Resource Extraction Regulatory Review (RERR)

Council started the Resource Extraction Regulatory Review (RERR) to make sure sand and gravel (also called aggregate) mining helps the local economy while also keeping the environment and residents safe.

Resource extraction is important. It creates jobs, provides the resources needed to build things like roads and helps pay for community services with a levy. But some residents expressed concerns with loud noise, hours of operation, air and water quality, traffic and impacts to livestock.

To address these concerns, we are proposing changes to our resource extraction rules. Existing rules are more than 30 years old and we want to make sure they balance the needed economic benefits with protecting the environment and residents’ quality of life.

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Where We’re At

Following a multi-year review and significant public engagement, Council is considering new rules for resource extraction.

On May 23, Council gave second reading to proposed Bylaw 1607/22.

Public hearing

You have another chance to provide input on the proposed bylaw.

We are holding a second public hearing for proposed Bylaw 1607/22 on Thursday, June 22 at 5:30 p.m.

You can provide your feedback via email, in person or through videoconference. Pre-register for the hearing by calling 780-939-8279 or 780-939-8277. If you wish to speak at the hearing via videoconference, you must register by June 21 at 2 p.m. by calling 780-939-8279 or 780-939-8277.

You can view the public hearing online or you can join us in person in Sturgeon County Council Chambers (9613 100 St. in Morinville).

Learn more about the public hearing and how you can participate.

Following the public hearing, your input will be considered and the proposed bylaw (with possible changes) will go to Council for further consideration and possible approval.

 

What is Being Proposed

Bylaw 1607/22

With changes requested by Council on May 9, 2023,  Bylaw 1607/22 would change the Land Use Bylaw to reflect the following:

  • Operators would need to consult the community before applying to redistrict land for resource extraction. The County would also hold a public hearing for residents to share their input.
  • Operators could apply to redistrict land to the resource extraction land use district or to a new resource extraction direct control land use district.
    • In the resource extraction (RE) land use district:
      • Sand, gravel and clay operations and secondary processing operations would need to be at least 400 metres (quarter mile) from single homes and multi-lot subdivisions.
      • Silica sand and secondary processing operations would need to be at least 800 metres (half mile) from single homes and multi-lot subdivisions. Silica sand is made up of at least 95 per cent silicon dioxide and less than 0.6 per cent iron oxide.
      • Operators would need plans for traffic management, hauling and water/groundwater management.
    • In the new resource extraction direct control (RE DC) land use district, on a site-specific basis:
      • Operators could apply for reduced setback distances (compared to the resource extraction (RE) land use district) if supported by an economic, environmental and quality of life assessment. If approved by Council, additional measures could apply and would suit the land’s unique characteristics, such as topography, shelter belts, roadways and more.
      • Measures related to traffic management, noise, hours of operation, air quality, hauling, water/groundwater management and more could be applied to reduce the operation’s impact on the environment and nearby landowners and properties.
  • Approved resource extraction development permits would be valid for five-years. After, an operator would need to apply for another permit. The County would also monitor operations and enforce bylaws for all operations.
  • Resource extraction operators would need to regularly share information with the public through community meetings and information sharing on a County-managed platform.

Note: existing operations in the resource extraction land use district would not be impacted by these changes, unless they need permit renewal. At that time, these changes would apply.

Other Actions

Administration will prepare a staged implementation plan for other recommendations in the RERR Final Report – such as reviewing committee governance, the Community Aggregate Payment (CAP) Levy, communication and enforcement supports – by Sept. 30, 2023.

Common questions

The County will continue updating the county website with information about the proposed resource extraction rules. You can also join our email list to get updates about resource extraction delivered to your inbox.

If the proposed bylaws are approved, administration will prepare a staged implementation plan for other recommendations in the RERR Final Report – which includes a review of communication supports – by Sept. 30, 2023.

The Resource Extraction Regulatory Review does not focus on a specific project or extraction area. It is a review of the rules applied to resource extraction operations throughout the County. If approved, these rules will apply to new sand and gravel extraction sites, or applications to change/expand operations or renew a permit.

Any landowner can apply to redistrict/rezone their land. After considering public input, Council decides if the application is supported or not. If approved, Council would pass a bylaw to amend the Land Use Bylaw to reflect the redistricting/rezoning of the land.

Each land use district allows for certain uses, such as resource extraction; however, the landowner must still apply for a development permit. The development permit details the specific conditions for the intended use and is issued by a development officer with the County.

This map shows potential resource deposits in Sturgeon County. There may be deposits in other areas not shown on the map, and some areas on the map may only have small deposits. Not all deposits are practical or cost-effective to extract.

Initially, administration proposed different setback distances in the resource extraction land use district. Operations had to be at least 400 metres from residences and 800 metres from multi-lot subdivisions, which aligned with the recommendation in the Calahoo-Villeneuve Sand and Gravel Extraction Area Structure Plan when it was approved by Council in 2001.

This approach was changed on May 9, 2023. Now, proposed Bylaw 1607/22 proposes the following setback distances:

  • Operations must be at least 400 metres from single- and multi-lot residences for sand, gravel and clay operations.
  • Operations must be at least 800 metres from single- and multi-lot residences for silica sand operations.

Direct control land use districts allow us to create land use/zoning districts with site-specific regulations and performance standards; these are used when other land use districts are inappropriate or inadequate. Direct control districts consider existing/future surrounding developments, the applicant’s interests, and the public interest.

The intent of the resource extraction direct control land use district is that any reduction in setback distance would be met with greater performance standards to reduce the impact an operation has on the environment and adjacent properties and landowners.

Landowner support of a rezoning/redistricting application is not always needed, but it can impact Council’s decision.

In the resource extraction direct control district, where setback distances can be reduced, landowner negotiations may occur with industry in the pre-application stage; the County/Council is not involved in these negotiations. Sturgeon County encourages landowners to participate in any consultations and public hearings for resource extraction operations near their property.

Approved resource extraction development permits would be valid for five years. If an operator wants to renew, they’d have to apply for another permit, which would also be valid for five years. This repeats for the lifespan of the operation. New or different conditions could be applied to each permit to align with regulations and set performance standards.

The County recently hired a development compliance officer who is focussed on making sure development permit conditions are met. This individual would investigate development and land use complaints – including those related to resource extraction operations – and take enforcement action, as needed.

Sturgeon County currently contracts an environmental consultant to monitor groundwater levels and water quality surrounding resource extraction operations.

The proposed bylaws include the requirement for ongoing water and groundwater monitoring and management as part of the approval to redistrict/rezone land for resource extraction. Sturgeon County will compile a groundwater monitoring policy and necessary management plans, as needed.

Resource extraction operators in Sturgeon County must pay a levy, called the Community Aggregate Payment (CAP) levy. These funds help keep taxes low and fund community services.

Council adopted a Community Grant Policy on Oct. 13, 2020, which details how CAP levy dollars are spent in the community. The below image shows how funds were distributed in 2022.

Currently, there are no proposed changes to the Community Aggregate Payment (CAP) levy. If the proposed bylaws are approved, there are plans to review the CAP levy and how funds are distributed to balance the benefits to the broader community with the benefits to communities near resource extraction operations.

What We’ve Done

We started the Resource Extraction Regulatory Review in early 2020. This review included more than two years of expert analysis and public engagement, where we listened to resident, landowner and operator input. We conducted public surveys, interviews with industry members, several online and in-person open houses, and more.

View our what we heard report for a summary of the feedback we heard.

The RERR Final Report was accepted in March 2021. Its goal is to open up access to more sand and gravel deposits while maintaining or improving our natural environment and the human health, safety and quality of life of residents living near new pits.

On April 20, 2023, Council adopted Bylaw 1608/22 to repeal the Calahoo-Villeneuve Sand and Gravel Area Structure Plan. This plan is more than 20 years old and its policies are already included in the Land Use Bylaw. This bylaw will come into effect on Sept. 30, 2023.

Timeline

May to June 2020: phase one of public engagement

August 2020: Council accepted the best practices report and What We Heard Report from public engagement (phase one)

Oct. 19 to Nov. 6, 2020: phase two of public engagement

January 2021: Council accepted the What We Heard Report from public engagement (phase two)

Early 2021: Final reports and recommendations were presented to Council

March 23, 2021: Council accepted the RERR Final Report

May 3 to 20, 2022: phase three of public engagement

Oct. 25, 2022: Council accepted the consolidated What We Heard Report

Jan. 24, 2023: Council gave first reading to a pair of bylaws related to resource extraction

March 15, 2023: Sturgeon County held two public hearings, allowing the community to provide feedback. Watch a video recording of the public hearings and read written submissions. As part of the public hearings, we received questions from community members; view answers to these questions.

April 11, 2023: Council discussed the proposed bylaws and directed administration to prepare amendments

April 20, 2023: Council gave third and final reading of Bylaw 1608/22 to repeal the Calahoo-Villeneuve Sand and Gravel Extraction Area Structure Plan. It postponed its decision on proposed Bylaw 1607/22.

May 9, 2023: Council directed administration to amend proposed Bylaw 1607/22 to reflect a split setback distance based on the commodity type, and to prepare a policy that provides additional guidance on resource extraction operations near livestock operations.

May 23, 2023: Council gave second reading to proposed Bylaw 1607/22.

June 22, 2023: second public hearing

Need more information?

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If you have any questions about the proposed resource extraction changes, please contact Planning and Development at 780-939-8275 or by email .