Data Centres

Each municipality can use its own Bylaws to decide how Data Centres are handled, including what zoning is required and whether a development permit is required.

This page provides an overview of how Data Centres are reviewed and approved within Mountain View County (MVC), including municipal and provincial roles, public participation opportunities, and anticipated timelines.


Authority for Approval of Data Centres

Municipal Authority

  • Mountain View County has jurisdiction over Data Centres through the Land Use Bylaw (LUB), which may be viewed, at: Mountain View County - Bylaws 

  • A Data Centre requires the issuance of a Development Permit (DP) from the Municipality.

Provincial Authority (where applicable)

  • Data Centres in rural locations are likely to be associated with powerplant facilities (natural gas–fueled).

  • A powerplant facility requires approval from the Alberta Utilities Commission (AUC).

  • An AUC application will identify whether the powerplant is intended to be connected to a Data Centre.

  • A Data Centre itself does not require AUC approval.

Alberta Utilities Commission (AUC) Process (Powerplant Facilities)

  • Applicants must consult affected parties (surrounding landowners) and the Municipality in accordance with AUC Rule 007 before submitting an application.

  • Once an application is deemed complete, the AUC issues a public notice, providing an opportunity for formal intervention through written submissions.

  • The AUC determines whether a hearing is required. A hearing must be held if a concerned person demonstrates that their rights may be directly and adversely affected (known as having standing).

  • A municipality may apply for standing before the AUC.

  • An AUC decision may be appealed if the Court of Appeal of Alberta grants permission.


How Data Centres Fit Within Mountain View County

  • There are currently no statutory plan policies and no defined use for Data Centres within the Land Use Bylaw, which may be viewed, at: Mountain View County - Bylaws.

Potential applicants are advised to consider the following options:

  1. Participate in the Municipal Development Plan (MDP) and Land Use Bylaw (LUB) Review

    • The review will include consideration of Data Centres.

    • Statutory plan policies may identify where Data Centres could be suitable within the County.

    • The review may establish a defined use, regulations, and identify districts where Data Centres could be permitted or discretionary uses.

  2. Apply for a Direct Control (DC) District

    • This involves a redesignation application to amend the Land Use Bylaw for a specific parcel of land.

    • If the redesignation is approved by Council, a Development Permit is also required.


Public Participation Opportunities

Redesignation (Direct Control District) Process

  • There are three opportunities for public input:

    • Applicant-led pre-application consultation

    • Circulation of the application by County Administration

    • Participation in the Public Hearing before Council makes a decision

  • Council decisions to approve or refuse a Direct Control Bylaw have limited appeal options.

    • Appeals may only be made to the Court of King’s Bench of Alberta on legal or jurisdictional grounds, not on the merits of the application or Council’s discretion.

Development Permit within a Direct Control District

  • If a Direct Control Bylaw is approved and Council deems the land suitable for a Data Centre:

    • A Development Permit application will be circulated to landowners within 1 mile of the subject land to gather feedback and concerns.

    • Council is the Approving Authority for Development Permits within a Direct Control District.

    • Council’s final decision on a Development Permit, including conditions, cannot be appealed.


Order of Approvals

Applicants may choose one of the following approaches:

  • Apply for AUC approval (powerplant facility) before applying for a municipal redesignation (Direct Control District) for the Data Centre; or

  • Apply concurrently for AUC approval (powerplant facility) and municipal approval (Direct Control District) for the Data Centre.


Municipal Timelines and Costs

Policy Review Timeline

Fees

  • Fees vary depending on the size and scope of the proposed Data Centre.

  • Larger projects generally result in higher fees.

  • Costs for redesignation applications and Development Permits are set out in the Fee Schedule Bylaw, which may be found, at: Mountain View County - Bylaws

Processing Timelines

  • Direct Control District (Redesignation):

    • Minimum processing time of 6 months from receipt of a complete application.

  • Development Permit (within a Direct Control District):

    • Minimum processing time of 8 weeks.