IN THE
*
CITY OF CAMROSE, IN THE
*_________________________________
PROVINCE OF ALBERTA
*COUNTY ADMINISTRATOR