Foothills County Property Regulations: Key Considerations for Buyers

Overview: How the Land Use Bylaw Works

The Foothills County Land Use Bylaw organises the county into land use districts, defines what activities and structures are permitted on each parcel, and sets the procedures for development permits, redesignations, and subdivisions. Every parcel in the county has a designated land use district, and what you can build or operate depends entirely on that designation.

To determine the regulations applicable to a specific parcel, first locate the parcel on the official Foothills County Land Use District Maps, then look up the regulations for that district. Discuss any uncertainty with staff at the Foothills County Planning and Development Department before purchasing or applying for any permits.

Key Development Requirements

• Maximum Lot Coverage: No building or group of buildings, including accessory buildings, shall cover more than 60% of the lot area.
• Maximum Dwelling Unit Density: For parcels under 80 acres, the bylaw generally allows a maximum of one single-family dwelling and one secondary suite or temporary dwelling. For parcels 80 acres or larger, up to two dwellings may be permitted depending on the land use district.
• Minimum Yard Setbacks: Front yard setbacks range from 15 metres to 70 metres depending on proximity to roads and highways. Rear yard setbacks are typically at least 7.5 metres. Setbacks vary by district.
• Maximum Height of Structures: Principal buildings are limited to 12 metres (39.37 feet). Accessory buildings are limited to 10.67 metres (35 feet). Setback and height requirements vary by land use district.

All measurements in the Foothills County Land Use Bylaw are metric. Where any conflict exists between metric and imperial figures, the metric measurement governs.

Development Permits: What Requires One

Under the Foothills County Land Use Bylaw, "development" means any of the following: excavation or stockpiling; construction, addition, replacement or repair of a building; a change in the use of land or a building; or a change in the intensity of use of land or a building. A Development Permit is required before any of these activities commence.

Standard development permits typically take 60 to 90 days to process. However, Foothills County has introduced two faster permit options:

• Multi-Use Development Permit: Allows multiple potential uses to be approved under one permit. Eligible applications have a faster 20-day turnaround rather than the standard 60 to 90 days.
• Change-in-Use Permit: Allows business owners to apply for a change in use rather than an entirely new development permit, provided the application aligns with an existing multi-use development permit, the approval is in good standing, and no variances to the bylaw are required.

Contact Foothills County Land Development to confirm which permit type applies to your project.

Permitted and Discretionary Uses

Within each land use district, uses are classified as either permitted or discretionary:

• Permitted Uses: Allowed as of right provided all development standards of the district are met. A development permit is still required before construction begins, but approval is not subject to discretion if standards are satisfied.
• Discretionary Uses: Require review and approval from the Foothills County Development Authority. Approval is not guaranteed and conditions may be attached. Examples include agri-tourism operations, bed and breakfasts, and certain commercial uses in agricultural zones.

What a previous owner operated on a property is not necessarily what a new owner is permitted to do. Verify the permitted and discretionary uses for your specific parcel's land use district before making an offer, particularly if you plan to operate a business, add structures, or change land use.

Secondary Suites in Foothills County

Secondary suite regulations in Foothills County were significantly updated by Bylaw 68/2023, adopted by Council January 31, 2024. Key points for buyers:

• Secondary suites are now permitted on parcels under 2 acres in size and within most Foothills County hamlet boundaries.
• Secondary suites are not permitted in the Hamlets of Heritage Pointe and Priddis Greens, based on resident feedback.
• The maximum secondary suite size is generally 1,400 square feet, subject to the suite being smaller than the habitable area of the principal dwelling. Exceptions apply for suites situated entirely within a basement where the building footprint exceeds 1,400 square feet.
• Two types of secondary suites are recognised: a principal suite within or attached to the dwelling, and a garden suite as a separate accessory structure on the parcel.
• A Development Permit is required for all secondary suites.

Buyers considering a property where a secondary suite is already present should confirm it has a valid development permit approval. Any unpermitted secondary suites that existed before January 31, 2024 had until January 31, 2026 to apply to come into compliance under the grace period provisions of Bylaw 68/2023. After that date, unpermitted suites may be subject to enforcement. Confirm the status of any existing suite with Foothills County Building and Safety Codes before purchasing.

Home-Based Businesses

Foothills County permits home-based businesses on residential and agricultural properties, subject to the following requirements:

• A Development Permit is required from Foothills County before operating a home-based business.
• A Foothills County Business Licence must also be obtained after the Development Permit is issued. If the business licence is not obtained, or is revoked or suspended for any reason, the Development Permit is also suspended until the licence is restored.
• All home-based businesses must provide adequate parking in accordance with the Land Use Bylaw.
• Home-based business operations must comply with all applicable provisions of Section 10.12 of the Land Use Bylaw.

Buyers intending to operate a business from a Foothills County property should confirm both the development permit and business licence requirements with the County before purchasing. What was permissible for a previous owner may not automatically transfer to a new owner.

Setbacks and Parcel Sizes

Setback requirements define the minimum distance structures must be placed from property lines, roads, and other features. In Foothills County, typical setbacks include:

• Front yard setbacks: Range from 15 metres to 70 metres for residential properties, depending on the type of road and land use district.
• Rear yard setbacks: Generally at least 7.5 metres for residential uses.
• Highway setbacks: Properties adjacent to provincial highways are subject to larger setbacks, which vary by highway classification.
• Minimum agricultural parcel size: Typically 8 hectares for agricultural land use districts, though this varies by district.

Setback and parcel size requirements vary significantly by land use district. Verify the specific requirements for your target parcel with Foothills County Planning and Development before purchasing or planning any construction. If you are considering building a shop or outbuilding, the dedicated building a shop in Foothills County guide covers the specific permit requirements and considerations in detail.

Non-Conforming Uses

A non-conforming use is a property or activity that was legally established under a previous version of the Land Use Bylaw but does not comply with the current regulations. Key points for buyers:

• Non-conforming uses may continue but cannot be expanded or intensified without a special permit.
• If a non-conforming use is discontinued for 6 consecutive months or more, the property must revert to conforming uses under the current bylaw.
• Significant alterations or expansion of non-conforming buildings may require a special permit or redesignation.

Purchasing a property with a non-conforming use does not automatically transfer the right to continue or expand that use. Confirm the current status of any non-conforming use with Foothills County Planning and Development before purchasing.

Overlay Districts

Foothills County designates certain areas as overlay districts, which impose additional regulations on top of the base land use district rules. The most significant for buyers is the Flood Hazard Overlay District, which applies to areas vulnerable to flooding, particularly along the Sheep River, Highwood River, and other watercourses in the county.

Properties within overlay districts are subject to additional development restrictions and may require environmental assessments or special approvals before any construction can proceed. Always verify whether your target property falls within an overlay district before making an offer. Contact Foothills County Planning and Development to confirm overlay status for any specific parcel.

Environmental Protection Areas

Properties located in environmentally significant areas may be subject to additional development restrictions beyond the base land use district and overlay regulations. These can include restrictions on land grading, watercourse setbacks, vegetation removal, and other development activities that could impact local ecosystems. An Environmental Impact Assessment (EIA) may be required for certain developments in or adjacent to these areas. Buyers should request an environmental review of any property near watercourses, wetlands, steep slopes, or other sensitive features as part of their due diligence.

Recent Amendments to Foothills County Land Use Bylaw

The Foothills County Land Use Bylaw No. 60/2014 has been amended regularly since its adoption. Significant recent amendments include:

• Bylaw 68/2023 (January 31, 2024): Expanded secondary suite permissions to parcels under 2 acres and within most hamlet boundaries.
• Bylaw 40/2024 (July 3, 2024): General Land Use Bylaw amendments.
• Bylaw 06/2025 and 07/2025 (February 26, 2025): Addition of Data Centre Campus definition and related exceptions.
• Bylaw 45/2025 and 47/2025 (July 2, 2025): Amendments to anaerobic digester facility definitions and Highway 2A setback exceptions.
• Bylaw 53/2025 (September 10, 2025): Amendment to the definition of Public Works.
• Bylaw 68/2025 (December 3, 2025): Data Processing amendments; the most recent update to the bylaw.

A current listing of all amendments is available from the Foothills County office and on the Foothills County Land Use Bylaw page. The consolidated bylaw should be consulted for all purposes of interpretation and application.

Due Diligence Checklist: Before You Make an Offer

Buyers should complete the following checks before making any offer on a Foothills County property:

• Confirm the land use district designation for the specific parcel
• Review permitted and discretionary uses for that district
• Verify setback requirements and whether all existing structures comply
• Confirm dwelling density limits for the parcel size
• Check the status of any secondary suite and confirm it has a valid development permit
• Verify home-based business requirements if operating a business is part of your plan
• Check for overlay districts, flood hazard zones, or environmental protection designations
• Confirm development permit requirements for any planned construction or changes
• Review the Real Property Report for structure compliance and easements
• Verify road access and highway setback requirements if adjacent to a provincial highway

See also the rural real estate FAQ, the septic and well inspection checklist, the well water guide for Alberta acreage buyers, and the how to buy an acreage near Calgary guide.

Foothills County Property Search

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