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Bylaws Career Opportunities Contact Us Council Packages & Minutes Development in the Crowsnest Pass Forms Garbage Pick-Up Zones & Alerts Geographic Information System (GIS) Public Hearing Notifications Pass Powderkeg Ski Area Recreation Calendar Report a Bylaw Complaint

Subdivision and Development Appeals

Historical Subdivision and Development Appeal Decisions

Appealing a Decision

What can be appealed?

Who can file an appeal?

Development permit - approval, refusal or conditions of approval
  • The Development Permit applicant
  • Citizen or group that feels they are impacted by the decision
  • And adjacent landowner for a variance or discretionary use (a development permit for a use that is listed as a permitted use in a district typically cannot be appealed by an adjacent landowner)

Enforcement order or "stop order"
  • The person to whom the stop order was issued (typically the landowner)

Subdivision or conditions of subdivision
  • The applicant
  • Government department to which subdivision was referred
  • School board if an application is related to school reserve land
  • (Adjacent landowners cannot appeal a subdivision approval)

How do I file my appeal?

You will have to file your appeal either with the Municipality's Subdivision and Development Appeal Board (SDAB) or with the Province's Land and Property Rights Tribunal.

The Land and Property Rights Tribunal (formerly Municipal Government Board) hears subdivision and development appeals where there is a provincial interest. Otherwise, the appeals are heard by the Municipality's SDAB.

The Tribunal hears appeals Subdivision Authority decisions where the land that is the subject of the application is:

  • within Alberta’s Green Area
  • 'adjacent' to or contains a body of water
    • 'adjacent' means contiguous or would be contiguous if not for a railway, road, utility right of way, or reserve land
  • adjacent to or contains (either partially or wholly) land identified on the Listing of Historic Resources or public land set aside for use as historic resource
  • the subject of a license, permit, approval or other authorization granted by the Natural Resources Conservation Board, Energy Resources Conservation Board, Alberta Energy Regulator, Alberta Energy and Utilities Board or Alberta Utilities Commission
  • the subject of a license, permit, approval or other authorization granted by the Minister of Environment and Protected Areas
  • within the following distances:
    • 1600 metres of a provincial highway
    • 450 metres of a hazardous waste management facility
    • 450 metres of the working area of an operating landfill
    • 300 metres of the disposal area of any landfill
    • 300 metres of a wastewater treatment plant
    • 300 metres of the working area of a non-hazardous waste storage site

Some of these distances may be varied in writing by a provincial government department, in which case the SDAB will hear the appeal.

The Tribunal also hears appeals of development authority decisions where the land that is the subject of the application is:

  • the subject of a license, permit, approval or other authorization granted by the Natural Resources Conservation Board, Energy Resources Conservation Board, Alberta Energy Regulator, Alberta Energy and Utilities Board or Alberta Utilities Commission
  • the subject of a license, permit, approval or other authorization granted by the Minister of Environment and Protected Areas

If none of these conditions are met, you will file your appeal with the Municipality's SDAB.

SDAB Appeal Form

Land and Property Rights Tribunal Appeal Form

Subdivision and Development Appeal Board

Just like in the courts, decisions on subdivisions and certain development permits can be appealed to the Subdivision & Development Appeal Board (SDAB). The Subdivision and Development Appeal Board (SDAB) is authorized to render decisions on appeals resulting from decisions that were made by the Subdivision Authority and the Development Authority in accordance with the Land Use Bylaw, provincial land use policies and statutory plans.  The Subdivision and Development Appeal Board meets as needed when there is an appeal.   The Subdivision and Development Appeal Board is made up of four members of the community and one member from Council. 

The SDAB hears and determines appeals for:

  • Decisions of the Development Authority
  • Decisions of the Subdivision Authority, and
  • Stop Orders issued by the Development Authority

To file an appeal with the Subdivision and Development Authority, go to https://portal.laserfiche.ca/o8468/forms/Development_Appeal

Land and Property Rights Tribunal

The Land and Property Rights Tribunal (formerly Municipal Government Board) hears subdivision and development appeals where there is a provincial interest. Otherwise, the appeals are heard by the local Subdivision and Development Appeal Board (SDAB).

To file an appeal with the Land and Property Rights Tribunal, go to https://www.alberta.ca/subdivision-appeals.aspx