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TOWN OF DRUMHELLER
BYLAW NUMBER 02.25
DEPARTMENT: DEVELOPMENT AND PLANNING
ENCROACHMENT BYLAW
A BYLAW OF THE TOWN OF DRUMHELLER, IN THE PROVINCE OF ALBERTA TO ADDRESS
ENCROACHMENTS INTO TOWN-OWNED LAND, STREETS AND EASEMENTS
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, empowers municipalities to pass
bylaws dealing with the use and management of their property, and prohibiting or regulating any
development;
AND WHEREAS the Municipal Government Act, R.S.A 2000, c. M.26 authorizes a municipality to
pass bylaws regarding the remedying of the contraventions of bylaws;
AND WHEREAS section 651.2 of the Municipal Government Act, R.S.A 2000, c. M.26 allows
municipalities to permit encroachments onto a road by agreement;
AND WHEREAS section 72 of the Land Titles Act, R.S.A. 2000, c. L-4, permits the registration of
encroachment agreements on the affected parcels of land;
AND WHEREAS the Town of Drumheller recognizes its responsibility to its citizens to maintain and
operate effective and safe services and to enable public access to lands intended for public use and
enjoyment;
AND WHEREAS the Town of Drumheller recognizes the importance of upholding these
responsibilities by effectively managing encroachments onto Town-owned land, streets, and
easements;
NOW THEREFORE, the Council of the Town of Drumheller in the Province of Alberta, enacts as
follows:
1. CITATION
1.1
This Bylaw shall be cited as the Town of Drumheller "Encroachment Bylaw."
2. DEFINITIONS
2.1
For the purposes of this Bylaw, the following definitions shall apply:
a)
"Certificate of Title" means the record of that title to land that is maintained by the
Registrar as defined in the Land Title Act, R.S.A 2000, c. L-4;
b)
"Chief Administrative Officer" or "CAO" means the person appointed as Chief
Administrative Officer for the Town of Drumheller, or their designate;
c)
"Community Standards Appeal Board Bylaw" means the means the Community
Standards Appeal Board Bylaw #31.24, as amended from time to time, and its
successor legislation;
d)
"Easement" means any right of way, including a Utility Right of Way, located on
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Bylaw 02.25
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privately owned property, established for the installation, construction, repair and
maintenance of utilities, or for the access and passage of persons, identified by a
registered plan or by description and documented by a registered caveat or
easement agreement at the Alberta Land Titles Office.
e)
"Encroachment" means anything placed with a fixed location on the ground or
attached to something having a fixed location on the ground that extends on,
over, or under Town land, including the immediate airspace, and includes, but is
not limited to, the following:
i)
buildings, all projections (including eaves, footings, foundations, weeping
tiles, cantilevers, etc.) and siding;
ii)
garages;
iii)
extensions of adjacent lands by fill or any deposit of fill;
iv)
fences;
v)
sidewalks, curbs, parking pads, aprons, or driveways made from asphalt,
concrete, or brick;
vi)
structures (including decks, stairs, patios, gazebos, satellite dishes,
antennas, decorative walls, etc.);
vii)
walls;
viii)
swimming pools and hot tubs;
ix)
shrubs, trees or other organized landscape materials;
x)
hard landscaping (including asphalt, concreate paving stones, retaining
walls, fire places, planters, etc.);
xi)
lighting fixtures;
xii)
permanent signs;
xiii)
underground electrical wiring (excluding utilities authorized by the Town and
located within Town land); and
xiv)
underground irrigation systems (excluding utilities authorized by the Town
and located within Town land).
f)
"Encroachment Agreement" means an agreement between the owner and the
Town permitting an encroachment subject to agreed-upon terms and conditions;
g)
"Enforcement Order" means an order written pursuant to section 545 or 546 of the
Municipal Government Act;
h)
"Municipal Government Act" or "MGA" means the Municipal Government Act, R.S.A.
2000 M-26, as amended from time to time, and its successor legislation;
i)
"Notice to Remedy" means a written notice pursuant to this Bylaw that instructs a
person to remedy a condition that is not in compliance with any provision of this
Bylaw within a specified timeframe;
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Bylaw 02.25
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j)
"Peace Officer" has the same meaning given to it in the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34;
k)
"Person" means a natural person or a corporation, and includes a partnership, an
association, or a group of people acting in concert unless the content explicitly
necessarily implies otherwise;
l)
"Property Owner" means the person(s) shown as the owner(s) of land on the
Certificate of Title for a parcel in which an encroachment originates;
m)
"Real Property Report" means a survey document prepared, signed and stamped by
an Alberta Land Surveyor, illustrating the location of all structures and visible
improvements situated on a parcel of land relative to the property boundaries.
n)
"Reserve Land" means any parcel designated as municipal reserve, environmental
reserve, municipal and school reserve, school reserve, conservation reserve, or
community services reserve, as defined in the MGA or noted as community reserve
on a Certificate of Title;
o)
"Street" means the entire area located within a road right of way, whether developed
or not, and includes the roadway, sidewalks, boulevards, ditches and any other
improvements located within the right of way;
p)
"Town of Drumheller" or "Town" means the Town of Drumheller, a municipal
corporation in the Province of Alberta, and includes the area contained within the
corporate boundaries of the Town of Drumheller, as the context may require;
q)
"Town Land" means all titles and non-titled lands owned by or under the direct
responsibility of the Town of Drumheller, and includes all streets, Utility Right of
Ways and easements.
r)
"Utility" means any lines, systems, infrastructure, or other facilities relating to any one
or more of the following:
i)
The distribution or transmission of electricity, telephone, cable television or
telecommunications;
ii)
The distribution or transmission of natural gas;
iii)
The storage, transmission, treatment, distribution or supply of water;
iv)
The collection, treatment, movement or disposal of sanitary sewage,
including but not limited to pipes, force mains, and pumping stations; or
v)
The drainage, collection, treatment, movement or disposal of storm sewer
water, including but not limited to collection devices, drainage swales, pipes,
pumping stations, storm water ponds and wetlands;
s)
"Utility Provider" means the Town or a third-party provider of utilities, which has
authority to access and use a Utility Right of Way to construct, install, maintain,
repair, replace, and operate its utilities pursuant to a Utility Right of Way agreement;
t)
"Utility Right of Way" means a Utility Right of Way granted pursuant to the Land
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Bylaw 02.25
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Titles Act, R.S.A. 2000, c L-4; and
u)
"Violation Ticket" has the same meaning given to it in the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34.
3. INTERPRETATION
3.1
In this Bylaw, words in the singular include the plural and words in the plural include the
singular.
3.2
In the event of conflict between a provision of this Bylaw and another Town bylaw, the
provisions that is the most restrictive in relation to encroachment prevails.
4. SCOPE
4.1
This Bylaw applies to all encroachments into Town Land.
4.2
This Bylaw applies to all encroachments which currently exist at the time this Bylaw is
passed, regardless of when they were first placed, as well as all encroachments placed
after this Bylaw is passed.
4.3
Nothing in this Bylaw relieves a person from complying with any federal or provincial law,
other Town bylaws, or any requirements of any lawful permit, order, or restriction on a
Certificate of Title or license.
5. PROHIBITIONS AGAINST ENCROACHMENTS
5.1
A person must not place or allow to be placed an encroachment onto Town Land without
the written authorization of the Chief Administrative Officer or the execution of an
encroachment agreement with the Town.
5.2
Notwithstanding any other provision in this Bylaw, a person must not place or allow to be
placed an encroachment onto Reserve Land, unless permitted otherwise by Town policy,
bylaws or the Municipal Government Act.
6. ENCROACHMENTS INTO TOWN LAND
6.1
Notwithstanding section 5, the following improvements shall be permitted to encroach into a
street and shall not require prior written approval:
a)
driveways of any material adjacent to a road or lane;
b)
sidewalks; and
c)
emergency access ramps, wheelchair or other accessibility ramps, fire escapes or
similar structures.
6.2
Notwithstanding section 5, the following improvements shall be permitted to encroach into a
Utility Right of Way and shall not require prior written approval:
a)
Driveways of any material that cross over the Utility Right of Way, though do not run
parallel to or with it;
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b)
Sidewalks, including steps; and
c)
Emergency access ramps, wheelchairs or other accessibility ramps, fire escapes or
similar.
6.3
Encroachments outlined within Schedule "A" of this Bylaw may be permitted by written
authorization of the Chief Administrative Officer subject to the terms, conditions, and
duration of the authorization;
6.4
Encroachments that exceed the requirements of Schedule 'A' of this Bylaw may be
permitted upon the application and execution of an encroachment agreement with the
Town, subject to the terms, conditions, and duration of the agreement;
6.5
The Chief Administrative Officer is responsible for establishing the terms, conditions, and
duration of all written authorizations or encroachment agreements established pursuant to
section 6.3 and section 6.4 of this Bylaw, respectively.
7. ENCROACHMENT APPLICATION
7.1
Notwithstanding section 6 of this Bylaw, no encroachment shall be permitted until the
property owner has submitted a duly completed encroachment application, in the form
prescribed by the Chief Administrative Officer, along with all required supporting
documentation, and the Chief Administrative Officer has reviewed and approved the
application.
7.2
To begin the application process pursuant to Section 7.1, a property owner must submit the
following:
a)
A completed application in the prescribed form;
b)
An original copy of a real property report for the subject parcel, issued within six (6)
months of the date of submission, or within two (2) years of the date of submission if
accompanied by a sworn affidavit stating that no changes to the property have been
made;
c)
A current copy of the Certificate of Title for the subject parcel;
d)
Photographs of the encroachment, if required; and
e)
The prescribed fee, as outlined in the Fees, Rates and Charges Bylaw;
7.3
If an encroachment agreement is required, pursuant to section 5 of this Bylaw, the
property owner must submit an agreement, drafted by a lawyer authorized to practice
in the Province of Alberta, which shall include:
a)
the location and identification of the encroachment;
b)
the owner's responsibilities to maintain the encroachment;
c)
terms or conditions under which the agreement is terminated;
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d)
the Town's right to have access to the land;
e)
indemnification of the Town, its agent and licensees; and
f)
any other clauses deemed necessary by the Town.
7.4
When an encroachment agreement has been executed, the property owner shall register
the encroachment agreement by caveat on the Certificate of Title.
8. FEES
8.1
The property owner shall be responsible for all costs related to facilitating an
encroachment, which includes but is not limited to:
a)
the fees associated with the application for an encroachment, as outlined in the
Rates, Fees and Charges Bylaw.
b)
fees arising from the use of Town Land in accordance with an encroachment
agreement;
c)
any additional costs related to the processing of an application for an encroachment
agreement, including legal fees, registration of the encroachment agreement, road
closure applications, subdivision applications, disposal of reserves or other related
costs; and
d)
any costs of utility relocation or reconstruction required to facilitate an
encroachment.
8.2
The property owner shall, at their sole expense, be responsible for the costs of
removing and restoring lands encumbered by an encroachment, as directed by the
Chief Administrative Officer.
9. REFUSAL OF ENCROACHMENT
9.1
Notwithstanding section 6 and section 7 of this Bylaw, the Chief Administrative Officer
may refuse to permit an encroachment if, in the Chief Administrative Officer's sole
opinion, the proposed or existing encroachment:
a)
interferes with the safety of the public, the Town, or a utility provider;
b)
interferes with the Town's or the utility provider's ability to access, maintain, and
operate its utility on Town Land;
c)
interferes with the public's ability to access Town Land intended for public use and
enjoyment; or
d)
is not in the best interest of the Town or the citizens of Drumheller.
9.2
Any property owner who receives a refusal letter pursuant to section 9.1 shall not place
an encroachment, and if applicable, must remove the encroachment within thirty (30)
days of receiving the letter.
10. NOTICE TO REMEDY
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Bylaw 02.25
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10.1
Where the Chief Administrative Officer believes that an encroachment exists that should be
removed or remedied, the Chief Administrative Officer shall provide a Notice to Remedy,
which shall include written instruction to the property owner to remove or remedy the
encroachment.
10.2
The Notice to Remedy shall include:
a)
the location of the encroachment(s);
b)
a description of the condition or conditions that are in violation of this Bylaw;
c)
the remedial action that is required; and
d)
the deadline for completion of remedial action, which shall be no less than seven (7)
days and no more than one (1) year from the date of service.
10.3
Any owner who receives a Notice to Remedy and fails to fully comply with the requirements
of the Notice to Remedy in the timeframe allotted commits an offence under this Bylaw.
11. ENFORCEMENT ORDERS
11.1
If the Chief Administrative Officer finds a property owner to be in violation of this Bylaw,
they may issue an Enforcement Order in accordance with section 545 or 546 of the
MGA that provides instructions to remedy the conditions found to be in violation of this
Bylaw.
11.2
Any property owner or occupier who receives an Enforcement Order and fails to fully
comply with the requirements of the Enforcement Order commits an offence under this
Bylaw.
11.3
If a property owner or occupier receives an Enforcement Order and fails to fully comply
with its requirements, the Town may take action to remedy the contraventions on the
Enforcement Order at the property owner's or occupier's expense; this expense shall
be added to the tax roll of the property owner and the Town shall recover the expense
in the same manner as other taxes, pursuant to the Municipal Government Act.
11.4
Any person who receives an Enforcement Order may, by written notice within fifteen
(15) calendar days after the date the order is received, request that the Enforcement
Order be reviewed by the Community Standards Appeal Board.
11.5
The application for appeal, and the review of the Enforcement Order shall be done in
accordance with the Community Standards Appeal Board Bylaw.
12. PENALTIES
12.1
A person who contravenes or fails to comply with a provision of any section of this
Bylaw is guilty of an offence and shall be liable, upon summary conviction, to a penalty
not less than $100.00 and not exceeding $5000.00, or to imprisonment for not more
than six months for non-payment of a fine. Specified penalties to be issued by Peace
Officers are found in Schedule "B" of this Bylaw.
12.2
Offences of a continuing nature shall be deemed to constitute a separate offence for
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Bylaw 02.25
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each day or part of a day that the offence continues.
12.3
A Peace Officer who has reasonable and probable grounds to believe that any person
has contravened any provision of this Bylaw may issue and serve a violation ticket,
allowing voluntary payment of the specified penalty to the court, or requiring a person
to appear in court without the alternative of making a voluntary payment.
12.4
The recording of the payment of the specified penalty made to the court pursuant to a
violation ticket shall constitute acceptance of a guilty plea and conviction for the
offence.
13. TERMINATION OF AUTHORIZATION OR AGREEMENT
13.1
Notwithstanding any provision of this Bylaw, the Town may, at any time and in its sole
discretion, terminate the written authorization of an encroachment or an encroachment
agreement by providing written notice to the property owner, where the encroachment is
affected by future plans for utilities, street widening, or other municipal development, or for
any other reason the Chief Administrative Officer deems necessary for the public interest.
14. SCHEDULES
14.1
Schedule 'A' and Schedule 'B' are attached to and form part of this Bylaw.
15. SEVERABILITY
15.1
If any portion of this Bylaw is found to be invalid, that portion shall be severed from the
remainder of the Bylaw and shall not invalidate the whole Bylaw.
16. TRANSITIONAL
16.1
This Bylaw comes into full force and effect upon third and final reading.
READ A FIRST TIME THIS 25th DAY OF AUGUST 2025.
READ A SECOND TIME THIS 25th DAY OF AUGUST 2025.
READ A THIRD AND FINAL TIME THIS 22nd DAY OF SEPTEMBER 2025.
The original document, duly signed and executed, is retained on file.
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SCHEDULE 'A'
ENCROACHMENTS INTO TOWN LAND THAT REQUIRE WRITTEN AUTHORIZATION
1. ENCROACHMENTS INTO TOWN LAND OR STREETS
1.1
Fence sections that encroach up to 0.10 metres into a street, providing no public utilities
are captured within the fence sections.
1.2
Concrete garage aprons encroaching up to 0.10 metres into streets.
1.3
Steps which do not interfere with public sidewalks or trails and do not decrease the usable
width of a street.
1.4
Retaining walls less than 0.60 metres in height, encroaching less than 0.10 metres into a
street, except where the retaining wall is located adjacent to Town utilities or other above-
ground surface utilities.
1.5
Retaining walls authorized as a condition of a development permit.
1.6
Non-permanent surface improvements within a boulevard area, including landscaping
features, ground cover, driveways, and irrigation systems, which extend beyond a property
line to a sidewalk, curb, or edge of pavement.
1.7
Signs, awnings, or canopies projecting into a street provided they:
a)
project less than 2.4 metres measured horizontally over the street;
b)
are not located closer than 1.0 metres measured horizontally to the portion of the
street used for the passage of motor vehicles; and
c)
are not less than 2.4 metres measured vertically above the surface of the street.
1.8
Outdoor/sidewalk patios that have received approval from the necessary Town
departments.
2. ENCROACHMENTS INTO EASEMENTS
2.1
Driveways, sidewalks, or similar grade-level features which provide access to a residential
dwelling or commercial business, that in the opinion of the Chief Administrative Officer are
features directly benefiting the access or which may adversely affect access to or use of
the easement.
2.2
Fence sections that encroach less than 0.10 metres into an easement.
2.3
Portable sheds not greater than 10 square metres, not constructed on a permanent
foundation, nor connected to utility services.
2.4
Retaining walls less than 0.6 metres in height, encroaching less than 0.3 metres into an
easement, except where the retaining wall is located adjacent to Town utilities or other
above ground surface utilities.
2.5
Non-permanent surface improvements within a boulevard area, including landscaping
features, ground cover, driveways, and irrigation systems.
2.6
Eaves encroaching less than 0.1 metre into an easement.
SCHEDULE 'B'
SPECIFIED PENALTIES
Bylaw Section #
Description of Offence
Penalty
General Penalties
All violations of this Bylaw not specified within this schedule
$250.00
5.1
Place unauthorized encroachment on Town land
$1000.00
5.2
Place unauthorized encroachment on lease land
$500.00
16.3
Fail to comply with Notice to Remedy
$250.00
17.2
Fail to comply with an Enforcement Order
$500.00