A government is a system that exercises authority over an organized community.
It typically consists of a:
Legislature.
Assembly that creates a set of enforceable rules to regulate behaviour (i.e., laws).Executive.
A branch that is responsible for laws and its enforcement.Judiciary.
An institution that interprets, defends and applies the law.
Modern governments are corporate entities formed by a charter or an act. These organizations have elected councils, unelected administrative branches and bylaws.
(i.e., Your government is most likely a corporation).
A bylaw is a set of rules that specifies how an organization regulates itself, which derives its limited authority from a higher governing body.
For example, municipal bylaws derive authority from provincial legislation.
Government forms devolve over time. Each form has a set of ideals that shape its rule.
Some examples:
Rule by law and order.
Rule by honour and duty.
Rule by wealth and markets.
Rule by fear.
Governments often abandon the welfare of the people they were chartered to protect to further political ambitions — the acquisition of power.
The final stage of this devolution cycle is tyranny.
Tyranny in its worse form is totalitarianism, which attempts to dictate all aspects of individual life in coordination with the ambitions of the state or so-called “society.”
Are we seeing legislative changes that increasingly regulate individual behaviour?
A government legislates a geographical region within a border. This region may be subdivided into provinces or states, which may be further divided into local regions.
Land use is the management and modification of a natural environment into a built environment. These built environments may be classified as:
Pasture / range / cropland.
Forest.
Urban.
Commercial / industrial.
Other.
Zoning is a regulatory method used for urban planning within a local region, which establishes a set of bylaws for new development or to regulate certain activities.
For example, industrial development cannot use residential zoned land.
In its most extreme form, zoning may take the form of conditional zoning that allows a local government to tightly control land use activities.
i.e., Permit specific activities only if operated in a particular manner.
This may also be described as a Land Use Bylaw.
Are there problems with increased local regulation?
Canada has three levels of government:
Federal.
Provincial / Territorial.
Local.
Thorhild County is a municipal government located in the central part of northern Alberta, Canada. Like other parts of Alberta, it uses the land use and district terminology when referring to municipal zones and its bylaws.
Under the Municipal Government Act, all municipalities are required to adopt a land use bylaw.
The land use bylaw divides the municipality into districts, prescribes the uses of land and establishes development standards for each district, and provides for a system for issuing development permits.
— Thorhild Council Agenda Feb. 28, 2023, Thorhild County
In 2021, Thorhild County Council decided to rewrite their existing Land Use Bylaw 1194-2015 using the Green Space Alliance consulting firm. Thorhild County sent out a media release, offered an informational open house and invited members of the community to join a mailing list.
A draft of the document Land Use Bylaw 14-2022 was sent out to the community for feedback — see Oct. 27, 2022 final draft.
The new regulations proposed in the rewrite are very concerning!
Unusual regulations.
Subjective language gives discretionary powers to the Development Authority.
Residents were unaware of the proposed Land Use Bylaw 14-2022. It was discovered through a search engine during a permit process. They had only 4 days to alert the community and organized against the proposed changes.
Residents summarized the impact of the rewrite to:
Everyone.
e.g., Subjective language, retroactive non-compliance and enforcement fines.Farms and Ranches.
e.g., Animal restriction, signage specification and agricultural regulation.Acreage.
e.g., Outbuilding, storage and fencing regulations.In Town.
e.g., Landscaping permits, acceptable front yard landscaping, 1 tree and 3 shrubs, etc.
Appendix A provides the list of issues drafted by residents and their impacts.
Consider how such proposal would impact you!
Fortunately on Feb. 2, 2023, at a Special Council meeting, Thorhild County Council defeated the Second Reading for Land Use Bylaw 14-2022.
If you would like to reach out to the residents, please consider the Facebook Group — Alberta Land Use Bylaw Watchdog or send them a message through their website.
In Canada, the existing laws are not on our side.
Although the Canadian Charter of Rights and Freedoms does not expressly protect property rights, such rights are created and are therefore protected by both common law and by statute law — although both can be changed by legislation. Any constitutional guarantee should recognize that property is a social institution that must be constantly remolded.
A great jurist has warned that an absolute right of property would result in the dissolution of society. The importance of this warning can be best illustrated by considering a person who buys a gun. The property rights this person acquires in the gun cannot extend to permission to use the gun in any way. Similarly, landowners should not be permitted to pollute the air and water because this would lessen the enjoyment and property values of adjacent owners, and because of the moral obligation to pass on to succeeding generations a habitable planet. Property rights may therefore be modified to respond to new threats to the environment. There is no preordained harmony between private rights and public welfare; society will always face the dilemma of how to combine the efficient use of resources with effective regulation in the interests of all.
— Property Law, The Canadian Encyclopedia
This is communist language, where “society” controls an individual’s life through totalitarian governance. Individual rights are sacrificed for the so-called “greater good” of society. Idealistic on paper while hellish in reality.
Land Use Bylaws are a gradual push to over-regulate society and force us to depend more on government and corporations. Their vision for us is not pretty.
Are we seeing an attempt to move populations through land use regulation? We can only speculate, but it certainly deserves attention. Consider the EPA’s definition of land use, contaminated land and its possible relationship with the Ohio train derailment disaster.
We know the UN has their eyes set on “sustainable land use.”
By 2030, almost 60 per cent of the world’s population will live in urban areas. It is therefore critical to promote sustainable urban planning in order to optimize the allocation of resources. Sustainable land use provides health benefits (such as reduced pollution) and helps prevent the worst outcomes of natural disasters (through nature-based solutions).
Land – and its proper management – is key to delivering climate-change resilient landscapes and ensuring global temperatures do not rise above 2° C. Improved land use and management, such as low-emissions agriculture, agro-forestry, and ecosystem conservation and restoration could close the remaining emissions gap by 25 percent. It can also reduce the risks posed by climate change and develop the resilience of key sectors such as peatlands as they store more carbon than all other vegetation types combined.
— Sustainable Development Goals, United Nations
Get involved in your local community today and become more aware of changes.
Many people I speak with are unaware of 15-minute cities and Land Use Bylaws.
If you have any more useful resources regarding Land Use Bylaws or related issues, please share them in the comments below for others to see!
Appendix A
This is a copy from Thorhild County Residents website, which summarizes land use bylaw issues and cross references applicable sections in the Oct. 27, 2022 final draft.
Retroactive non-compliance
If your development has a permit and was conforming or did not require a permit before this new Bylaw is enacted BUT is now not conforming with Bylaw standards or needs a permit, it is NOT grandfathered in (like the Provincial Municipal Government Act says it should be) and requires permits and/or adjustments and is subject to enforcement.
(Section 1.4, page 2).
Enforcement
The development authority may stop use and construction of land or buildings, demolish, remove, or replace any structure that contravenes this Bylaw after providing 48 hours notice to enter the property.
Appropriate forms of communication include notices that are provided personally, mailed by regular mail to the last known address, or left at the property with an agent or employee of the owner.
Each day following the receipt of a ticket is considered a separate offence.
Each offence will be NO LESS than $125 plus court costs.
(Part 7, pages 91-94).
Subjective Language
There are over 100 examples of requirements are "to the satisfaction of," "in the opinion of," or "to the discretion of," the Development Authority — and other similar phrases — throughout the whole Bylaw where there are no guidelines or framework to what that opinion, satisfaction, or discretion may be.
This could include "unsightly" colours or designs.
(Entire Bylaw).
Fencing
Barbed wired fence requires a permit. Combined with enforcement, this is all existing barbed wire and any future barbed wire fencing.
Fence height maximum measurements (including and berms or structures the fence is built on and any privacy fencing/screening) for side and rear portions is 6.5 feet (2.0m) and front yard height is 3.3 feet (1.0m).
(Section 9.4, pages 106-107).
Outbuildings and Storage
Accessory buildings can only account for 3.5% lot coverage, to a maximum of 4000 square feet. Largest accessory building allowed is 2500 square feet.
Accessory buildings are limited to 6m (19.7ft) in height.
There must be 7.9 feet minimum between a principle building and any accessory buildings.
All accessory buildings must be behind the front line of the principle building.
1 to 4.9 Acres: Maximum ONE 40-foot shipping containers, or TWO 20-foot containers.
5 to 9.9 Acres: Maximum TWO 40-foot shipping containers, or FOUR 20-foot containers.
(Section 2.2.3, page 14-16, Section 9.5, page 108, Section 10.2.1, page 138, Section 10.7, pages 174-176).
Signage
You cannot erect, relocate, or alter a sign without an approved permit. This could include business signs and family name signs/ rocks/ placards at the end of your driveway.
Quality and appearance of the sign is to be "to the satisfaction" of the development authority - meaning, if they don't like it, you have to remove it.
(Section 9.10, page 118).
Animals and Chickens
Enclosures of ALL sizes (fences, buildings, even pails, etc.) used by chickens are required to have a permit. Farm or not. The Bylaw directs us to the "Urban Hen Bylaw" which does not exist and was voted AGAINST in January 2020, and the "Animal Control Bylaw," which only regulates dogs in the county.
Lots from 5 to 15 acres have a maximum number of animals as designated "per County Bylaw." This is another document that does not exist to regulate animals other than dogs.
Chickens.
(Section 10.1.1, page 11, Section 4.1.5(a)ii, page 61).Hen Enclosure.
(Definition, page 202).Animals.
(Section 2.15(m), page 11).
Open Water
Any water deeper than 1.9 feet is required to be fenced off and requires a development permit. This could include rain barrel(s)!
(Section 9.8.3 (f), page 112).
Dwellings and Lots
Maximum 2 dwellings per lot at the "discretion of" the Development Authority.
Maximum 4 lots per quarter section.
(Section 2.1, page 7, Section 9.5, page 108, Section 10.2.1, page 138).
Architecture, Projections Above Grade, and Appearance
Chimneys: maximum 3.9 feet (1.2m)
Canopies, Porches, Stoops, Steps: Front yards - maximum height 8.2ft (2.5m). Side yards - maximum 3.9ft (1.2m)
Decks: MAXIMUM height: 9.8ft (3.0m). Any taller than 2ft (0.6m) requires a permit. All decks fall under lot coverage requirements.
Balconies: Maximum 4.9ft (1.5m) projection
Design of your buildings and structures may be at the discretion (again) of the Development Authority
Non-agricultural use buildings (like houses, garages, sheds, etc.) maximum height: 10m (32.8ft)
(Section 9.6, pages 108-109, Section 9.7, page 109).
Alternative Energy
No ground-mounted solar permitted in front yards.
Ground-mounted solar require a permit.
Roof-mounted solar requires a permit if the total height of the building and solar panels exceeds the allowed building height (6m or 10m).
Wind-powered systems must be finished in matte, non-reflective finish and at the discretion of the Development Authority.
No lettering, symbols, or advertising is permitted on wind-powered towers or blades (except manufacturer and owner identification, which are also at the discretion of the Development Authority).
(Section 10.6.2 and 10.6.3, pages 171-173).
Farms and Ranches — Summary
ALL barbed wire requires a permit.
No chickens without a permit for their fences, runs, shelters - anything they use as an "enclosure" of ANY size.
Acreages (Country Residential, up to 10 acres) — Summary
NO exotic animal husbandry, apiaries (no bees), nurseries, commercial greenhouses, market gardens (no U-picks), small-scale poultry, and pork operations.
NO crop or livestock production.
NO equestrian facilities.
NO agricultural processing: meat, seed, cannabis or "other similar" (we don't know exactly what "other" means - there is no attached definition).
NO equestrian facilities.
All buildings are allowed 4000 square feet coverage maximum. Largest accessory building is 2500 square feet and 6m (19.7ft) tall.
Front yard landscaping: 2 deciduous trees, 2 coniferous trees, 10 shrubs (5 coniferous, 5 deciduous). Fruit trees not permitted.
Acceptable front yard landscaping includes vegetable gardens, rock gardens, manicured lawns, ornamental plants, and xeriscapes (little to no water required).
In Town — Summary
Parking spots allowed only in front yard, no back yard parking spots.
All buildings are allowed 4000 square feet coverage maximum. Largest accessory building is 2500 square feet and 6m (19.7ft) tall.
Front yard landscaping: 1 tree, 3 shrubs. Fruit Trees are not permitted.
Acceptable front yard landscaping includes vegetable gardens, rock gardens, manicured lawns, ornamental plants, and xeriscapes (little to no water required).
Maximum lot coverage by all buildings is 40%. Accessory buildings are allowed 15% coverage maximum.
They are trying to outlaw bee keeping when there is a world wide bee die off? WTF?
Canada sounds like hell on Earth. Do you ever think of leaving?