MD holds Public Hearing regarding proposed Texas Gate Policy 302

Chris Davis, Pincher Creek Voice

The Council of the Municipal District of Pincher Creek No. 9 held a Public Hearing to get feedback about their proposed Texas Gate policy. The meeting was held in the basement of the MD building and was attended by around 20 concerned citizens.

note: a pdf copy of the draft of  Texas Gate Policy 302 can be downloaded from the left sidebar of the MD of Pincher Creek's website (click here)


MD Director of Operations gave some background to the bylaw.  He said the the first bylaw regarding Texas Gates was #428, and was passed in the 1950's.  He said residents at that time were required to maintain the gates and the insurance for them.   In 2009/2010 resolutions were put forward to change the policy.  By that time insurance was difficult to get, and Council decided to take over the responsibility.  The MD Council and the AG Services Board then drafted Texas Gate Policy 302.  At another point during the meeting Reedyk indicated there are 144 Texas Gates in the MD, including those in the forestry.

Reeve Rod Zielinski opened the floor to comments and questions.

MD citizen (and former MD Councillor) Bob Jenkins was the first to speak. He referred Council to the Municipal Development Plan, which he quoted as saying part of the MD Council's mandate was to "protect and conserve agriculture as best as you can, and to discourage the fragmentation of agriculture."

"As I read your new bylaw, it's going to fragment land," he said.  "If we had to fence this off...it would sterilize the land."  Jenkins said he was most competent to discuss his land specifically.  "There will be a lack of access if we have to fence the road.  If you put this policy in place we will lose the use of this residual land (stranded by fencing)."  Jenkins also said the policy would encourage the spread of weeds.  "If you put a fence down there, I'm not going to spend the same amount of time I do now controlling weeds," he said, citing limited access. "I just see a whole lot of problems with this he continued.  "My private Texas Gate shouldn't be mentioned, it's really none of the Council's business.  As long as my livestock stays on my side of the fence, it's none of Council's business.  There's nothing wrong with Texas Gates in our community, I think they are an absolute necessity, we need them."  Jenkins cited the highway to Westcastle as an example of a public roadway that had Texas Gates.

Reeve Zielinski asked if there were reasons other than water access for livestock to cross a public road.  Jenkins replied that it was important for grass management, access to variable types of vegetation, water access, and management of grass.

"I think what Council wants to do is make a conscious decision as to what liability we are willing to accept," said Reeve Zielinski. "It seems to be changing all the time," said Jenkins.  "We have to find a balance,"  Zielinski said, also indicating he would like to find a long-term bylaw that works.

MD citizen Leo Robbins was concerned with inconsistencies in the proposed bylaw.
Reeve Zielinski agreed with him that there were some.  "This MD has many situations," he said.  "This bylaw tries to address major, minor, and private roads."   Councillor Bjorn Berg said the road program had been put into effect many years ago, and the evolution over time had resulted in "multiple layers of policy and bylaws."

A concern raised by both Jenkins and Robbins, and assented to by several in the crowd, was a restriction to be imposed on the size of Texas Gates that would likely see some of the smaller ones extant in the MD removed.  Reeve Zielinski asked what the lifespan was for a Texas Gate.  Jenkins said "A hundred years, if they are properly maintained."  "Should they be built to a wider standard in case the road widens in fifty years?" asked Zielinski.

"The landowner has the most to lose, and the municipality has the most responsibility," said Councillor Berg.  "I think we're trying to take it (policy) away from the lawyers."

MD citizen Bruce Mowat said "I think you want to leave that new policy somewhat flexible."  Another citizen suggested the MD buy some of the high spec Texas Gates recommended in the bylaw at bulk prices to resell to area landowners.

"We're trying to find a standard that we can use as an overall standard," said Councillor Helen Cyr.

At the conclusion of the public hearing, Reeve Zielinski said " We'll go back and fine tune it (the proposed bylaw)."

Later on in the day, during the regular MD Council meeting, Reeve Zielinski opened  a discussion about the bylaw.  After some discussion, Council decided to send the proposed bylaw back to the AG Services Board for clarification and fine tuning, to include documentation from the public hearing to inform the process.