Environmental Reserves and Environmental Reserve Easements
A discussion of regulatory context and application
The Issue / Idea
Environmental Reserves and Environmental Reserve Easements are regulatory tools used during subdivision for various environmental and safety purposes. How the legislation is framed and interpreted by municipalities will direct how ER and ERE are used.
Alberta’s Municipal Government Act sets out a variety of powers for municipalities to safely and sustainably plan and develop land. Among these is the power to reserve lands. This report takes an in-depth look at one such reserve, the Environmental Reserve (ER), along with its counterpart the Environmental Reserve Easement (ERE).
An ER is land that is transferred from the landowner to the municipality in the subdivision process, for one or more applicable reasons. An ERE is another form of ER that gives an interest in the land to the municipality while permitting ownership to stay with the landowner. Both ER and ERE are important planning tools that can help municipalities “foster the well-being of the environment” by preserving natural features of land and preventing water pollution, as well as permit public access to water bodies and prevent development in unsafe or unstable areas. This report aims to promote the effective use of ER and ERE by explaining when they apply, how they are implemented and how they are enforced.
Report: Municipal Management of Industrial Development
This project was undertaken by
The Environmental Law Centre
Max Bell Foundation