That Administration prepare a
report outlining current railroad
recommendations for residential
development adjacent to the
railway right-of-way, and best
practices and policies in
municipalities regarding
residential development adjacent
to railway rights-of-way, to return
to Executive Committee.
Developments
Adjacent to Railway
Rights-of-way
Recommendation:
That Administration prepare an
amendment to Zoning Bylaw 12800, as
outlined in Attachment 1 of the May 15,
2007, Planning and Development
Department report 2007PDP128,
addressing residential development on
lands adjacent to railway rights-of-way.
Report Summary
This report responds to a November
8, 2006, Executive Committee motion
regarding residential development
adjacent to railway rights-of-way.
Report
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
Previous Council/Committee Action



At the November 8, 2006, Executive
Committee meeting, the following
motion was passed:
That Administration report back
to the May 2, 2007, Executive
Committee meeting, with a draft
policy setting guidelines for
residential, industrial and
commercial development
adjacent to railway rights-of-way.
The policy is to include best
practices from across Canada.
At the September 20, 2006,
Executive Committee meeting, the
September 20, 2006, Planning and
Development Department report
2006PDP037 was postponed to the
November 8, 2006, Executive
Committee meeting.
At the February 22, 2006, Public
Hearing meeting, the following
motion was passed:


To accommodate growing
populations in cities and make use of
valuable land, many municipalities
have approved residential
development on lands adjacent to
railway rights-of-way. This can
generate proximity issues and land
use conflicts between the railways
and adjacent land uses.
Typical proximity issues include:
noise, vibration, appearance,
vegetation control, safety, crossing
congestion, and protecting the
integrity and expansion of rail
facilities and inter-modal operations.
As railways are federally regulated,
the City of Edmonton has no
jurisdiction over rail operations. To
ensure compatibility between the
railway rights-of-way and adjacent
uses, the City must regulate
development that occurs adjacent to
the railway rights-of-way.
Planning and Development
recommends that the Zoning Bylaw
be amended by adding an
amendment to the Development
Regulations section (See
Attachment 1).
The proposed amendment will:
 apply to lands abutting a variety
of rail facilities operated by CN
Rail and CP Rail; and
PAGE
ROUTING - Executive Committee | DELEGATION – P. Ohm/A. Arendt/S. Pragnell
WRITTEN BY – A. Wahl | May 15, 2007 – Planning and Development Department 2007PDP128
Page 1 of 2
E
1
1
Developments Adjacent to Railway Rights-of-way
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requires the completion of noise
and vibration studies and the
provision of setbacks, berms, and
fences when developing land
uses within use class groups
based on their proximity to
various rail facilities.
The provision of development
setbacks, berms and fencing
regulations specified by the
proposed amendment is intended to:
 address the safety and security of
people and property in the event
of a rail accident resulting in a
derailment and/or spill;
 mitigate the impacts associated
with sound and vibrations; and
 address issues associated with
trespass.
Both CN Rail and CP Rail do not
support residential development
adjacent to the rail rights-of-way.
However, CN Rail acknowledges that it
does not have jurisdiction over the lands
adjacent to its facilities and supports the
creation and implementation of
proposed amendment. CP Rail sees
the amendment as a means to address
the interface between rail facilities and
urban development.
Justification of Recommendation
The proposed amendment will establish
regulations to address safety, security,
noise, vibration and trespass for
development on lands adjacent to rail
facilities in Edmonton.
Attachments
The owner will be responsible for the
maintenance of the berm and fence
located within the owner’s property.
 The amendment may be applied
at the time of rezoning,
subdivision or development
permit.
 The amendment will not apply to
uses and activities serviced by
rail, or to lands abutting Light Rail
Transit.
Public Consultation
An internal circulation and external
stakeholder distribution was completed
in March 2007 to obtain feedback from
other departments and organizations
including Edmonton Federation of
Community Leagues (EFCL) , Urban
Development Institute (UDI), and
Canadian Homebuilders Association –
Edmonton Region. The comments
received are addressed in this Zoning
Bylaw Amendment package.
Page 2 of 2
1. Proposed Amendment Development Regulations for Lands
Adjacent to Rail Rights-of-way.
2. CN Rail and CP Rail Position on
Development Adjacent to Railway
Rights-of-Way
Background Information Available on
Request
1. September 20, 2006, Executive
Committee on Residential
Development Adjacent to Railway
Rights-of-way. File: 2006PDP03.
2. CN Rail and CP Rail Land Use
Guidelines.
3. Residential Buffering Requirements
from Selected Municipalities.
4. Land Use Controls Used in the City
of Edmonton to Mitigate Conflicts
between Residential Land Uses and
Abutting Railway Rights-of-Way.