Alberta Regulation 203/2024, titled the Electric Energy Land Use and Visual Assessment Regulation, was introduced under the Alberta Utilities Commission Act. This regulation governs land use and visual impact considerations associated with the construction and operation of wind and solar power plants in Alberta. It aims to balance renewable energy development with agricultural productivity, visual aesthetics, and regulatory compliance. Key provisions outline definitions, applicability, and requirements for assessments related to land use, productivity, and visual impacts. Additionally, the regulation specifies zones with particular restrictions and stipulates expiry provisions to ensure periodic review.

The regulation defines several critical terms. For instance, an “agricultural impact assessment” evaluates how wind or solar power plants might affect agricultural productivity and proposes coexistence strategies. “Buffer zones” and “visual impact assessment zones” are designated areas where development must comply with specific restrictions to mitigate adverse effects. “High-quality agricultural land” is classified based on the Land Suitability Rating System (LSRS), emphasizing the need to protect productive agricultural areas. Visual impact assessments focus on changes to the scenic qualities of landscapes due to new energy infrastructure.

The regulation applies to most power plant applications under AUC Rule 007 but exempts small, isolated, and micro-generation units, as well as projects on Indigenous reserves and modifications to existing plants. Compliance with other federal, provincial, and municipal laws is mandatory, ensuring that this regulation supplements rather than overrides existing legal frameworks.

A critical aspect is the requirement for agricultural impact assessments when wind or solar projects are proposed on high-quality agricultural land. Applicants must demonstrate the potential effects on agricultural productivity and outline measures for coexistence between renewable energy development and agricultural operations. Additionally, power plant owners on such lands must submit reports within 36 months of operation, confirming agricultural productivity remains intact, following the Alberta Utilities Commission’s (AUC) rules.

The regulation designates specific buffer zones and visual impact assessment zones to manage land use and aesthetic considerations. Within these zones, applicants for power plant development must provide detailed visual impact assessments. These include evaluations of expected visual changes, visual simulations from key vantage points, and mitigation strategies to minimize adverse effects. Notably, wind power plants are prohibited within buffer zones to safeguard these areas from visual and functional disruptions.

By integrating these measures, the regulation strives to harmonize the growth of Alberta’s renewable energy sector with the preservation of agricultural productivity and visual integrity of landscapes.

Alberta Locations (203/2024) December 28, 2024