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Understanding the Land Purchase Process in Foothills County, Alberta

Purchasing land in Foothills County, Alberta, involves several steps and considerations. Here's a detailed overview of the process:

Understanding the Land Purchase Process in Foothills County, Alberta

1. Finding Land for Sale

Foothills County offers a variety of land types for sale, including options for building, farming, and investment. Prospective buyers can explore these opportunities through real estate agents like Diane Richardson, who provide expert guidance and personalized services. Land for sale in Foothills County Alberta.

2. Legal and Survey Requirements

Before purchasing land, a legal field survey is typically conducted. This involves placing legal survey posts to establish new parcel boundaries. A Plan of Survey is then prepared, detailing the measurements and dimensions of both existing and new parcel boundaries. This step is crucial for ensuring that the land's legal description is accurate and up-to-date.

3. Understanding Land Use and Bylaws

Foothills County has specific land use bylaws that dictate how land can be used. These regulations can affect what you can build or do on your property, so it's important to review them carefully. The county may also issue temporary restrictions or bans, such as fire restrictions or road bans, which can impact land use.

4. Purchase Agreement and Inclusions

When buying land, it's essential to review the purchase agreement thoroughly. This document outlines what is included with the purchase, such as fixtures or chattels (movable items like parked cars or tractors). Understanding these details helps avoid any surprises after the purchase is completed.

5. Additional Considerations

  • Annexation Processes: Be aware of any ongoing annexation processes, as these can affect land ownership and jurisdiction. For example, the City of Calgary has initiated annexation processes for lands within Foothills County, which are regulated under the Municipal Government Act.
  • Landowner Maps: Updated landowner maps are available for purchase, providing valuable information about land ownership and use in the county.

By following these steps and considering these factors, you can navigate the land purchase process in Foothills County more effectively. Engaging with local experts and staying informed about county regulations will further aid in making a successful land investment.

Land & Building Definitions in Foothills County

Understanding key land use and building terminology is essential when purchasing property in Foothills County. These definitions help clarify zoning regulations, development potential, and property characteristics as outlined in the Land Use Bylaw. The definitions below are based on Foothills County Land Use Bylaw 60/2014 and subsequent amendments.

Land Classifications & Zoning

Agricultural District (A): Land designated for agricultural general use, including systems of tillage and animal husbandry for raising crops or livestock. Agricultural general operations typically allow a maximum density of 1 animal unit per 3 acres of land and include buildings and structures incidental to the agricultural operation.

Agricultural (Intensive Use): Systems of tillage and animal husbandry using concentrated methods on land to raise crops or keep livestock, poultry, and other animals for market. This includes intensive livestock operations, swine operations, poultry operations, and vegetative operations that exceed standard agricultural densities.

Country Residential District (CR): Land designated for low-density residential development in rural settings. Minimum parcel sizes and development standards vary by specific district requirements and typically allow single-family homes on larger lots.

Hamlet: Small rural communities within Foothills County with their own development plans and services. Examples include Priddis, Millarville, and DeWinton.

Direct Control District (DC): Special zoning designation for unique properties or developments that don't fit standard land use categories. Specific regulations are determined by municipal council on a site-by-site basis.

Land Use District: Geographic areas within Foothills County assigned specific zoning designations that regulate permitted and discretionary uses, development standards, and building requirements.

Overlay District: Additional regulations that apply on top of the base land use district. Examples include the Flood Hazard Protection Overlay and Airport Protection Overlay, which impose extra requirements for properties in designated areas.

Development & Subdivision Terms

Development: According to the Foothills County Land Use Bylaw, development means an excavation or stockpile; a building or an addition to, replacement, or repair of a building; a change of use of land or building; or a change in the intensity of use of land or a building.

Subdivision: The legal process of dividing a tract or tracts of land for the purpose of creating new titles. Subdivision requires municipal approval and compliance with the Municipal Government Act and local regulations.

Development Agreement: A binding agreement required for certain developments that commits the developer to construct roads, approaches, stormwater management facilities, septic or wastewater systems, install servicing, and pay applicable off-site levies or fees.

Property Characteristics

Parcel: An area of land described in a certificate of title or in a legal description to which a certificate of title would be issued.

Lot: A parcel of land shown on a plan of subdivision registered in a land titles office.

Titled Acreage: Land with individual legal title registered in the Alberta Land Titles system, allowing the owner full rights to develop, sell, or use the property within zoning parameters.

Serviced Land: Property with access to utilities including water, electricity, and waste disposal systems. In rural Foothills County, “servicing” often refers to private systems rather than municipal infrastructure.

Unserviced Land: Raw land without connection to utilities, requiring private well water, septic systems, and potentially alternative energy solutions for development.

Developable Area: The portion of a parcel that is suitable and available for development after accounting for environmental reserves, setbacks, easements, and other restrictions.

Easement: A legal right allowing others (such as utility companies or neighboring property owners) to use a portion of your property for specific purposes, such as utility access, road access, or drainage.

Right-of-Way: A strip of land reserved for public access, utilities, or roadways. This may be a road allowance maintained by the County or Province, or an access route serving multiple properties.

Environmental Reserve: Land designated for environmental protection, including areas prone to flooding, steep slopes, and ecologically sensitive areas. These lands are typically not available for development and may be dedicated to the municipality during subdivision.

Permits & Approvals

Development Permit: Official approval required before constructing, altering, or changing the use of land or buildings. A Development Permit is obtained through Foothills County's Planning and Development Services and ensures compliance with the Land Use Bylaw and applicable statutory plans.

Building Permit: Authorization to construct or renovate structures, ensuring compliance with the Alberta Building Code and local safety standards. A Building Permit is separate from and required in addition to a Development Permit. Building permits are issued through the County's Building and Safety Codes Department.

Permitted Use: Land uses that are automatically allowed in a specific zoning district, provided all bylaw requirements are met. A Development Permit must still be obtained, but approval is generally straightforward if all standards are satisfied.

Discretionary Use: Land uses that may be allowed in a specific zoning district, subject to review and approval by the Development Authority. The Authority may approve, approve with conditions, or refuse discretionary use applications based on various factors including impact on neighboring properties.

Building Standards & Requirements

Principal Building/Dwelling: The main building or residence on a property, typically subject to specific regulations regarding size, setbacks, and height.

Accessory Building: A detached building that is incidental, subordinate, and devoted to the principal building on the lot. Examples include detached garages, workshops, barns, and storage sheds. Accessory buildings have specific size limitations and placement restrictions. Small accessory buildings under 20.8 square meters (224 square feet) may not require a Development Permit in certain districts.

Building Setback: The minimum horizontal distance required between a property line and the nearest portion of any building. Setback requirements vary by land use district and road classification. For example, setbacks from municipal roads may range from 15 meters to 70 meters depending on the specific district and road type.

Building Height: The vertical distance between grade and the highest point of a building, excluding roof stairway entrances, elevator shafts, ventilating fans, skylights, steeples, chimneys, smokestacks, fire walls, parapet walls, flagpoles, or similar devices not structurally essential to the building.

Building Footprint: The total ground coverage or impermeable surface of a building, including covered roof structures, cantilevers, eaves, attached and covered decks, garage space, carports, and porticos. This measurement is used for assessing lot coverage.

Site Coverage/Lot Coverage: The percentage of a lot that may be covered by buildings and structures. Maximum lot coverage varies by land use district but generally does not exceed 60% of the lot area for buildings including accessory structures.

Grade: The average level of finished ground adjoining a building at all exterior walls, or the finished surface of the ground, paving, or sidewalk within the area between the building and the property line.

Residential Dwelling Types

Single-Family Dwelling: A building containing only one dwelling unit intended for occupancy by one household.

Secondary Suite: A self-contained dwelling unit that is subordinate to and located within or attached to a principal dwelling, or located within or attached to an accessory building on the same parcel. Secondary suites must meet specific size, design, and safety requirements as outlined in Section 10.26 of the Land Use Bylaw.

Temporary Dwelling: A mobile home, manufactured home, or recreational vehicle placed on a parcel as temporary accommodation, subject to specific time limitations and approval conditions.

Mobile Home/Manufactured Home: A dwelling that is designed to be transportable and constructed in accordance with CSA Standard Z240 Series.

Agricultural & Equestrian Definitions

Agricultural General: Systems of tillage and animal husbandry involving methods used on large areas of land for raising crops or livestock, where the density does not exceed 1 animal unit per 3 acres of land.

Animal Unit: A standardized measurement used to calculate livestock density. Specific animal unit equivalencies are defined in Section 10.1 of the Land Use Bylaw and vary by animal type.

Equestrian Facility: Property improvements designed for horse keeping and activities, which may include barns, riding arenas, paddocks, training facilities, and related structures.

Arena (Private): A building or structure no more than 1,500 square meters in size where equestrian, athletic, or recreational activities are carried on, intended for use solely by property occupants and no more than four non-resident users per day.

Arena (Limited Public): A building or structure for equestrian, athletic, or recreational activities that generates no more than 16 additional vehicle trips per day or use by no more than 16 non-resident persons per day.

Arena (Commercial): A building or structure for equestrian, athletic, or recreational activities that generates more than 16 vehicle trips per day or use by more than 16 non-resident persons per day. This use typically requires different zoning considerations.

Agricultural Processing and Distribution: The use of land or buildings for upgrading agricultural products for distribution or sale, not including abattoirs or cannabis operations.

Home-Based Business: A commercial activity operated from a residential property, subject to specific restrictions on signage, traffic (business visits), parking, and impact on neighboring properties. Detailed regulations are found in Section 10.12 of the Land Use Bylaw.

Environmental & Natural Features

Riparian Area: Land adjacent to rivers, streams, lakes, or wetlands. Development in riparian areas may be subject to restrictions to protect water quality, wildlife habitat, and ecological function.

Bed and Shore: The bank of a body of water as defined under the Provincial Surveys Act. The bed and shore of permanent water bodies is usually under ownership of the Province of Alberta under the Public Lands Act.

Flood Hazard Area: Land identified as being susceptible to flooding. Properties within the Flood Hazard Protection Overlay are subject to additional regulations and development restrictions.

Environmentally Significant Area: Lands with important ecological features that may require special protection measures, setbacks, or environmental impact assessments prior to development.

Wetland: Areas where water is the primary factor controlling the environment and associated plant and animal life. Wetlands are protected under provincial and federal regulations.

Water & Wastewater Systems

Private Water System: An individual well or water source serving a single property. Private water systems in Alberta require testing and approval and must meet standards set by Alberta Environment and Parks.

Septic System/Private Sewage System: On-site wastewater treatment system for properties without access to municipal sewage services. All septic systems must be designed, installed, and maintained according to the Alberta Private Sewage Systems Standard of Practice and require permits and inspections.

Holding Tank: A watertight receptacle for the retention of sewage, which must be periodically pumped out and disposed of at an approved facility.

Access & Roads

Access Road: Any part of a privately owned property developed for vehicular access directly to and from a municipally or provincially owned right-of-way. Access road development typically requires approval and must meet County standards.

Municipal Road: A road under the jurisdiction of Foothills County, maintained by the County.

Highway: A road under provincial jurisdiction, maintained by Alberta Transportation.

Road Allowance: Public land reserved for roads and highway infrastructure. The County has specific setback requirements from road allowances that vary based on road classification.

Approach: The constructed access point from a municipal or provincial road onto private property, subject to approval and permitting requirements.

Non-Conforming Use & Buildings

Non-Conforming Use: A legal use of land or building that was permitted when established but does not comply with current Land Use Bylaw regulations. Non-conforming uses may continue but are subject to specific limitations under Section 1.8 of the Land Use Bylaw and Section 643 of the Municipal Government Act.

Non-Conforming Building: A building that was legally constructed but does not meet current setback, height, or other requirements. Non-conforming buildings may continue to be used but cannot be enlarged, added to, or structurally altered except to make them conforming or for routine maintenance.

Discontinuance: If a non-conforming use is discontinued for 6 consecutive months or more, any future use of the land or building must conform to the current Land Use Bylaw.

Special Use Considerations

Variance: Permission granted by the Development Authority to vary or relax certain requirements of the Land Use Bylaw, within specified limits. Not all requirements can be varied, and variances are granted based on specific criteria outlined in Section 5.6 of the bylaw.

Conditional Approval: Approval of a Development Permit subject to specific conditions that must be met either before permit issuance or before development commences.

Sub-District “A”: A special designation placed on parcels requiring Development Permit approval prior to Building Permit issuance for all development, due to special considerations such as lot grading, drainage, floodway location, or environmental features.

Important Notes

Development Permit vs. Building Permit: These are separate and distinct requirements. A Development Permit ensures land use compliance, while a Building Permit ensures structural and safety code compliance. Both are typically required for construction projects, and the Development Permit must be approved before a Building Permit can be issued.

Compliance with Multiple Regulations: Property owners must comply not only with the Land Use Bylaw but also with other municipal bylaws, provincial regulations (such as the Safety Codes Act, Alberta Building Code, and environmental legislation), and federal laws where applicable.

Professional Consultation: For complex development proposals, subdivision applications, or questions about specific property regulations, consult with the Foothills County Planning and Development Services Department at 403-652-2341.

Additional Resources

For the most current and complete definitions, regulations, and development requirements, consult the official Foothills County Land Use Bylaw 60/2014 (as amended). Stay informed about bylaw updates and community developments through the Foothills County Facebook page and YouTube Channel.

Note: This glossary is provided for general information purposes only and is based on Foothills County Land Use Bylaw 60/2014 and subsequent amendments current as of December 2025. Definitions and regulations are subject to change. Always consult the official bylaw documents and County staff for authoritative information regarding your specific property and development proposal.

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