The recent spring floods in Alberta are a reminder of the issues municipalities face when considering a subdivision and/or development application. While submission requirements may vary by municipality, mandatory obligations do exist for municipalities as well. For example , in the case of a subdivision, section 654 of the Municipal Government Act and Section 7 of the Subdivision and Development Regulation impose a mandatory obligation on a municipality's subdivision authority to confirm that the land is suitable for the intended use and, when making its decision about whether or not to approve the application, to consider a number of factors that directly relate to the suitability of the site for the proposed use.
For further information or guidance on this issue, please contact one of the lawyers in Brownlee LLP's Municipal Practice Group.
Flooding has plagued areas of central and northern Alberta in recent days, but the majority of about 300 people whose homes were evacuated in the northern Alberta hamlet of Fort Vermilion homes are being allowed to return.