Calgary International Airport Vicinity Protection Area Regulation

(Consolidated up to 76/2026) ALBERTA REGULATION 177/2009 Municipal Government Act CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION AREA REGULATION Table of Contents 1 Definitions 2 Protection Area established 3 Subdivision approval and development permits relating to land in Protection Area 4 Continuation of validity of pre‑existing approvals 5 Acoustical requirements 6 Duty of municipality 7 Amendment to Regulation 8 Repeal 8.1 Expiry Schedules Definitions 1 In this Regulation, (a) “airport lands” means lands owned by the Crown in right of Canada and managed and operated as an airport by the Airport Operator pursuant to the Regional Airports Authorities Act ; (b) “Airport Operator” means The Calgary Airport Authority established as a corporation under the Regional Airports Authorities Act , or a successor to that corporation; (c) “development permit” means an authorization to develop land under one of the following: (i) where the land is in The City of Calgary, The City of Calgary Land Use Bylaw No. 1P2007, as amended from time to time; (ii) where land is in Rocky View County, Rocky View County Land Use Bylaw No. C‑4841‑97, as amended from time to time; (iii) repealed AR 163/2021 s2; (iv) where a building permit authorizes the construction or placing of a building on land in any of the municipalities referred to in subclause (i) or (ii), or an addition to or replacement or repair of that improvement, a building permit; (d) “municipality” means any of the following: (i) The City of Calgary; (ii) Rocky View County; (iii) repealed AR 163/2021 s2; (e) “NEF Area” or “noise exposure forecast area” means the area of land that (i) is enclosed by NEF contour 40, excluding the airport lands, (ii) lies between NEF contours 35 and 40, excluding the airport lands, (iii) lies between NEF contours 30 and 35, excluding the airport lands, (iv) lies between NEF contours 25 and 30, or (v) lies between NEF contour 25 and the boundary of the Protection Area as shown on the map in Schedule 2; (f) “NEF contour” or “noise exposure forecast contour” means a numbered line shown on the map in Schedule 2 that indicates a boundary of a NEF Area; (g) “noise exposure forecast” means a system comprised of a standardized format for forecasted aircraft movement inputs, a computer model and associated land use compatibility tables, which together have been approved by Transport Canada to provide an airport operator means to generate NEF contours that can be used by land use planning authorities to develop compatible land use decisions around an airport; (h) “prohibited use” means a use of land that is prohibited under Schedule 3; (i) “Protection Area” means the Calgary International Airport Vicinity Protection Area established under section 2. (j) “secondary suite” means a self-contained dwelling basement suite that is part of an existing building, meets the building code requirements of a secondary suite and has separate living, cooking, sleeping and bathroom facilities. AR 177/2009 s1;71/2014;186/2017;163/2021 Protection Area established 2 (1) The lands described in Schedule 1 and shown on the map in Schedule 2 are hereby established as the Calgary International Airport Vicinity Protection Area. (2) If any discrepancy exists between the description of the lands in Schedule 1 and the location of the lands on the map in Schedule 2, the description in Schedule 1 prevails. (3) The Protection Area does not include the airport lands. Subdivision approval and development permits relating to land in Protection Area 3 (1) No subdivision or development of any kind may be undertaken on land in the Protection Area unless subdivision approval is given or a development permit is issued, as the case may be, by the municipality in which the land is located. (2) A municipality that receives (a) an application for the subdivision of land in the Protection Area, or (b) an application for a development permit relating to land in the Protection Area must, in addition to complying with Part 17 of the Municipal Government Act , comply with this Regulation. (3) Subject to section 4, no subdivision approval may be given and no development permit may be issued by a municipality relating to land in the Protection Area if the proposed use of that land is a prohibited use, with the exception of a development permit for a secondary suite in an existing single family development. (4) This section does not apply to a minor development of land in the Protection Area (a) that will not result in a change in the use of the land, or (b) that is exempt under any one of the authorities listed in section 1(c) from the requirement to obtain a development permit. AR 177/2009 s3;186/2017 Continuation of validity of pre‑existing approvals 4 (1) If, before the coming into force of this Regulation, a municipality approved a subdivision or issued a development permit relating to land in the Protection Area and the use approved for the land or an improvement to the land immediately before the coming into force of this Regulation was a permitted or prohibited use, the approval of the subdivision or the development permit, as the case may be, continues to be valid after the coming into force of this Regulation. (2) No extension, addition or enlargement may be made to an improvement that is prohibited under this Regulation except in accordance with subsection (3). (3) An improvement used for a residence or school may be extended, added to or enlarged if the portion of the improvement so extended, added to or enlarged (a) is located in a NEF Area described in section 1(e)(i), (ii) or (iii), (b) complies with the acoustical requirements set out in the Alberta Building Code, and (c) is entirely located on a parcel of land that existed immediately before the coming into force of this Regulation. (4) Where the use of an improvement continues to be valid after the coming into force of this Regulation under subsection (1) and the improvement is destroyed or demolished, the improvement may be replaced and may continue to be used for the prohibited use if the portion so replaced complies with the acoustical requirements set out in the Alberta Building Code. (5) The replacement of a residential improvement under subsection (4) (a) is limited to the number of residential units destroyed or demolished, and (b) must be built on a lot in a subdivision plan registered under the Land Titles Act before the coming into force of this Regulation. Acoustical requirements 5 (1) All buildings constructed on land in the Protection Area after this Regulation comes into force must comply with the acoustical requirements set out in the Alberta Building Code that are in force at the time the development permit relating to the building is issued. (2) For the purpose of establishing the acoustic insulation factor under the Alberta Building Code, the NEF contour for a building is (a) the highest numbered NEF contour for the NEF Area in which the building is located, or (b) if the building is located in 2 NEF Areas, the highest numbered NEF contour for the higher numbered NEF Area. Duty of municipality 6 (1) A municipality must refer a copy of any application it receives for a subdivision of land or a development permit relating to land in the Protection Area in a NEF Area of 30 or more, where the use of the land will change as a result of the application being approved, to the Airport Operator. (2) Before adopting a statutory plan or land use bylaw, or an amendment of either, that relates to land in the Protection Area, a municipality must refer the statutory plan or land use bylaw, or the amendment, to the Airport Operator. AR 177/2009 s6;163/2021 Amendment to Regulation 7 (1) Where a municipality applies to the Minister for an amendment to this Regulation, the application must include a resolution of the council that the council supports the proposed amendment. (2) An application under subsection (1) must not be considered by the Minister unless the Minister is satisfied that reasonable consultation in respect of the proposed amendment has taken place with any affected municipality and landowners, the Airport Operator and the general public. AR 177/2009 s7;186/2017 Repeal 8 The Calgary International Airport Vicinity Protection Area Regulation (AR 318/79) is repealed. Expiry 8.1 For the purposes of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2031. AR 163/2021 s4;76/2026 9 Repealed AR 186/2017 s5. Schedule 1 Calgary International Airport Vicinity Protection Area The Calgary International Airport Vicinity Protection Area consists of the lands described in this Schedule, but does not include the airport lands. In township 24, range 29, west of the 4th meridian: Northeast quarter of section 4; Sections 9, 16 and 21; West half of section 22; West half of section 27; Sections 28 and 33; Southwest quarter and north half of section 34. In township 25, range 29, west of the 4th meridian: Southwest quarter of section 2; Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, 28 and 33; Southeast quarter and west half of section 34. In township 26, range 29, west of the 4th meridian: West half of section 3; Sections 4 and 9; Southwest quarter and east half of section 16; Southeast quarter of section 21. In township 23, range 1, west of the 5th meridian: Northwest quarter of section 36. In township 24, range 1, west of the 5th meridian: West half of section 1; East half of section 2; East half of section 11; Northeast quarter and west half of section 12; Section 13; East half of section 14; East half of section 23; Sections 24 and 25; Southeast quarter and north half of section 26; Northeast quarter of section 34; Sections 35 and 36. In township 25, range 1, west of the 5th meridian: Sections 1 and 2; Northeast quarter of section 10; Sections 11, 12, 13, 14 and 15; Southeast quarter of section 22; Sections 23, 24 and 25; East half of section 26; East half of section 35; Section 36. In township 26, range 1, west of the 5th meridian: Section 1; East half of sections 2 and 11; West half of sections 12 and 13. AR 177/2009 Sched 1;163/2021 Schedule 2 AR 177/2009 Sched. 2;71/2014;186/2017;163/2021 Schedule 3 Land Use in Relation to Noise Exposure Forecast Areas Definitions 1 In this Schedule, (a) “attached suite” means a self‑contained dwelling unit that meets the building code requirements of a secondary suite, with its own living, cooking, sleeping and bathroom facilities, that is located in an existing dwelling, and includes a secondary suite; (a.1) “campground” means a facility where spaces are provided for temporary accommodation for recreational vehicles or tents; (b) “clinic” means a facility for the provision of physical services or mental health services, or both, to individuals on an outpatient basis; (c) “day care” means a facility for the provision of care and supervision of 7 or more children, under the age of 13 years, for periods not exceeding 24 consecutive hours, but does not include an on‑site child care program that is provided by an employer or organization and is ancillary to the primary use of the site; (c.1) “dBA” means a measure of sound level in decibels using a reference sound pressure of 20 micropascals when measured on the A‑weighting network of a sound level meter; (c.2) “detached suite” means a self-contained dwelling unit that meets the relevant building code requirements, with its own living, cooking, sleeping and bathroom facilities, that is (i) part of or attached to an accessory building on the same parcel of land as an existing dwelling, or (ii) located in a detached building on the same parcel of land as an existing dwelling; (d) “hall and auditorium” means a facility that is primarily used for social or cultural activities, but does not include a museum or conference centre; (e) “land” means land located in the Protection Area; (f) “medical care facility” means a facility that is used or intended to provide health services, medical treatment or nursing, rehabilitative or preventive care to individuals and that includes overnight stays; (g) “outdoor eating establishment” means a facility where food or beverages are served or offered for sale or consumption where all, or a majority, of the seating is not located within a fully enclosed building; (h) “outdoor exhibition and fairground” means a facility that provides for the display of commodities, where all or a majority of the activities are not located in a fully enclosed building, and includes, but is not limited to, such uses as agricultural fairs, amusement rides and outdoor rodeos; (i) “outdoor spectator entertainment/sports facility” means a place or structure that is primarily used or intended for outdoor spectator uses or events, but does not include a race facility for motorized vehicles; (j) “place of worship” means a place or building that is primarily used or intended as a place where people regularly assemble for religious worship and associated activities; (k) “PR”, where it appears in the table opposite a particular land use, means that the land use is prohibited in that NEF Area; (l) “residence” means a building that includes kitchen, sleeping and sanitary facilities and is used primarily as a home; (m) “school” means a place or building that is used or primarily intended for the education of students at a preschool, elementary, junior high or high school age; (n) “semi-detached dwelling” means a building that contains no more than 4 dwelling units located side by side and separated by a common wall extending from foundation to roof. 2, 2.1 Repealed AR 163/2021 s7. Residential subdivision and development a permitted use – Mayland Heights and Vista Heights 2.2 (1) This section applies to the following land within the NEF 30-35 Area: Plan Block Lot Mayland Heights 350JK 31 15, 16, 17, 18, 19 4430AC 11 2, 3, 6, 7, 10, 11 4430AC 12 2, 3, 6, 7, 10, 11, 14, 15, 18, 19 4430AC 13 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 18, 19 4430AC 14 2, 3, 6, 7, 10, 11, 15, 18, 19 4430AC 19 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15‑18, 19, 20, 21, 22, 23, 24 4430AC 20 1, 2, 3, 4, 5, 6, 7, 8, 9 4430AC 21 1, 2, 3, 4, 7, 8, 9, 10, 11, 12 4430AC 22 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 4430AC 26 19 4430AC 27 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 4430AC 29 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15‑17, 18, 19, 20, 21, 22, 23, 24 4430AC 30 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 4430AC 31 1, 4, 5, 8, 9, 12, 13 4430AC 32 1, 4, 5, 8, 9, 12, 13, 16, 17, 20, 21, 24 4430AC 33 1, 4, 9, 12, 13, 16, 17, 20 4430AC 34 4, 5, 8, 9, 12, 13, 16, 17, 20 6852HL 12 22 6852HL 19 25, 26 6852HL 23 21 6852HL 29 25, 27, 28 6852HL 32 25 6852HL 33 5, 8, 21 6852HL 34 21 6852HL 35 D 6852HL 45 1‑5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16 6852HL 46 1, 2, 3, 4, 5, 6, 7, 8 6852HL 47 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 8431HJ 41 1, 2, 3, 4, 5, 6, 14, 15, 21, 22 412801 21 14, 15 510842 21 16, 17 511056 29 29, 30 712237 29 25, 26 915030 26 20, 21, 22, 23, 24, 25, 27 1011337 34 22 1013591 21 18, 19 9311044 21 13A 9811800 45 17, 18 9911922 45 17 Vista Heights 713348 4 98, 99 1065JK 3 1, 2‑17, 18 1065JK 4 29, 30‑33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46‑57, 58, 59‑68, 69, 70, 71, 72, 73, 74, 75, 76, 77‑86, 87, 88‑ 93, 95, 96 1065JK 5 1, 2, 3, 4, 5‑10, 11, 12‑15, 16, 17, 18‑20, 21, 22, 23, 24, 25 1065JK 7 1, 2, 3, 4, 5‑19, 20 4347JK 11 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16‑21, 22, 23, 28‑35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 4347JK 13 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 4347JK 14 1, 2, 3, 4, 5, 6, 7‑9, 10, 11, 12, 13, 14, 15, 16, 17‑19, 20 (2) Despite any other provision of this Regulation, the following types of subdivision and development for residential use are permitted with respect to the land described in subsection (1), subject to compliance with any applicable statutory plan and land use bylaw and the acoustical requirements set out in the Alberta Building Code: (a) the subdivision of a single parcel into 2 parcels, with no further subdivision permitted; (b) the subdivision of a corner lot parcel into 4 or fewer parcels, with no further subdivision permitted; (c) the development of a single detached dwelling; (d) the development of semi-detached dwellings (i) with no more than 4 dwelling units on a corner lot parcel, or (ii) with no more than 2 dwelling units on a parcel that is not a corner lot parcel; (e) subject to subsections (3) and (4), the development of an attached suite; (f) subject to subsections (3) and (4), the development of a detached suite. (3) The development of both an attached suite and a detached suite is not permitted (a) on the same parcel, (b) in respect of the same single detached dwelling, or (c) in respect of the same dwelling unit of a semi-detached dwelling referred to in subsection (2)(d)(ii). (4) The development of either an attached suite or a detached suite is not permitted on a parcel resulting from the subdivision of a corner lot parcel under subsection (2)(b) where there is a semi‑detached dwelling with 3 or more dwelling units. Residential affordable housing a permitted use 2.3 Despite any other provision of this Regulation, conversion of an existing hotel for residential affordable housing is permitted with respect to the following land, subject to compliance with the acoustical requirements set out in the Alberta Building Code: Plan Block Lot 0010926 1 20 Other permitted uses 2.4 (1) This section applies to the following land within the NEF 30 35 Area: Plan Block Lot 0410759 5 2 CONDOMINIUM PLAN 0611343 N/A UNIT 1, UNIT 3‑UNIT 7, UNIT 9‑UNIT 11, UNIT 13, UNIT 14, UNIT 16, UNIT 17, UNIT 19‑UNIT 30 CONDOMINIUM PLAN 0611843 N/A UNIT 1‑UNIT 3 CONDOMINIUM PLAN 0812921 N/A UNIT 8‑UNIT 11, UNIT 14‑UNIT 18 DESCRIPTIVE PLAN 1111286 10 5 7410187 5 6, 7 7410187 6 5, 7, 9 7410187 9 1, 2, 3 7410187 10 CONDOMINIUM PLAN 7810395 N/A UNIT 1‑UNIT 6, UNIT 8, UNIT 10 7810796 5 7 8210278 29 44, 46‑53 9612335 4 5PUL (2) Despite any other provision of this Regulation, subdivision and development for the following uses are permitted within the NEF 30‑35 Area with respect to the land described in subsection (1), subject to compliance with any applicable statutory plan and land use bylaw and the acoustical requirements set out in the Alberta Building Code: (a) residences; (b) schools; (c) medical care facilities. Other permitted uses 2.5 (1) This section applies to the following land within the NEF 35‑40 Area: Plan Block Lot 154LK 2 4 5060AK 58 0110618 N/A 11 0210486 1 13 CONDOMINIUM PLAN 0414236 N/A UNIT 1‑UNIT 3, UNIT 5, UNIT 8‑UNIT 12 0514233 2 7 731502 4 7 1510259 2 5 1811550 6 8 7410187 4 2, 13, 14 (2) Despite any other provision of this Regulation, subdivision and development for the following uses are permitted within the NEF 35‑40 Area with respect to the land described in subsection (1), subject to compliance with any applicable statutory plan and land use bylaw and the acoustical requirements set out in the Alberta Building Code: (a) day cares; (b) halls and auditoriums; (c) places of worship; (d) outdoor exhibitions and fairgrounds; (e) outdoor spectator entertainment/sports facilities. 3 Repealed AR 163/2021 s7. Cultural hall a permitted use 3.1 Despite any other provision of this Regulation, development for a cultural hall is permitted within the NEF 35‑40 and NEF 40+ Areas on Lot 6, Block 2, Plan 7911468 (subject to compliance with the exterior acoustic insulation requirements of the Alberta Building Code). Schools and a place of worship are permitted uses 3.2 (1) Despite any other provision of this Regulation, (a) development for a school and place of worship is permitted within the NEF 35‑40 and NEF 40+ Areas on Lot 2, Block 7, Plan 0511592, and (b) development of an existing building for use as a school is permitted within the NEF 30-35 Area on Lot 16, Block 2, Plan 0510999, subject to compliance with the requirements in subsection (2). (2) The following requirements must be met by the owner in respect of the building in which the school and place of worship referred to in subsection (1)(a) is located and by the owner in respect of the building in which the school referred to in subsection (1)(b) is located: (a) the design criteria for the building must be approved by a professional engineer specializing in acoustics to ensure that exterior noise in any occupied room in the building during the operating hours of the school and place of worship or the school, as the case may be, does not exceed (i) a maximum sound level of 50 dBA, and (ii) a maximum hourly equivalent continuous sound level of 35 dBA; (b) after construction of the building referred to in subsection (1)(a) or development of the existing building referred to in subsection (1)(b) is complete, but before the building is occupied, a professional engineer specializing in acoustics must confirm that the building meets the sound level requirements referred to in clause (a); (c) after the building is occupied, the owner of the building must ensure the building is monitored at least once in each quarter of a calendar year by a professional engineer specializing in acoustics to confirm that the building continues to meet the sound level requirements referred to in clause (a); (d) the owner of the building must submit to the City of Calgary in each quarter of a calendar year a report containing the monitoring data for that quarter obtained under clause (c); (e) if the building fails to meet the sound level requirements referred to in clause (a), the City of Calgary must by written order require the owner of the building to remedy the failure. (3) An order under subsection (2)(e) may (a) direct the owner of the building to stop doing something, or to change the way in which the owner is doing it, (b) direct the owner of the building to take any action or measure necessary to remedy the failure to meet the sound level requirements in subsection (2)(a), and if necessary, to prevent a reoccurrence of that failure, (c) state a time within which the owner of the building must comply with the directions, and (d) state that if the owner of the building does not comply with the directions within a specified time, the City of Calgary will take the action or measure at the expense of the owner. (4) An order under subsection (2)(e) is considered to be an order under section 545 of the Act. Prohibited uses 4 (1) A land use shown in Column 1 of the following table is prohibited on land that is located in a NEF Area shown in Column 2, 3, 4 or 5 of the table if the expression “PR” appears in that column opposite that land use: TABLE Column 1 Col. 2 Col. 3 Col. 4 Col. 5 Land Uses NEF 40+ Area NEF 35‑40 Area NEF 30‑35 Area NEF 25‑30 Area Residences PR PR PR ‑ Schools PR PR PR ‑ Day cares PR PR ‑ ‑ Clinics PR ‑ ‑ ‑ Medical care facilities PR PR PR ‑ Halls and auditoriums PR ‑ ‑ ‑ Places of worship PR ‑ ‑ ‑ Outdoor eating establishments PR ‑ ‑ ‑ Outdoor exhibition and fairgrounds PR PR ‑ ‑ Outdoor spectator entertainment/ sports facilities PR PR ‑ ‑ Campgrounds PR PR PR PR (2) A land use that is not shown in Column 1 of the table but is similar to a land use shown in Column 1 of the table, in the opinion of the affected subdivision authority or development authority, is prohibited in accordance with subsection (1). (3) In the table, (a) “NEF 40+ Area” means the NEF Area described in section 1(e)(i) of this Regulation; (b) “NEF 35‑40 Area” means the NEF Area described in section 1(e)(ii) of this Regulation; (c) “NEF 30‑35 Area” means the NEF Area described in section 1(e)(iii) of this Regulation; (d) “NEF 25‑30 Area” means the NEF Area described in section 1(e)(iv) of this Regulation. (4) Subject to subsection (2), a land use that is not identified as prohibited in subsection (1) is permitted in any NEF area. Use of land where parcel located in more than one NEF Area 5 (1) Where a parcel of land that is equal to or less than 0.2 hectares is located in more than one NEF Area, the noise exposure forecast contour line that runs through the parcel must be adjusted to follow the next appropriate natural or man‑made boundary that is farther away from the airport lands. (2) Where (a) a noise exposure forecast contour line divides a parcel of land that is greater than 0.2 hectares into more than one NEF area, and (b) in one area a proposed use is a prohibited use and in the other area the proposed use is not a prohibited use, the proposed use of the parcel may be carried out only in the area in which the proposed use is not a prohibited use. AR 177/2009 Sched. 3;192/2010;177/2018;124/2019;158/2020; 34/2021;163/2021