Code
of the West
(Updated March 2010)
The
Code of the West was first chronicled by the famous western writer,
Zane Grey.
The men and women were bound by an unwritten code of conduct.
The values of integrity and self-reliance guided their
decisions, actions
and interactions. In keeping with
that spirit, we offer this information to help the citizens of The
Municipal
District of Willow Creek No. 26 who wish to follow in the footsteps of
those
rugged individualists by living outside city limits.
It
is important for you to know that life in the country is different from
life in
the city. Rural Municipalities are
not able to provide the same level of service the urban governments
provide.
To that end, we are providing you with the following information
to help
you make an educated and informed decision when purchasing or
developing rural
land.
The
Alberta Operation Practices Act, Revised Statutes of Alberta 2000,
Chapter A-7,
is legislation designed to protect agriculture operations from nuisance
liability claims where the operators are using generally accepted
practices
are following and any regulations under the Act.
Owning agricultural land means knowing how to care for it.
There
are a few things you need to know:
1.1
– Farmers often work around the clock, especially during planting
and harvest
time. Dairy operators sometimes milk
without stopping and hay is often swathed or baled at night.
It is possible that adjoining agricultural uses can disturb your
peace
and quiet.
1.2
– Land preparation and other operations can cause dust,
especially during
windy and dry weather.
1.3
– Farmers occasionally burn their properties to keep them clean
of debris,
weeds and other obstructions. This
burning creates smoke that you may find objectionable. A
fire permit is required prior to burning. Please contact the
Municipal
District Office for information.
1.4
– Chemicals (mainly fertilizers and herbicides) are often used in
growing
crops. You may be sensitive to these
substances and many people actually have severe allergic reactions.
These chemicals may be applied by airplanes that fly early in
the morning
and late in the evening.
1.5
– Animals and their manure can cause objectionable odors.
What else can we say?
1.6
– Agriculture is an important business in the Municipal District.
If you choose to live among the farms and ranches of our rural
countryside, do not expect the municipal government to intervene in the
normal
day-to-day operations of your agri-business neighbors.
1.7
– Before buying land, you should know if it has noxious or
restricted weeds
that may be expensive to control and that you will be required to
control.
Some plants are poisonous to horses and other livestock, even
though they
are not classified as “noxious” or “restricted.”
Contact the municipal Agriculture Service Board [ASB] for
further
information.
1.8
– Animals can be dangerous. Cattle,
stallions, rams, boars, etc. can attack humans. You need to know that
it is not
safe to enter pens or fields where animals are kept.
1.9
– Dogs harassing livestock can be legally shot. You are
responsible to keep
your animals/pets on your property or under your direct control.
1.10
– If you own livestock, it is your responsibility to fence them
in, not your
neighbor’s responsibility to fence them out.
2.1
- Water, sewer, electric, telephone, and other services may be
unavailable or
may not operate at urban standards. Repairs
can often take much longer than in towns and cities.
2.2
– Telephone communications can be a problem, especially in the
Foothills/Porcupine Hill areas of the municipality.
It may be difficult to obtain another line for fax or computer
modem
uses. Cellular phones will not work
in all areas.
2.3
– Sewer service is not available in the municipality, including
hamlets.
You will need to use an approved septic system or other
treatment
process. The type of soil you have
available for a leach field will be very important in determining the
cost and
function of your system. Standards
are controlled and enforced by the Safety Codes Act.
Percolation tests may be necessary. Check
with an authorized agency. The list
is provided at the Municipal District Office.
2.4
– In most cases, you do not have access to a supply of treated
domestic water
and you will have to locate an alternative supply.
The most common method is use of a water well.
The cost for drilling and pumping can be considerable.
The quality and quantity of well water can vary considerably
from
location to location and from season to season.
It is strongly advised that you research this issue very
carefully
through Alberta Environment.
2.5
– Not all wells can be used for watering of landscaping and/or
livestock.
Licenses from Alberta Environment may be required.
If you have needs other than household, make certain that you
have the
proper approvals before you invest. It
is strongly advised that you research this issue very carefully through
Alberta
Environment.
2.6
– Electric service is generally available to every area of the
municipality.
It is important to determine the proximity to electrical power.
It can be very expensive to extend power lines to your property.
2.7
– It may be necessary to cross property owned by others in order
to extend
electric service to your property in the most efficient manner.
It is important to make sure that the proper easements are in
place to
allow lines to be built to your property.
2.8
– Electric power may be not available in three phase service
configuration.
If you have special power requirements, it is important to know
what
level of service can be provided to your property.
2.9
– Power outages can occur. A loss
of electric power can also interrupt your supply of water from a well.
You may also lose food in freezers or refrigerators and power
outages can
cause problems with computers as well. It
is advisable to be self sufficient for several days if you live in the
country.
2.10
– Trash removal can be much more expensive in rural areas than in
a city.
In some cases, your trash may have to be transported several
miles from
your home. In most cases, your only
option will be to haul your trash to the household waste stations or
the
regional landfill yourself. Recycling
is available at all 5 urban centres within the boundaries of the
municipality. -
see page 7.
2.11
– It is the responsibility of pipeline owners to ensure existing
lines
crossing or on municipal rights-of-way are signed to warn of their
presence.
The Municipal District will not assume any liability or
responsibility
for damages.
2.12
- BEFORE you dig, build, tear down, demolish or otherwise
disturb existing
improvements or ground, call
There
are many issues that can affect your property.
It is important to research these items before purchasing land.
3.1 – Not all lands are buildable. You must check with the Municipal District Development Department to know if a piece of land may be built upon. Development permits are required.
3.2
– Existing easements may require you to allow construction of
roads, power
lines, water lines, sewer lines, etc. across your land.
Check these issues carefully. Make
sure easements are in place to allow utilities and access to be
installed to
your property as well.
3.3
– Fences that separate properties are often misaligned with the
property
lines. A legal survey of the land is
the only way to confirm the location of your property lines.
3.4
– Hamlets and grouped country residential areas may have
restrictive covenants
that limit the use of the property. It
is important to obtain a copy of the covenants (or confirm that there
are none)
and make sure that you can live with those rules.
3.5
– The surrounding properties will probably not remain as they are
indefinitely. The view from your
property may change.
3.6
– You cannot assume that because the water flows across your
property, you can
use it. Check with Water Resources,
Residents
of the country usually experience more problems when the elements and
earth turn
unfriendly. Here are some thoughts
for you to consider.
4.1
– It is your responsibility to prevent fires.
Fire permits are required before burning.
Fire Bans are routinely imposed and enforced.
If a fire starts on your property, you are responsible for
paying for the
cost of extinguishing that fire. Investigate
the impact of this service on your insurance.
For further information, you can contact the Municipal District
Office.
4.2
– Steep slopes can slide in unusually wet weather.
Large rocks can also roll down steep slopes and present a great
danger to
people and property.
4.3
– The topography of the land can tell you where the water will go
in the case
of heavy precipitation. Property
owners may not interfere with a natural drainage course.
When property owners fill in ravines, they have found that the
water that
drained through that ravine now drains through their house.
You may be required to have a geotechnical study conducted
before you can
obtain a development permit and a plumbing permit for a septic system.
4.4
– Nature can provide you with some wonderful neighbors.
Most, such as deer and hawks, are positive additions to the
environment.
However, even “harmless” animals like deer can cross
the road
unexpectedly and cause traffic accidents. Rural
development encroaches on traditional wildlife habitat.
In general, it is best to enjoy wildlife from a distance and
know that if
you do not handle your pets and trash properly, it could cause problems
for you
and the wildlife.
4.5
– The prevailing strong wind is from the southwest and can be
severe anytime
of year.
The
fact that you can drive to your property does not necessarily guarantee
that
you, your guests, and emergency service vehicles can achieve that same
level of
access at all times. Please
consider:
5.1
– Emergency response times (police, fire suppression, medical
care, etc.)
cannot be guaranteed.
5.2
– There can be problems with the legal aspects of access,
especially if you
gain access across property belonging to others.
It is wise to obtain legal advice and understand the easements
that may
be necessary when these types of questions arise.
5.3
– You can experience problems with the maintenance and cost of
maintenance of
your road. The municipality maintains 2200 kilometres (1370 miles) of
roads, but
some rural properties may be served by private and/or public roads.
There are even some municipal roads that are not maintained by
the
municipality – no grading or snow plowing.
There are even some municipal roads that are not maintained by
anyone!
Make sure you know what type of maintenance to expect and who
will
provide that maintenance.
5.4
– Extreme weather conditions can destroy roads.
It is wise to determine the impact of weather on your road.
5.5
– Many roads are considered heavy haul routes. Please be aware
that large
transport vehicles regularly travel many of our roads.
5.6
- Many large construction/transport vehicles cannot navigate small,
narrow roads
and bridges. They are also subject
to bridge restrictions. If you plan
to build, it is prudent to check out construction access.
5.7
– School buses travel on maintained municipal roads that have
been designated
as school bus routes by the school district.
It is prudent to check with the Livingstone Range School
Division to
determine what bus route services your property.
5.8
– In extreme weather, even municipally-maintained roads can
become impassable.
You may need a four wheel drive vehicle to travel during those
episodes,
which could last for several days. If roads are impassable, stay home.
5.9
– Natural disasters, especially floods, can destroy roads.
The municipality will repair and maintain municipal roads;
however,
private roads and private bridges are the responsibility of the
landowners who
use those roads. A dry creek bed can
become a raging torrent and wash out roads, bridges, and culverts.
Residents could be isolated for several days.
Residents served by private roads and/or bridges have been hit
with large
costs for repairs and/or reconstruction after floods.
5.10
– Unpaved roads generate dust. When
requested, the municipality will provide dust suppression at the
expense of
those making the request, but dust is still a fact of life for most
rural
residents.
5.11
– If your road is unpaved, it is highly unlikely that the
municipality will
pave it in the foreseeable future. Check
carefully with the Department of Public Works when any statement is
made by the
seller of any property that indicates any unpaved roads will be paved!
5.12
– Any request for road development shall be in accordance with
municipal road
access policy. Call the Municipal District Office for more information.
5.13
– Unpaved roads are not always smooth and are often slippery when
they are wet
or icy. You will experience an
increase in vehicle maintenance costs when you regularly travel on
rural roads.
5.14
– Maintenance of dust control may be the responsibility of the
landowner.
Please check with the Municipal District Office.
5.15
– Mail delivery is not available to most areas of the
municipality.
Ask the local postmaster to describe the system for your area.
5.16
– Newspaper delivery is similarly not available to most rural
areas.
Check with the newspaper of your choice before assuming you can
get
delivery.
5.17
– Standard parcel and overnight package delivery can be a problem
for those
who live in the country. Confirm
with the service providers as to your status.
Even
though you pay property taxes to the municipality, the amount of tax
collected
does not cover the cost of the services provided to rural residents.
The
amount of taxes an individual landowner pays does not indicate that you
should
expect a higher level of individual service. The municipality attempts
to
provide consistent service levels to all.
This
information is by no means exhaustive. There
are other issues that you may encounter that we have overlooked and we
encourage
you to be vigilant in your duties to explore and examine those things
that could
cause your move to be less than you expect.
We
have offered these comments in the sincere hope that it can help you
enjoy your
decision to reside in the country. It
is not our intent to dissuade you, only inform you.