Knowledge Base

What is a Development Permit?

A Development Permit is a document which authorizes a specific development and may include conditions to ensure that the development complies with the County's Land Use Bylaw. The issuance and approval of a Development Permit is proof that the development conforms to the applicable development standards (e.g. height restrictions, minimum setback distances, maximum lot coverage, etc.), and that the propsoed use of the land is permissable. A Development Permit is seperate and distinct from a Building Permit, which evaluates the structure to ensure tat it coforms to the relevant provisions of the Safety Codes Act. A landowner is required to obtain a Development Permit before they can apply for a Building Permit. 

When is a Development Permit required?

A Development Permit is typically required prior to any development ocurring, and includes any construction (including new construction, additions to existing buildings/structures, and structural renovations) and for any change in use, or intensity of use, of land or any existing building/structure. 

Development includes the following:

• The carrying out of any construction or excavation, or other operations, in, on, over or under land;
• The making of any change in the use of the intensity of use of any land, buildings or premises, and, without restricting the generality of the foregoing, includes the removal and/or placement of topsoil;
• In a building or on a parcel used for dwelling purposes, any increase in the number of families occupying and living in the building or on the parcel; and any alteration or additions which provide for an increase in the number of dwelling units within the building or on the parcel;
• The placing of refuse or waste material on any land;
• An excavation or stockpile and the creation of either of them;
• A building or an addition to, or replacement or repair of a building and the construction or placing of any of them in, on, over or under land;
• The resumption of the use for which land or buildings had previously been utilized;
• The use of the land for the storage or repair of motor vehicles or other machinery or equipment;
• The more frequent or intensive use of land for the parking of trailers, bunkhouses, portable dwellings, skid shacks or any other type of portable building whatsoever whether or not the same has been placed or affixed to the land in any way;
• The placement of an already constructed or partially constructed building on a parcel of land; and
• The erection of signs and fences.

When is a Development Permit not required?

The following works and activities do not require a Development Permit:

• Works of improvement, maintenance or renovation to any building provided that such works do not include structural alterations or additions;
• The erection or placement of a temporary building or sing, the sole purpose of which is incidental to the erection of a building for which a Development Permit has been granted, provided that the temporary building is removed within thirty (30) days of substantial completion or as determined by the Development Authority;
• The installation, maintenance or repair of public works, services and utilities carried out by or on behalf of the Crown, federal, provincial and municipal public authorities on land that is publicly-owned or controlled. This excludes private development on Crown land or on land that is publicly-owned or controlled;
• Advertisement or signs in relation to the function of Local Authorities, Utility Boards or other public or quasi-public bodies;
• An accessory building or structure with a gross floor area of under 18.0 square meters (193.8 square feet), and that meets the minimum required yard setback requirements;
• Signs posted or exhibited in a building;
• Sign posted in or on an operating motor vehilce if the vehicle is not temporarily or permanently parked soley for the purpose of displaying the sign;
• A statutory or official notice of Smoky Lake County;
• Traffic signs authorized by Smoky Lake County and/or Alberta provincial authorities;
• A sign exhibited solely to identify the land or building on which it is displayed, or to direct visitors to a specific occupant of a building, if the sign does not exceed 0.19 square meters (2.0 square feet) in area and conforms will all other bylaws and regulations affecting such signs;
• Temporary advertisements relating to the sale of goods or livestock, the carrying out of building or similar work, announcement of any local event of a religious, educational, cultural, political, or similar character not exceeding 2.97 square meters (32.0 square feet) provided that all such temporary advertisements shall be removed by the advertiser within fifteen (15) days of the completion of the event or works to which such advertisement relates:
• A maximum of two (2) tgemporary signs relating to the sale, lease or rental of a building or parcel on which the building is located provided that they do not constitute a hazard to persons using the public road or reduce the amenities of an adjacent parcel and provided that all such temporary signs shall be removed by the advertiser within fifteen (15) days of the completion of the event or works to which such advertisement relates;
• The erection of campaign signs for federal, provincial, municipal or school board elections on privately-owned lots for no more than thirty (30) days, or such time as regulated under provincial or federal legislation provided that:
  • such signs are removed within seven (7) days after the election date;
  • the consent of the property owner is obtained;
  • such signs do not obstruct or impair vision or traffic; and
  • such signs are not attached to fences, trees, or utility poles; and such signs
    indicate the name and address of the sponsor and the person responsible for
    removal;
• Signs for the purpose of identification, direction and warning or relating to a person, partnership or company carrying on a profession, business or trade, or relating to an institution of a religious, educational, cultural, recreational or similar character or to a residential hotel, apartment block, club or similar institution, not exceeding 1.1 square meters (12.0 square feet) which are:
  • not illuminated; and
  • limited to one (1) sign per parcel;
• The erection or placement of a satellite dish less than 1.0 meter (3.3 feet) in diameter;
• The construction of a private driveway;
• Subdivision entrance signs which were identified within a development agreement and developed as part of the approval of a subdivision application;
• Fences in the Agriculture District(s);
• The erection or construction of gates, fences, walls or other means of enclosure less than 1.0 meter (3.3 feet) in height in a front yard and less than 2.0 meters (6.6 feet) in side and rear yards. This includes the erection or construction of gates, fences, walls or other enclosures less than 1.0 meter (3.3 feet) within 6.0 meters (20.0 feet) of the intersection of lanes, streets or a street and lane. The erection of any enclosures (fences, gates, walls) greater in height than figures alluded to in this section shall not be permitted unless a development permit is applied for and issued;
• Landscaping where the proposed grades will not adversely affect the subject or adjacent parcels of land, including the hard-surfacing of part of a lot for the purposes of providing vehicular access from a road to an attached or detached garage or carport, provided that such hard-surfacing does not exceed 7.5 meters (24.6 feet) in width, on parcels of land under 4,645.2 square meters (50,000 square feet);
• An unenclosed patio that meets the minimum setback distance requirements in the applicable land use district;
• Development within a basement which does not change or add to the uses within a
  dwelling;
• A trappers’ cabins on Crown Land;
• The erection or placement of a Communication Antenna Facility;
• The repair or replacement of a building that is destroyed by an act of God or fire providing:
  • the original building was not a non-conforming use;
  • the original building was a permitted use; and
  • the replacement building will be located in the same location, same size and footprint used for the same purposes as the original.
• On parcels of land exceeding 32.38 ha (80.0 ac.), used for extensive agricultural purposes:
  • the carrying out of construction, excavation or other operations requisite for the continued use of that land for extensive agricultural purposes including:
    • the planting of shelter belts or trees;
    • the construction of water wells; and the construction of farm buildings provided that the landowner certifies, in a form acceptable to the Development Authority, that the development shall be used for extensive agricultural purposes. However, the foregoing shall not apply to any building or other structure, other than a fence, to be erected within 38.1 meters (125.0 feet) of the centreline of any surveyed municipal road right-of-way or closer than the setback requirements established in applicable land use district, nor to the development of any dwelling or garage; nor within 121.9 meters (400.0 feet) of a river, stream, creek, or lake;
  • a minor home occupation;
  • the development of land for a Confined Feeding Operation or a manure storage facility within the meaning of the Agricultural Operation Practices Act if the Confined Feeding Operation or the manure storage facility is the subject of an approval, registration or authorization under the Agricultural Operation Practices Act;
  • personal use of tennis courts and above ground swimming pools or hot tubs, where there is an existing permanent dwelling;
  • activities and uses associated with temporary oil and gas exploration as per the Municipal Government Act; or
  • the demolition or removal of any building or structure;
• On parcels larger than 0.8 ha (2.0 ac) in area in the Agriculture (AG) District and the Victoria Agriculture (A1) District, the placement of up to a maximum of two (2) shipping containers.
  

Who can apply for a Development Permit?

The registered owner(s) of a parcel of land or an authorized agent acting on the landowner(s) behalf may apply for a Development Permit. The application will require sgnautes from all registered owners and/or the agent acting on behlaf of a landowner.

How long does it take to obtain a Development Permit?

According to the Municipal Government Act, the Development Authority must, within 20 days of the receipt of a Development Permit application, acknoledge in writing, whether the application is deemed complete. The Development Authority them must make a decision on the Development Permit within 40 days of the applicaiton being deemed complete.  

How long is a Development Permit valid for?

Work approved under a Devevlopment Permit must commence within 1-year of the date of issuance and must be completed within 5-years of the date of issuance. 

Is there a difference between a Development Permit and a Building Permit?

Yes. A Development Permit deals with municipal bylaw requirements such as land use districting, use of land and any restrictions on the type of builidng constructed. 

A Building Permit ensures that construction projects comply with the requirements of the Alberta Building Code and the Safety Codes Act. Various inspections are conducted during the Building Permit process to ensure compliance with the Code and the Act. Other Safety Codes Act Permits (Plumbing, Electrical, Gas and Private Sewage) are also required, where applicable. Please contact the County's Safety Codes Act contractors The Inspections Group Inc. at 780-454-5048 or questions@inspectionsgroup.com for more information.

What other permits do I require?

Electrical, Plumbing, Gas and Private Sewage Permits may also be required. These Permits are issued by the County's Safety Codes Act contractors The Inspections Group Inc. at 780-454-5048 or questions@inspectionsgroup.com for more information.