Permits and Applications

Subdivision and Development Regulation

Enacted in 2002 and amended in 2017, the Subdivision and Development Regulation outlines a number of requirements, procedures, and guidelines for the referral and decision-making process on subdivision applications in Alberta, in addition to the requirements of the MGA. The Subdivision and Development Regulation prescribes the following setback distances:

  • 100 metres from gas and oil wells;
  • 1.5 kilometres from sour gas wells and facilities (depending on the level of the sour gas facility and the intensity of the proposed use);
  • 300 metres from the working area of a wastewater treatment plant;
  • 300 metres from the disposal area of an operating or non-operating landfill, or the working area of an operating storage site; and
  • 450 metres from the working area of an operating landfill, the working or disposal area of a non-operating hazardous waste management facility, or the working area or disposal area of an operating hazardous waste management facility.

An applicant for subdivision or development permit (except when the proposed building is less than 47 square metres) is also required by the Subdivision and Development Regulation to supply information regarding abandoned oil and gas wells on the subject parcel. If an abandoned well is identified during the application process, Alberta Energy Regulator Directive 079 (Surface Development in Proximity to Abandoned Wells) prescribes minimum setbacks and may require the applicant to contact the licensee of record.

Development and Subdivision Application Process

Applying for a Development Permit

Unless exempted by the Land Use Bylaw or other legislation, all developments within the MD of Opportunity require a development permit. Developments that require a development permit include, but are not limited to the following:

  • Any new building or structure;
  • Any structural addition or interior alteration to an existing building;
  • Changes to the use and intensity of the use of an existing building;
  • Changes to the use of vacant land for development; and
  • Signage, except as exempted under the Land Use Bylaw.

A development permit provides legal authorization for a development. Having it protects the property owner or renter/leasee against future legal or transactional issues. Development permits must be obtained prior to undertaking a development. The process of applying for a development permit, including all the documents required, is detailed in the Guide to Applying for a Development Permit. Applicants interested in applying for a development permit are advised to read the guidelines prior to completing an application.

To apply for a development permit, please download and complete the Development Permit Application Form and submit it to the Main Office, or to one of the sub-offices along with the appropriate fee, as established by Council. If the proposed development is not enabled in the district where your site is located, you must first apply for an amendment to the Land Use Bylaw to enable the type of development you want, and if successful, apply for a development permit. To apply for a Land Use Bylaw Amendment, use the Land Use Bylaw Amendment Application Form.

Unless extended by a written agreement between the Development Authority and the applicant, the Development Authority has 40 days to make a decision on a development permit application from the date the applicant is issued a Notice of Decision. To ensure timely processing of applications, it is important for applicants to submit a complete application and to provide any additional information if required by the Development Authority during the review process. Please contact the Development Officer at the main administration office located in Wabasca prior to submitting an application, or if you have any questions about completing the application form.

A development permit may include conditions, such as a requirement to obtain additional permits/licenses from the Municipality and/or external organizations before commencing or operating their development. Permits from external agencies may include building, electrical, plumbing, and gas permits from Superior Safety Codes and/or license from a federal or provincial agency.

In addition to permits and licenses, inspections may also be conducted by provincial authorities or external agencies to verify that the completed development complies with applicable legislation, standards, or conditions of the approved permit or license. These inspections may include safety codes and health inspections.

Applying for a Subdivision

Subdivision is the process of dividing a single parcel of land into two or more parcels, each with a separate Certificate of Title. A registered land or property owner (or their authorized agent) wishing to create two or more lots from a single parcel of land must obtain a subdivision approval prior to subdividing the land. Municipal Planning Services (MPS) is the Subdivision Authority for the MD of Opportunity. Applicants for subdivision can download the application package, which includes Subdivision Application Guidelines and the application form, available on the MPS website.

The MGA, the Subdivision Authority Bylaw (which designates MPS as the subdivision authority for the MD of Opportunity), the Subdivision and Development Regulation, the Land Use Bylaw, and any applicable statutory plans, policies, other bylaws, and standards and regulations guide subdivision planning within the Municipal District of Opportunity.

Subdivision and Development Appeal

Decisions of the Development Authority and Subdivision Authority may be appealed to the Subdivision and Development Appeal Board or to the Municipal Government Board (MGB). The Subdivision and Development Appeal Board deals with appeals regarding development permit decisions, stop orders issued by the Development Authority, and subdivision appeals that are outside of the jurisdiction of the MGB, as per section 687(2) of the MGA. The MGB only hears subdivision appeals where the land that is the subject of the appeal 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 resources;
  • 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 Waste Water Treatment Plant; or
  • 300 metres of the working area of a Non-Hazardous Waste Storage Site.

The Subdivision and Development Appeal Board and the Municipal Government Board are impartial, quasi-judicial bodies that make independent decisions on appeal cases before them, strictly based on the evidence presented to them at a hearing, and in accordance with the MGA, other provincial legislation, municipal appeal bylaw, and any other applicable municipal legislation. The process for appealing a decision of the Development or Subdivision Authority, including the timelines for filing an appeal, are outlined in the Development Permit Applications Guidelines and the Subdivision Application Guidelines, respectively. Anyone wishing to appeal development permit decisions and stop orders must complete the Development Appeal Form and submit it with the appropriate fees to the Subdivision and Development Appeal Board Clerk at the Main Office within 21 days from the date of the decision or order of the Development Authority. The subdivision appeal information is included in the Subdivision Authority’s decision letter.

For more information, please refer to the following Bylaws:

2025-01 Subdivision and Development Appeal Board Bylaw
2020-12 Municipal Development Plan Bylaw
2015-17 Designate Plan 832 1796, Lot 11A to Environmental Reserve Bylaw
1995-11 Amend Improvement District Order 26-93 Bylaw
1995-09 Development Authority Bylaw
1995-08 Subdivision Process Fees Bylaw