At the January meeting, Council was presented with an application for a licence agreement for the undeveloped road allowance located between NE 22-57-10-W4 and NW 23-57-10-W4 for agricultural purposes. The adjacent landowner signed the consent on the application form. David Thomson rents his land to Ron Jean who would like to brush part of the road allowance so he can cultivate and farm it. He is already farming part of the road allowance.
Council made a motion to table the request for a legal opinion about brushing the road allowance and by allowing the landowner to brush the road allowance, does it change from undeveloped to developed?
Administration received a legal opinion stating that brushing on the road allowance portion would not trigger any additional responsibility for the County and would not make the road allowance developed in any way. Once the County has entered into an agreement with the proposed licensee, the County will have documentation that the brushing is being done strictly to aid with cultivation of the land and not for any transportation purpose.
The County, under Section 18 of the M.G.A. has the direction, control and management of all roads within the municipality. Under Section 16 of the Highway Traffic Act, a municipality may grant a licence for the use of a road allowance.
After first reading the bylaw must be advertised.