Undeveloped Road Closures and Allowances

A road allowance is land where a public road could be constructed if the need arises. They are owned by the Province of Alberta, but are under the care and control of municipalities.

On this page, an undeveloped road allowance means any land located in Rocky View County dedicated as a road right-of-way that is under the direction, control and management of Rocky View County, has not been fully developed, and is not required for vehicular traffic.

Residents who live next to undeveloped road allowances can access the land for personal use in two ways:

1. For grazing or cultivation uses
2. For closure, purchase, and permanent consolidation into their lands

Grazing, Cultivation or Access Licenses for Road Allowances

If you are the registered owner or occupant of land that is next to an undeveloped road allowance, or have a beneficial interest in that land, you can apply for a grazing, cultivation or existing access license with County Road Operations.

Documents to Prepare

1. Road License Application Form [PDF/93KB].
2. A current copy of the owner’s certificate of title (searched within 30 days prior to the date of application).
3. The appropriate non-refundable application fee, which can be found in the Master Rates Bylaw under Road Allowances and Closures.
4. If you are not the owner of the land that is next to the road allowance, a letter from the owner authorizing you to apply on their behalf is required.

Licensing Process

1. Application: Submit the application form and the non-refundable application fee to the Road Operations department via questions@rockyview.ca.
2. Evaluation of application: A desktop and field assessment are completed to document the existing conditions of the undeveloped road allowance.
3. Local circulation: Landowners within 800 metres of the road allowance will receive a circulation package advising them of the application. The circulation period is 30 days and allows landowners to ask questions, voice support or oppose the application.
4. Completion: After 30 days, any comments, queries, or concerns are evaluated. If there are no reasonable concerns, the license agreement will be either emailed or two copies mailed to the applicant. The applicant should review the document, print two copies if needed, and initial and sign each page. Both copies are to be returned to the County for endorsement. One fully executed copy will be returned to the license agreement holder.
5. Annual fees: An invoice with the annual fees will be sent to the license holder. Annual fees are calculated on a per acre per year basis. Annual fee information can be found in the most recent version of the Master Rates Bylaw [PDF/560KB].
6. The maximum duration for the license agreements is two consecutive five-year terms, after which reapplication is required.

The license holder does not have exclusive use of the undeveloped road allowance and must allow pedestrian traffic and/or use by farm equipment on adjacent lands.

For questions reach out to questions@rockyview.ca or call 403-230-1401.

Definitions

Grazing means the feeding on living plants by livestock including horses, cattle, sheep, swine, and poultry.

Cultivation means the growing and harvesting of agricultural crops to be harvested for food, fibre or livestock feed, not including cannabis cultivation or cannabis processing.

Existing access means an existing access road, driveway, or trail that:

• Does not meet the County’s Servicing Standards
• Has been constructed in an undeveloped road allowance
• Has been constructed by the landowner or former landowner whose lands border the undeveloped road allowance
• Has been constructed with or without the County’s prior approval
• Is being used by the current landowner to access their lands that border the undeveloped road allowance
• Was constructed prior to the implementation of the County’s Road Licensing Bylaw C-8316-2022 [PDF/350KB], dated January 10, 2023

Closure, Purchase and Permanent Consolidation of Road Allowances

Occasionally, road allowances are on land unsuitable for road construction due to topographical or environmental constraints. Others have never been fully developed for vehicular travel.

Adjacent landowners can make a request for the County to close an undeveloped road allowance for consolidation into their lands by submitting a Road Allowance Purchase application.

Documents to Prepare

1. Road Closure Application Form [PDF/409KB].
2. A current copy of the owner’s certificate of title (searched within 30 days prior to the date of application).
3. The appropriate non-refundable application fee, which can be found in the Master Rates Bylaw under Road Allowances and Closures.
4. If you are not the owner of the land that is next to the road allowance, a letter from the owner authorizing you to apply on their behalf is required.

Purchase Process

1. Pre-application consultation: We recommend that you schedule a pre-application meeting with Engineering Services at 403-230-1401.
2. Application: Submit your application with the necessary forms, fees, and supporting information, which varies depending on the project. The applicant must be adjacent to the road allowance or road plan.
3. Evaluation of application: Engineering Services reviews the application for missing information, evaluates the impact on adjacent properties, considers comments made from circulation to other agencies, and assesses the project’s compliance with the County’s Land Use Bylaw.
4. A Public Hearing date is set: The public hearing date is advertised in the local newspaper for a 14-day period to allow for public comment or concerns.
5. Public Hearing is held: We suggest that you attend the hearing in order to answer any questions that Council may have.
6. Local approval or denial: If Council approves the application, the accompanying bylaw is given first reading. The file is then forwarded to Alberta Transportation. If approved, the file is forwarded to Edmonton for Ministerial approval.
7. Ministerial approval or denial: If the Minister approved the road allowance for purchase bylaw, the bylaw must then go back to Council for second and third readings.
8. Completion: A final fee is paid to the County plus the cost of the purchases land (to be determined by Council — market value) is to be paid. The landowner should hire a surveyor to survey the purchased land to be consolidated with their title. The surveyor then provides the County with a copy of the survey before transfer documentation is completed by the County.

You can also view the full Application Requirements and Road Closure Process [PDF/69KB] document.

For questions reach out to development@rockyview.ca.