Roadway Development Administered Under The Public Land Act
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Alberta Sustainable Resource Development (ASRD) is responsible for administering all roadway reservations on public land in the Province. Before entering public land for roadway development, you need a Provisional Roadway Reservation (RDS) from ASRD, pursuant to the Public Lands Act .
A RDS serves to protect the interest of the roadway authority and ensures that resource concerns are addressed prior to construction.
A written request is to be submitted 30 days prior to the anticipated date of construction. This allows sufficient referral time to the resource managers. The referral process ensures Alberta s natural resources are managed for the benefit of all Albertans.
Section 3 of the Public Lands Act defines public lands to include the bed and shores of all permanent and naturally occurring bodies of water unless a grant or title expressly conveys such rights to the land holder. This definition includes all undeveloped road allowances covered by bodies of water.
Section 7 of the Forest Act places the administration of standing and cut timer on all road allowances under the administration of the Minister of ASRD. The municipal authority is required to notify the local district forest office prior to any proposed roadway construction to ensure timber salvage of both coniferous and deciduous species is addressed. The method of disposal will be determined by the local district forest office.
How to apply for a provisional roadway:
Thirty days prior to commencement of construction, submit a letter with the following information:
- projected commencement and completion date of road construction
- date survey will be completed
- written consent of a disposition holder/occupant
- erosion control measures and revegetation methods to be applied during construction and the long-term plan for the management maintenance of stream crossings, drainage structures and the right-of-way vegetation
- a sketch/plan at a scale of 1:5000 with the following particulars:
- the name of the municipal authority and its contractor
- the approximate length and width of the roadway
- each quarter section affected by the roadway
- the present bank(s) (as defined under section 17 of the Surveys Act ) of the body of water together with the length of the right-of-way lying between the banks
- location of Burrow pits
Note approval of burrow pits outside of the proposed road development on public lands is to be obtained from the local public lands office.
Existing Roads: - When considering the closure or abandonment of a registered road or road allowance that isn't the result of a newly registered road and where access to public lands may be affected, it's advisable that the municipal authority contact ASRD.
To salvage timber on road allowances, the local district forest officer must be contacted.
General Information
- Lands required by municipal authorities for use as public access roadways are reserved pursuant to Section 17(d) of the Public Lands Act. No fees are payable. A RDS notes the municipal authority's interest in the lands. All future dispositions issued are made subject to the reservation.
- The definition of public lands, pursuant to Section 3 of the Public Lands Act, includes the bed and shores of all permanent and naturally occurring bodies of water including rivers, streams, watercourses and lakes, unless a grant of title expressly conveys such rights to the holder. This includes all undeveloped road allowances within a water body.
- Pursuant to Section 24 of the Public
Lands Act, written consent of a disposition holder having
prior rights is required to withdraw the lands from the affected
disposition.
- Failing to obtain the written consent, the lessee may restrict access to the road. Any subsequent registered road can be challenged and defeated by the lessee.
- The municipal authority is to negotiate with and pay compensation to the lessee for the loss of the lessee's interest under an existing lease. If an agreement cannot be reached as to compensation, either party may apply to the Land Compensation Board.
- Prior to paying any compensation, contact with the department is required to ensure the disposition holder has no outstanding Crown debts.
- Applications are referred to resource managers to provide their recommendations and operating conditions. The referral process ensures Alberta's public lands, forests, fish, wildlife and water resources are managed for the benefit of all Albertans.
- All water crossings will require a Water Resources Permit obtained from Sustainable Resource Development (SRD)'s Water Resources Branch.
- Crown land searches can be obtained from any of the local public
lands/ranger district offices or
Alberta Energy
Calgary Information Center
Main Floor, Bental Building
703 6 Ave., S.W.
Calgary, Alberta T2P 0T9
Telephone (403) 297 6324
Fax (403) 297 2576
Requests for a RDS can be submitted
Or for further information contact:
Alberta Sustainable Resource Development
Lands Division
Lands Dispositions Branch
9915 – 108 Street NW,
Edmonton, Alberta T5K 2G8
Telephone (780) 427 3464
Fax (780) 422 3120
OR call the closest Lands Division office in your area.
