Hearing scheduled over potential Rosebud wetlands alteration and stormwater system

By John Watson Local Journalism initiative Reporter

A date has been set for an Environmental Appeals Board hearing regarding the approval by Alberta Environment and Parks to Badlands Recreation Development for the development of several wetlands near Rosebud.

The approval from Alberta Environment and Parks is for the infilling of two wetlands, modification of three wetlands and the development of a stormwater management system near the would-be Badlands Motorsport Resort.

Though locals have voiced dissent over the development of the resort proper, the hearing is only discussing the disruption to the local wetlands in the valley. 

“The local residents are the ones who have appealed, plus a bunch of others are opposed to the racetrack development. In general, they’re concerned that the racetrack will change the character of the Rosebud River Valley,” said Gilbert Van Nes, who spoke on behalf of the Environmental Appeals Board Counsel.

Van Nes explained that the project has been before the council for roughly two years and was in development from Badlands Recreation Development for a similar amount of time prior to that.

Despite opposition and outcry from local residents, the project was passed at the municipal level in Kneehill County. Van Nes noted the project was appealed at the municipal stage prior to reaching this point.

The current appeal is between the Badlands Recreation and Development, Alberta Environment and Parks – who authorized the development and the appellants being local landowners adjacent the area where development is proposed.

The meeting scheduled for May 16, 2022, would normally be a public hearing if it was held in person, however, due to being hosted online, those who wish to sit in on the hearing will have to make their intentions known prior to the date.

Van Nes explained the hearing will operate similarly to a court process. The first day will be opening comments of all the parties, potentially procedural motions on the first day such as accepting certain evidence, prior to starting the case for the appellant

“They have to basically try to convince the board that the decision (issued by Alberta Environment) … that there is something wrong with it,” said Van Nes.

“(The appellant) will go first, then probably starting on the second day, Badlands Racetrack will go and they will try to counter the evidence that was presented by the appellants and explain all the work that went into developing the plan to fill in these wetlands and develop the stormwater management system.”

On the third day, Alberta Environment will be allowed to explain the work that they did to support the approval which they issued. Finally, the appellants will get a chance to respond to everything they’ve heard from the Badlands developer and Alberta Environment.

Finally, in the afternoon of the third day, closing arguments will be allowed to be made by all parties.

The board will then retreat and will have one month to prepare a report and recommendations, which will go to the Minister of Environment and Parks, currently Jason Nixon, who will have the final say as to whether or not approval will be issued for the wetland’s development.

According to Van Nes, Nixon will have one month following his receipt of the recommendation from the board to make his decision.

“Our board members are technical specialists – they have a wide variety of environmental backgrounds, so they’ll review the project from a technical perspective and decide whether it’s environmentally sound or not,” explained Van Nes.

He added it’s usually the case that the minister will accept the recommendations of the board, though does have the authority to disagree.

To his knowledge, Van Nes said construction of the racetracks and condominiums proper has not yet begun in the valley, though that dispute is not being discussed during the scheduled appeal.

A Consent Order was filed in the Court of Queen’s Bench on Dec. 7, 2020 stating Badlands undertakes to not conduct any physical alteration of the wetlands subject to approval, until Nixon makes a decision on the appeal.

The date the appeal is to begin is scheduled for May 16, 2022, and the process will continue until May 18. Those of the public who wish to observe the proceeding may contact the Environmental Appeals Board.