Highlights from FDR meeting with Minister of Municipal Affairs

On June 14, CRCAG met with Honourable Shaye Anderson – Minister of Municipal Affairs (MA) to discuss the pending Floodway Development Regulation (FDR). Meeting notes below, vetted by his office.

Representatives of your CRCAG Team recently spoke directly with the Honourable Shaye Anderson – Minister of Municipal Affairs (MA), and representatives of the Ministry, to discuss the pending Floodway Development Regulation (FDR).

Here are the highlights of our call:

Discussion on:

1. Current status of the development of the FDR;
2. Land Titles Caveats on Disaster Recovery Program (DRP) properties.

Update provided from the Ministry

• Issuance of the FDR is not imminent at this time;
• MA focus is currently on allowing the Ministry of Alberta Environment and Parks (AEP) to finish floodway mapping for Alberta;
• A detailed draft of FDR is not in place. At this time the MA has only a conceptual framework on FDR. 
• Once regulatory development is complete,    Municipal Affairs is considering  posting   a draft floodway development regulation for 60 days  of public and stakeholder comment before Cabinet approval. ;
• CRCAG expressed concerns about potential impacts on, market valuations, bank financing and insurance in the event the maps are published without any guidance or clarity on what the maps represent for policy – for example if the mapping of the floodway and flood fringe increase substantially, bank financing, insurance premiums and market valuations could be immediately negatively impacted if there is no clarity on what the maps represent from a development or renovation perspective;
• The merits of public disclosure of the mapping in advance of FDR or the mapping in conjunction with guiding FDR concepts were discussed – MA will have more discussions with AEP before making a determination on their approach;
• CRCAG enquired whether either an FDR exemption (similar to Drumheller and Fort McMurray) would be considered or a SPA (Special Policy Area) designation will apply to the Calgary floodway and flood fringe. Further, will the new flood mapping take in account protection from proposed upstream mitigation;
• MA is considering a SPA for areas protected by upstream mitigation for Calgary while also wanting to strike consistency across the Province – there have been no decisions made at this time.  As the new maps are completed,  MA and AEP will work together on a plan;
• CRCAG enquired to know if Alberta is still considering to place caveats on land title documents for properties in the floodway or flood fringe which received DRP funding, as a means to limit eligibility for future potential DPR funding relating to flooding. CRCAG expressed concerns on its belief that the use of caveats for this purpose is inconsistent with the intent of caveats as set out in the Land Titles Act and that singling out flood victims relative to all other DRP eligible cases (forest fire’s etc.) is nonsensical. Our concern of significant potential impact on land property values, bank financing and insurance could be potentially more financially damaging to flood victims than the flood itself.
• MA would take CRCAG’s feedback into consideration.