Manitoba Intergovernmental Affairs

TABLE OF CONTENTS

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WHY PROVINCIAL LAND USE POLICIES?

• Nuisances, including noise, dust, odours;
• Financial expenditures by both private operators and the public to deal with legal issues and complaints;
• Danger to human health and safety and damage to property and investments from hazards, such as flooding, and the resulting public expenditures for evacuation and compensation;
• Unexpected development costs to mitigate conflict.
  
  

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SCOPE AND APPLICATION

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DEFINITIONS

1. the tillage of land;
2. the production of agricultural crops, including grains, oil seeds, hay and forages;
3. the production of horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse crops;
4. the use of land for grazing livestock;
5. the use of land for livestock operations;
6. the production of eggs, milk and honey;
7. the raising of game animals, fur-bearing animals, game birds, bees and fish;
8. the operation of agricultural machinery and equipment;
9. the processing necessary to prepare an agricultural product for distribution from the farm gate;
10. the application of fertilizers, manure, soil amendments and pesticides, including ground and aerial application;
11. the storage, use or disposal of organic wastes for farm purposes.

1. the construction of a building on, over or under land;
2. a change in the use or intensity of use of a building or land;
3. the removal of soil or vegetation from land (unless its for cropping or forage production); and
4. the deposit or stockpiling of soil or material on land and the excavation of land.

1. contains methane and other paraffinic hydrocarbons, and might contain nitrogen, carbon dioxide, hydrogen sulphide, helium or minor impurities;
2. is recovered or recoverable through a well from a reservoir

1. a quarry;
2. machinery, plant, buildings, premises, stockpiles, storage facilities, waste dumps or tailings, whether below or above ground, that are used for, or in connection with mining;
3. a crusher, mill, concentrator, furnace, refinery, processing plant or place that is used for crushing, sifting, drying, oxidizing, reducing, leaching, roasting, smelting, refining, treating or conducting research on mineral bearing substances; and
4. an abandoned mine and abandoned mine tailings.

1. avoiding impacts and risks altogether by not undertaking the development/activity or certain parts of it;
2. minimizing the impacts and risks by limiting the degree or magnitude of the development/activity;
3. rectifying impacts and risks through repairs/remediation;
4. reducing or eliminating the probability of having the impact or risk reoccur, and
5. implementing strategies to reduce greenhouse gas emissions and enhance carbon sinks.

1. a concentration of 25 or more permanent residences;
2. a mix of commercial and community services; and
3. a historic basis or place name.

“water control work” means any dyke, dam, surface or subsurface drain, drainage, improved natural waterway, canal, tunnel, bridge, culvert borehole or contrivance for carrying or conducting water, that:

1. temporarily or permanently alters or may alter the flow or level of water, including but not limited to water in a waterway or water body, by any means, including drainage; or
2. changes or may change the location or direction of flow of water, including but not limited to water in a waterway or water body, by any means, including drainage.

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DEVELOPMENT PLAN BY-LAWS

PROVINCIAL INTEREST

GOALS

DEVELOPMENT PLAN REQUIREMENTS

When preparing or reviewing a development plan by-law, planning authorities will, in consultation with local stakeholders, develop a long-term vision for the planning area that supports the health and well-being of residents, the economy and environment, and set goals and policies to achieve that vision.

When amending a development plan by-law, planning authorities will rationalize proposed amendments within the context of the vision, goals and policies set out in the plan. 

In preparing, reviewing or amending a development plan by-law, planning authorities, with the assistance of qualified planning professionals,will undertake appropriate analysis, surveys and/or studies for the planning area and make them available for review by stakeholders and the public.

Analysis, surveys and/or studies can include, but not be limited to:
1. demographic analysis and population studies/projections;
2. supply and demand studies;
3. housing studies;
4. economic and fiscal analysis;
5. traffic impact analysis and transportation planning studies;
6. greenhouse gas emissions inventories and forecasts;
7. climate change vulnerability/risk assessments;
8. water, heritage, agriculture, forestry, wildlife, natural lands and mineral resource and capacity studies; and
9. any other matter related to the present or future physical, environmental, social, cultural or economic characteristics of the planning area, of relevance to the development plan by-law.

The type and degree of analysis, surveys and/or studies to be prepared will be relative to local circumstances, the nature and complexity of the plan (preparation, review or amendment), and the matters under consideration.

To ensure that development plan by-lawsare integrated and comprehensive, the preparation, review or amendment of a plan will:


1. include a process that compares/overlays the location of resources and environmental features with the location of existing development to identify opportunities and limits to growth in the planning area;
2. consider the policies of other local/regional plans and strategies (such as integrated watershed management plans and climate change action plans) to ensure they are mutually supportive;
3. provide opportunities for public participation in the planning process and ensure that the vision, goals and policies in the plan are reflective of the cultural and social interests within the planning area, including those associated with Aboriginal and First Nation treaty rights/obligations;
4. provide guidelines for land use controls and the subdivision of land; and
5. set out the measures for implementing the plan policies and timelines for expected outcomes; monitor achievement of goals by identifying targets and indicators of success.
   
   
Planning authorities will ensure there is an appropriate range and mix of land uses to meet the anticipated long term needs of the community(s) within the planning area. As such, the development plan by-law will:
1. designate land uses and identify directions for growth on the basis of up to a 25 year, long-term planning horizon that supports the community vision;
2. provide for a sufficient supply of serviceable lots to accommodate a 5 to 10 year demand for various land uses;
3. identify the public services that are planned or required and determine how new development will be financed, based on the supplies, planning horizons and designations above; and
4. consider the overall supply and demand for, and suitability of, land uses on a regional basis when determining the above provisions.
   
   
Planning authorities will collaborate with the Public Schools Finance Board and local school divisions to ensure that development plan by-laws and subsequent secondary plans contain appropriate policies to support the adequate and appropriate provision of lands for public educational facilities and the consideration of the long term land use and development decisions that the siting of these facilities will have in the planning area.

To keep development planby-laws current, planning authorities must undertake a review of their plan every five years, or as often as agreed to by the planning authority and the Province of Manitoba, as per the provisions outlined in The Planning Act and The City of Winnipeg Charter.



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POLICY AREA 1: GENERAL DEVELOPMENT

PROVINCIAL INTEREST

Manitobans live in a rapidly changing environment. For example, more extreme weather events and departures from climate norms now represent a significant risk to Manitoba. Our communities, ecosystems and economy are vulnerable to the impacts of climate variability and shifts in bioclimate and land use decisions should be cognisant of these risks and strive to reduce vulnerability of communities and make them more resilient.

It is important to the Province that Manitoba’s communities are environmentally, socially and economically resilient. From a land use perspective, this means fostering planning and development practices that support climate change mitigation and adaptation, promote healthy and fiscally sustainable communities, encourage diversity and protect cultural integrity

Every community has unique circumstances and will use different methods to achieve their goals. However, there are a number of planning and development practices that the Province would like to see applied consistently because they are fundamental to the sustainable development of Manitoba and are rooted in sound land use planning principles.

The Province supports and promotes these practices to ensure that development is reflective of a community’s long term vision, is compatible and avoids land use conflicts, promotes health, minimizes economic risks to the public, anticipates future needs and cumulative impacts, ensures the sustainable use of land and resources, protects ecological integrity and maximizes public investments. 

In addition to these practices, the Province encourages (and in some cases mandates) innovative and best practice approaches to land use and development to help address provincial commitments to climate change mitigation, sustainable development, energy efficiency, and accessibility. For example, LEED certification®, technologies and tools can improve the energy and resource efficiency of our built form and reduce the greenhouse gas footprint of buildings.

These practices and innovative approaches are reflected in the following Policies for General Development. These Policies apply to all planning and development decisions. 

A. PROTECTING PEOPLE, PROPERTY AND INVESTMENT

GOALS

To avoid and mitigate risks to people, property and investments from hazards and nuisances

To anticipate change and undertake the necessary planning and measures needed to adapt.

POLICIES

1. Local authorities will direct development to areas that are suitable for the proposed use and where risk can be prevented or minimized. Assessment of risk should include:
   1. hazards or activities in or nearby the proposed development area that have the potential to negatively impact the development or the safety of its users;
   2. consideration for the accessibility of the site to emergency services;
   3. existing land uses in or nearby the proposed development area that could be negatively impacted by the development;
   4. the potential for the development to negatively impact the environment; and
   5. consideration of vulnerabilities to future climate change impacts.
   
   The local emergency plan should be consulted to help assess the potential for hazards or risk.

2. Lands that pose hazards to persons, property and/or investment are not suitable for development and should be left in their natural state, or limited to low intensity uses. 
   
   
3. Potentially dangerous or nuisance-causing uses, or otherwise incompatible developments should be located so that they:
   1. do not negatively affect existing development or designated land uses; and
   2. can operate and/or expand safely, without unreasonable limitations
      .
   Dangers and nuisances associated with these uses should be anticipated and prevented or suitably mitigated through use of separation, natural or human-made barriers, operating techniques, building materials or design.

B. ENSURING COMPATIBILITY BETWEEN USES

GOALS

To minimize land use conflicts by ensuring land uses and development are compatible

To ensure the development of non resource-related uses is efficient and orderly and occurs in the most strategic locations to maximize investments, without negatively impacting on resource-related uses.

POLICIES

4. Development must be compatible with its surroundings, existing uses and transportation systems. 
   
   
5. The dedication of land to non resource-related uses should not be wasteful of land. The designation of non resource-related uses should be consistent with the demonstrated rate of change and with the community vision for the planning area and within the region.

6. Non resource-related uses must be directed to existing urban centres.
   
   Exceptions to the above include rural residential and cottage development, and non resource-related uses that:
   1. may be directed to other areas that have been designated for those uses;
   2. are intended primarily to serve the farm community;
   3. are deemed hazardous or incompatible in an urban centre setting; or
   4. require larger site areas which are not available or appropriate in an urban centre
      
      
   For exceptions c and d, these uses should be designated in the development plan.

7. The exceptions outlined in policy 1.A.6 above will be directed away from prime agricultural land, viable lower class lands and existing agricultural operations wherever possible and appropriate. As a priority, such uses should be directed to areas where agriculture is less dominant due to a combination of: a diversity of landscape features, a predominance of lower class land, a high degree of land fragmentation, and the existence of a mixture of land uses.
   
   
8. Development outside of urban centres must ensure adequate separation from those centres so as not to impede their orderly expansion, based on their land needs over a long term planning horizon.
   
   

C. INTEGRATING PUBLIC SERVICES

GOALS

To maximize existing investments in public services

To integrate public service considerations into development decisions to ensure that public services have the capacity to support the development

POLICIES

9. The direction and pattern of development should support the strategic, economical and accessible provision of public services to meet current and projected needs. As such, development should be directed to areas:
   1. where appropriate public services exist, prior to areas without services;
   2. where public services are planned and budgeted for and where they can be introduced in an economical and timely manner; and
   3. that have been identified for redevelopment or intensification as they have excess public service capacity, such as brownfield sites.
      
      
10. Where feasible, public services should be co-located to promote cost-effectiveness and facilitate service integration.
    
    
11. Development should be examined at a regional scale to identify possible opportunities for regional cooperation, economic and energy efficiencies and service-sharing.
    
    
12. Development should not result in unexpected or unreasonable costs to the public. As such, proposals for development should demonstrate:
    1. the anticipated short and long-term/lifecycle public costs associated with a development and any future phases; and
    2. that existing public services have the capacity to accommodate additional development.
       
       
13. Planning authorities will ensure that development incorporates appropriate public services; vehicle, pedestrian and bicycle traffic; safe access to public amenities, commercial and employment areas; and transit where appropriate.
    
    

D. PROMOTING SUSTAINABLE DEVELOPMENT

GOAL

To promote sustainable land use patterns and innovative development practices that minimize pollution, protect resources and reduce greenhouse gas emissions

POLICIES

14. To more fully identify the requirements of a proposed development, planning authorities are encouraged to prepare secondary plans when:
    1. developing large tracts of vacant or underutilized land;
    2. redeveloping an existing built up area;
    3. more detailed directions for land use, infrastructure, transportation, natural lands, urban design or similar matters are required beyond the general framework provided by the development plan; and/or
    4. coordination between local and regional services, land uses and objectives are needed.
       
       
    Secondary plans outline the goals and policies governing the development and redevelopment of land for the area to which it applies. The policies of the secondary plan are intended to complement the policies of the development plan and are implemented through plans of subdivision and detailed site planning.

15. Development plans should include policies that encourage proposals for development to incorporate innovative design concepts and standards that:
    1. address the needs of persons with disabilities, meeting standards for accessible or universal design;
    2. conserve or maximize efficiencies of natural resources including, but not limited to, energy and water;
    3. minimize contributions of harmful emissions or expulsions, including greenhouse gases;
    4. support the use of renewable and alternative energy sources;
    5. mitigate the nutrient impacts of development through strategies such as stormwater retention and treatment, and erosion control;
    6. mitigate human/wildlife conflicts;
    7. preserve the natural landscape features and work with the natural topography of the area;
    8. minimize the amount of impervious surface whenever practicable

by using natural engineering design methods such as the use of open, shallow, grassed street swales instead of curbs and gutters and, where feasible, encouraging alternate surfacing options; and

9. meet the standards of LEED® (or equivalency) and/or green design practices in: new building construction; the rehabilitation or conversion of existing buildings; and the conservation of heritage buildings, where feasible, and where consistent with heritage conservation standards as outlined in the Standards and Guidelines for the Conservation of Historic Places in Canada.

16. Public services and resourcesmust be accessible to the public. Development plans will identify existing and planned public services and resources and include policies to accommodate public access to them.  Some public resources, such as navigable waterways, are best accessed by way of public shoreland reserves.
    
    
17. Development plans should include policies to protect open spaces for recreation uses and wildlife habitat, and promote linkages between green spaces, in particular through the creation and protection of greenways.

POLICY AREA 2: SETTLEMENT AREAS

PROVINCIAL INTEREST

Settlement has occurred in a variety of forms throughout Manitoba, including varying scales of urban, suburban, rural, cottage and recreational types of development. This settlement has also occurred in a range of sizes, from single lot subdivisions to small communities, to the City of Winnipeg.

Manitobans value such variety when it comes to choosing where they live.  Some enjoy the access, convenience and services of larger urban centres, while some prefer the open spaces, large lots and farm characteristics of rural areas.  Others favour qualities of both. 

It is important to the Province that Manitobans have the ability to choose where they live based on their lifestyle preferences, and that a variety of choice exists. However, it is equally important that individual choices (particularly as they relate to new or expanding development) are sustainable, support Manitoba’s commitment to reducing greenhouse gas emissions and do not generate unnecessary costs to or negative impacts on the public or upon the natural or heritage resources of the area.   It is recognized that not all communities have the capacity to be economically self-sufficient and may rely on public partnership to support their overall sustainable development.

The Province has developed land use policies that focus growth and development on existing settlements areas, in particular, urban centres. Strong urban centres are important to Manitoba’s long-term prosperity, social and environmental well-being and economic competitiveness. They provide employment, a diversity of housing types and affordable recreation and social services in an environment which can be universally accessible and facilitate aging in place.  Concentrating development in urban centres also optimizes existing infrastructure and positions communities to generate the economic activity necessary to sustain themselves into the future. Because of the significant investment already put into existing urban centres and because of their social and historical significance, it is important to the Province that they are strengthened, optimized and planned so as to be sustainable.

The Province has also developed land use policies to limit low density and scattered residential development in rural areas. Such development, on a cumulative basis, can create conflict with agricultural operations, limit the ability of a municipality to provide for an increasing level of services that meet regulatory standards, inhibit urban expansion or access to resources, increase reliance on single-occupant vehicles and associated emission of greenhouse gases, and pose environmental and public health risks due to inadequate onsite water and/or wastewater infrastructure.  The costs associated with these cumulative impacts are not limited to the individual; rather they are borne by the public and may lead to a pattern of land use that is not fiscally or environmentally sustainable over the long term.

A. STRATEGIC AND PLANNED SETTLEMENT

GOALS

To encourage strategic, clustered settlement patterns and foster a culture of sustainable growth management and financial accountability.

To promote healthy, vibrant and well-balanced communities.

POLICIES

1. The emphasis of future development and growth should be on existing settlement areas, where investments have already been made.
   
   
2. A growth centre strategy that prioritizes the settlement areas to which development will be directed, must be prepared by the local authority. The highest priority for directing growth should be to urban centres with diverse and widely accessible public services and amenities.
   
   
3. Municipal financial plans and capital plans should be coordinated and linked with the growth centre strategy.
   
   
4. Growth and development of settlement areas should occur in a planned and contiguous manner that emphasizes compact form. New growth areas must take place adjacent to compatible, existing development.
   
   
5. Settlements will be directed away from areas deemed vulnerable to future climate change impacts.
   
   

B. STRONG URBAN CENTRES

GOALS

To foster, maintain and enhance the strength and competitiveness of Manitoba’s urban centres.

To maximize and sustain existing investments in urban centres and ensure future investment is strategic and limits public costs.

 POLICIES

6. Development plan policies should promote a range of housing types, densities and affordability levels in urban centres to accommodate a range of income levels, the ability to age in place and diverse market demands.
   
   
7. Development plan policies should encourage intensification and reinvestment in existing areas before expansion into new growth areas.  
   
   
8. Intensification activities should not result in the loss of green space and public amenities. Wherever possible, intensification activities should contribute to the inventory of green space and public amenities.
   
   
9. To maximize existing public investments, an urban centre’s downtown or business district must be protected and enhanced through development plan policies that:
   1. direct commercial facilities, public offices, institutional facilities and large scale indoor recreational facilities which serve the whole community to the downtown/business district;
   2. ensure safe, visible and effective public access to the downtown/business district and its public facilities by public transit, and by planned linkages of the street system, public walkways, bicycle paths, green spaces, and waterfronts;
   3. encourage the preservation of heritage resources and significant structures;
   4. promote the rehabilitation and reuse of existing buildings, encouraging the multiple use of buildings and encouraging an appropriate mix of compatible land uses (including  different housing options in conjunction with other compatible uses); and
   5. support the revitalization of older neighbourhoods contiguous to the downtown/business district.
      
      
10. As an exception to Policy 2.9(a), larger urban centres may permit commercial facilities and services to locate outside of the downtown area, where the primary function has been demonstrated to serve:
    1. the travelling public. Such facilities and services should be directed to corridors identified for these uses, or to nodes that connect multiple modes of transportation; or
    2. the district or neighbourhood in which it will be located. Such neighbourhood-level facilities and services must generally be located in clusters served by collector or arterial streets, and must complement rather than duplicate or directly compete with the downtown.
       
       
11.  Regional scale commercial facilities must only occur within designated commercial areas that are identified as key nodes in the transportation system. 
    
    
12. The expansion of an urban centre must be directed away from prime agricultural land, agricultural operations and other valuable resources and/or resource-related uses so that land is not prematurely taken out of production or its use prematurely inhibited.  However, where factors such as servicing feasibility and land availability make urban expansion into these areas the best option, urban expansion will take precedence over other uses.
    
    

C. SUSTAINABLE RURAL DEVELOPMENT

GOALS

To preserve the natural and rural character of rural Manitoba and reduce the amount of land consumed, fragmented and made unproductive for resource-related uses.

To reduce the potential for land use conflicts with resource-related uses, which are the dominant and preferred land use in rural Manitoba.

To ensure that rural residential and cottage developments are well planned and do not lead to a pattern of development that creates costs for the public. 

To anticipate the growing trend of cottage developments constructed as or converting to year-round, permanent residences, and ensure that they are treated as such.

POLICIES
 

16. Rural residential and cottage development must be an alternative to the urban lifestyle and reflect rural character. They should not compete with or detract from the expansion of or development in urban centres, nor interfere with existing resource-related uses or their expansion. 
    
    
17. Rural residential and cottage development must be directed to areas designated for these uses. 
    
    
18. To preserve the natural and rural character of the area, cottage and rural residential lot sizes must not be less than fifteen thousand square feet. Further lot size requirements will be based on the type of wastewater management system provided, as outlined in the Onsite Wastewater Management Systems Regulation and Policy 6 B.11. Lot sizes should not be so large that they are wasteful of land.
    
    
19. The cumulative impacts of rural residential and cottage development must be assessed to demonstrate that additional development of these types will not:
    1. negatively impact on existing rural residential and cottage development;
    2. create the requirement for urban-like services such as commercial development, neighbourhood-scale facilities and services or institutional facilities, to serve the development.  Rural residential and cottage development should rely on nearby urban centres in the region for such services;
    3. lead to the evolution of a new urban centre; and
    4. detract from the natural and rural character that attracted development to the area.
       
       

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POLICY AREA 3: AGRICULTURE

PROVINCIAL INTEREST

Farms, today, range in size from small to moderate to very large modern business operations.  These operations generate income for rural families, put millions of dollars and thousands of jobs annually into the local and provincial economy, provide a safe and high quality supply of affordable food and agricultural products, and contribute to the well-being of all Manitobans. 

It is expected that rising fuel costs and climate change may place an increased demand on the production and protection of local food sources.  Producing food for local consumption reduces food miles travelled and consequently greenhouse gases; increases food’s nutritional content, and ensures a more secure food source for Manitobans.  The Province encourages local authorities to plan for agriculture by fostering an atmosphere conducive to agricultural production, specialization, diversification and value added processing.  This will contribute to the economic development of rural communities, reduce land use conflicts for agricultural operations and enhance the use of agricultural land for food and other agricultural production. 

Agricultural land is a valuable and limited natural resource and is the foundation of all agricultural activities in Manitoba.  Prime agricultural lands and viable lower class lands can be considered non-renewable, as once taken out of production, they are seldom returned to agriculture.  Yet, prime agricultural lands are necessary for Manitoba’s annual crop production, while viable lower class lands support forage and livestock production and grazing. Planning for the agricultural use of these lands and protecting them from conversion to non-farm use is vital to the future of Manitoba’s agricultural sector.

In reality, only about 13% of the provincial land base has agricultural potential and it is this same portion of the land base that is generally seen as the most desirable for non-farm use.  Agricultural lands face increasing pressure from residential and recreational development,but also from competing resource-related uses.  The resulting fragmentation of the land base can make it difficult for producers to farm by increasing the potential for conflict between farm and non-farm uses and inflating the cost of farm land.  The Province encourages local authorities to support the farming community by setting policies that reduce the fragmentation of the agricultural land base and protect the viability of agricultural operations.  This will encourage long-term commitment and investment from producers and enable a strong future for the agricultural sector.

A competitive agricultural industry needs a healthy environment.  Agricultural producers perform a multi-functional role as stewards of our resources and our cultural heritage.  Land use policies that protect working agricultural landscapes can also facilitate general public benefits such as clean air and water, open space, wildlife habitat and reduced downstream flooding.  The Province encourages a long-term stewardship approach to land management based on sustainable management practices.

A. PLANNING FOR AGRICULTURE

GOALS

To protect agricultural land for present and future food production and agricultural diversification opportunities.

To promote a strong agricultural sector by planning for agriculture and providing a stable environment for producers, protecting agricultural operations from encroachment by other land uses and maintaining the ability of a producer to efficiently manage, expand or diversify an operation.

To encourage environmentally sound agricultural production and development in order to ensure a sustainable agricultural industry over the long-term. 

POLICIES

1. With assistance from the Province, the local authority will identify the agricultural lands within the planning area and designate them for agricultural use.  On these designated lands, agricultural use will be given priority over non-resource related uses.  Agricultural lands include:
   1. lands with existing agricultural operations,
   2. prime agricultural land, and
   3. viable lower class land used mainly for different types of mixed farming enterprises, including crop production, forage production and livestock grazing. 
        
2. For areas designated for agricultural use, land use policies will be developed to: 
   1. protect prime agricultural land for a full range of agricultural operations; 
   2. protect viable lower class land for agricultural use, provided that it is consistent with the natural limitations of the land and does not contribute to negative environmental impacts, such as soil degradation;
   3. protect agricultural operations from new non-agricultural development which might unduly interfere with their continued operation or future expansion;
   4. foster the development of the agricultural sector in accordance with provincial regulations;
   5. encourage producers to diversify in the areas of direct-farm marketing, agri-tourism and other specialized agri-businesses; and
   6. promote a local food industry as a means of reducing greenhouses gas emissions from food miles travelled and protecting food security in a changing global climate.
      
      
3. Non-resource related uses will not be permitted on lands designated for agricultural use, except as otherwise provided for in this Policy Area.
   
   
4. Agricultural operations that carry on normal farming practices and are compliant with local by-laws and provincial acts will be protected from nuisance claims by any other person for any odour, noise, dust, smoke or other disturbance and have the right to carry on their operation and existence without fear of restriction by new land uses.  Any new users of land should be made aware of these prior rights of existing agricultural uses. 
   
   
5. To minimize further fragmentation of the agricultural land base, on lands designated for agricultural use, land will be maintained in a minimum parcel size of at least 80 acres, or 2 legal subdivisions which abut one another, except as otherwise permitted under this Policy Area. 
   
   
6. The subdivision of lands designated for agricultural use will only be considered under the following conditions:
   1. no further subdivision of the parcels created will be permitted; and
   2. the subdivision is limited to one of the following circumstances:
1. a specialized agricultural operation that requires smaller land holdings such as apiaries, nurseries and greenhouses. 
2. an existing farmstead site is no longer required as part of an agricultural operation due to farm amalgamation;
3. a residential lot is required for an individual having significant ongoing participation in the agricultural operation and deriving an income from it;
4. a single lot subdivision of a parcel of land that has been physically isolated by a transportation route or waterway and is of a size, shape and/or nature that makes farming physically impractical; or
5. a single lot subdivision for an agro-commercial or agro-industrial use, where it is demonstrated that the nature or activity of the development makes it essential to be located in an agricultural area, such as when they directly serve farm operations or process and store agricultural products.
3. only one subdivision per 80 acre title is permitted for circumstances under Policy 3.A.6 (b) i) - iii) above.
   
   
7. Non-agricultural parcels created under policy 3.A.6 (b) (ii – v) above will not be wasteful of agricultural land and will be confined to the existing shelterbelt that forms part of a farmstead site, where applicable.
   
   
8. The reconstitution of titles and/or land consolidation of existing smaller holdings with larger sized land holdings will be encouraged.

B. PLANNING FOR SUSTAINABLE LIVESTOCK OPERATIONS

GOALS 

To promote a sustainable livestock sector by planning for livestock development in order to minimize potential land use conflicts and protect the viability of producers.

To provide clarity to producers, rural residents and governments on siting considerations.

POLICIES

8. Development plans shall contain a livestock operation policy that sets out areas in which applications to develop or expand livestock operations:
   1. may be allowed;
   2. may be allowed up to a specified maximum number of animal units; and
   3. will not be allowed.
      
      
9. If there are areas in which livestock operations are limited by size or will not be considered, the development plan shall state the reasons why.  The plan shall identify the factors set out in Policy 3 B.10 that support the restriction.
   
   
10. When establishing a livestock operation policy, a local authority shall take into account:
    1. soils information identified by the Province;
    2. proximity to significant surface water bodies, such as lakes, rivers and wetlands;
    3. flood risk areas identified by the Province;
    4. groundwater vulnerability areas identified by the Province;
    5. proximity to urban centres or other settlement areas, provincial natural lands or recreational use areas designated in the development plan; and
    6. existing land uses in the area.
       
       
11. Development plans shall set out reasonable general standards respecting the siting and setback of livestock operations, in accordance with provincial regulation.  The minimum siting and setback distances are the minimum siting and setback distances that a local authority may include in its development plan.
    
    
12. To protect existing livestock operations, development plans shall establish mutual separation distances between existing livestock operations and any new or proposed:
    1. designated settlement areas;
    2. designated parks or recreational areas; and
    3. residential dwellings not associated with the livestock operation.
       
       
13. The separation distances shall be generally consistent with the standards respecting the siting and setback of livestock operations under Policy 11 above.
    
    
14. New livestock operations should not be permitted on soils determined by detailed soil survey acceptable to the Province, with a scale of 1: 50,000 or better, to have an agricultural capability of Class 6, 7 or unimproved organic soils as described under the Canada Land Inventory.
    
    
15. If detailed soil survey information is not available for the area in which a new or expanded livestock operation is proposed, the applicant may be required to provide a detailed soil survey for the site acceptable to the Province at a scale of 1:50,000 or better.

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POLICY AREA 4: NATURAL LANDS, RENEWABLE RESOURCES, HERITAGE & RECREATION

PROVINCIAL INTEREST

The Province has a public and stewardship interest in maintaining the sustainability of renewable resources, while ensuring a balance between conservation and development. Land use planning can support this interest by identifying renewable resource areasand protecting them from incompatible development, fragmentation and degradation, while at the same time, capturing the economic opportunities, environmental and social benefits and values they provide.

Natural lands and heritage resources often support traditional lifestyles and provide opportunities for aesthetic enjoyment, recreational use, tourism, cultural and heritage appreciation, and sustainable development.  In many cases, these lands help maintain life-supporting ecological processes, biological diversity and help offset and abate the potential problems of soil erosion, pollution, species extinction and climate change.  Economic benefits are also accrued from recreational use and tourism as natural lands attract visitors into the area who may purchase a range of goods and services such as guiding, accommodation, food and beverages, souvenirs, transportation needs and other recreational activities.  It is for these values and opportunities that the Province has an interest in the conservation, protection and development of significant natural lands and heritage resources through sound land use planning.

Some natural lands and heritage resources require extra protection due to their unique or representative characteristics, such as enduring features. The Province is committed to permanently protect a representative sample of each of the province’s 18 natural regions and sub-regions thereby conserving the biodiversity of Manitoba.  These protected areas may be, in whole or in part, a wildlife management area, provincial park, ecological reserve, provincial forest or other area of Crown land established by provincial legislation.  Through memorandums of agreements, private lands owned by conservation agencies are also recognized as protected areas.

Conservation of significant natural lands on private lands is also encouraged, through the use of voluntary tools such as conservation agreements.

A. PROTECTING NATURAL LANDS & HERITAGE RESOURCES

GOALS

To conserve natural lands and heritage resources and protect them from damaging uses.

To promote the compatible and sustainable development of natural lands and heritage resources to optimize ecological, heritage, cultural, health and economic benefits to communities and Manitobans.

To permanently protect a representative sample of each of the Province’s natural regions and sub-regions and conserve the biodiversity of Manitoba.

POLICIES

1. With assistance from the Province, local authorities will identify the following areas in their development plans and prepare policies to protect them from incompatible land uses and developments.
   1. provincial natural lands and protected areas
   2. heritage resources
      
      
2. When the Province establishes new provincial natural lands and protected areas every attempt shall be made by the Province to include an internal buffer to protect the critical and core portions of these areas.
   
   
3. Where provincial analysis supports the establishment of a provincial protected area, commercial logging and the development of oil, gas, mines, hydro electric development and other activities which significantly and adversely affect the habitat of the area, will be prohibited through legal means.
   
   
4. Crown land plans should identify and address the needs and concerns of local residents and communities and recognize and address First Nation and Aboriginal constitutional and treaty rights with respect to Crown natural lands and heritage resources including traditional uses, spiritual and cultural concerns and values. 
   
   
5. The conservation of heritage resources will be undertaken in a manner compatible with The Standards and Guidelines for the Conservation of Historic Places in Canada.
   
   
6. The Province will collaborate and cooperate with the local authority to identify the potential for compatible, environmentally sound sustainable development of natural lands and heritage resources, such as historic structures and sites for residential and commercial uses, heritage resources for education and tourism, and natural lands in support of ecotourism such as wildlife viewing and wilderness canoeing.
   
   
7. Abandoned or unused rail lines, train stations and grounds and road allowances determined to be significant by the Province or local authority, should be identified in development plans and policies should be established for their protection, appropriate use or development.
   
   
8. Degraded or damaged natural lands and heritage resources which are deemed significant by the Province or the local authority should be identified in development plans, and where practical prioritized for rehabilitation.
   
   
9. Significant natural lands and heritage resources should be set aside from development through appropriate mitigation and protection methods to preserve the values of these sites.
   
   

B. SUSTAINING RENEWABLE RESOURCES

GOALS

To maintain the sustainability of renewable resources and protect biological and ecological diversity.

To protect habitat through conservation, preventing habitat loss and fragmentation and by enhancing and restoring habitat.

To facilitate the sustainable use of renewable resources in an environmentally sound manner.

POLICIES

10. With assistance from the Province, local authorities will identify the following areas in development plans and prepare policies to protect them from incompatible land uses and developments. 
    1. provincial wildlife lands and provincial forests
    2. critical and significant wildlife habitat, including habitats of endangered and threatened wildlife species.
       
       
11. When the Province establishes new provincial wildlife management areas, special conservation areas and/or provincial forests, every attempt will be made by the Province to include an internal buffer as part of the provincial designation to protect the critical and core portions of these lands.
    
    
12. With assistance from the Province, local authoritieswill facilitate voluntary actions to conserve critical and significant wildlife habitat on private land. 
    
    
13. Development plans will include policies and measures to prevent and mitigate the fragmentation of critical and significant habitats and support the establishment of and protection of wildlife corridors where possible.
    
    
14. With assistance from the Province, local authorities will identify areas where sustainable forest management and harvesting is permitted or is the dominate land use, and establish policies for the integration of sustainable forest management and harvesting in areas designated for agriculture in the development plan.
    
    
15. Development should enhance, or encourage the establishment of, urban forests and green spaces wherever possible.
    
    
16. Crown landplans and development decisions must address the renewable resource needs and concerns of local residents and communities.  The constitutional and treaty rights of First Nation and Aboriginal communities with respect to renewable resources should be recognized as they relate to provincial Crown land.  
    
    
17. The Province, in conjunction with the local authority, will identify areas where there are sustainable renewable resource use opportunities and establish policies to promote activities such as wildlife viewing, tourism, ecotourism, hunting, trapping, collecting, associated service industries, timber harvesting in the development plan.
    
    
18. With assistance from the Province, local authorities will identify degraded or damaged wildlife habitats with significant wildlife potential and lands best suited for forest establishment in the development plan, and where practical, prioritize these areas for rehabilitation.
    
    
19. Development plans should include policies to encourage the establishment of woodlots and shelterbelts on lands which are not critical and significant wildlife habitats, including but not limited to:
    1. marginal land being used for agriculture, generally Canada Land Inventory classes 6 and 7 for agriculture;
    2. land susceptible to erosion;
    3. lands with recreational or wildlife suitability;
    4. lands adjacent to highways with potential to increase public safety;
    5. disturbed lands which require reclamation and rehabilitation; and encroached road allowances so as to reclaim them from unauthorized development.

C. RECREATIONAL USE

GOALS

To manage the recreational use of resources, which are recognized as valued assets and an integral part of Manitoba.

To ensure that existing and future recreational use is appropriately planned and accessible to the public.

 POLICIES

20. With assistance from the Province, local authorities will identify areas with natural resources that are suitable for outdoor recreational use. In identifying areas, local authorities should consider:
    1. areas identified by the Canada Land Inventory as having a high recreation capability; and
    2. lake carrying capacity to support recreational use
       
       
21. Outdoor recreational use must preserve the natural and/or recreational character of the resources that it relies upon and not exceed the carrying capacity of those resources.
    
    
22. Where a recreational use has a significant local or regional impact, it must be designated in the development plan.
    
    
23. Development plans should provide for adequate land to accommodate anticipated and arising recreational uses and ensure public access to recreational use areas and facilities.
    
    
24. Recreational use must be planned to minimize and mitigate any negative impacts on the natural environment and may include provisions to limit the: density of development, location of buildings, proximity of development to shorelines, clearing of land and construction.

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POLICY AREA 5: WATER

PROVINCIAL INTEREST

Sufficient quantities of high-quality water are essential to the sustained economic and social development of Manitoba.  It is a vital resource to communities and for supporting business, industry, recreational use, cultural and heritage resources.  Just as importantly, water and its aquatic ecosystems are critical to the important environmental and ecological functions that sustain healthy communities.  For these reasons, the Province is committed to encouraging land use and development that supports the sustainability of the water in the Province.

This Policy Area recognizes the value and importance of water to the Province of Manitoba and ensures that development respects its integrity.  Wise use of land and sustainable development practices will help to:

• protect quality and quantity of surface water and groundwater;
• protect important aquatic ecosystems;
• ensure clean sources of water for drinking;
• reduce risk to people and property due to flooding; and
• protect cultural and heritage resources,

while continuing to meet important needs (e.g., drinking water, agriculture, recreation, tourism, irrigation, and hydro-electric power generation).

To do so, planning for future developments must take into consideration the entire watershed.  Integrated watershed management plans,which are locally developed and approved by the Province in accordance with The Water Protection Act, address the sustainable development and management of water, land, and aquatic ecosystems through a review of the economic, social, and environmental issues within a watershed. 

An integrated approach is also critical to mitigating and adapting to the effects of future climate change, such as increases in the severity and frequency of droughts or floods. With increasing water demand from a variety of users, more water sources nearing full allocation, and the risk of drought, water scarcity is a real threat. To reduce vulnerability to such a risk, communities need to develop strategies for prioritizing water allocation and implementing water conservation measures.  Land use planning is tool for implementing these strategies and measures and can help build a community’s resiliency to risk and change.

A. PLANNING FOR WATER

GOAL

To ensure coordinated and effective planning and decision-making related to water in Manitoba.

POLICIES

1. Local authorities should collaborate/cooperate on the preparation of development plans, integrated watershed management plans and basin/aquifer plans related to the planning area to ensure they are harmonized and mutually supportive.
   
   
2. Through integrated watershed management plan and development plan processes, all water within and adjacent to the planning area should be identified.  
   
   

B. PROTECTING WATER

GOAL

To ensure the protection of Manitoba’s water and that the quality and quantity of our waterand aquatic ecosystems are healthy and sustainable for future generations.

POLICIES

3. Intensive and high-pollution risk developments will be restricted in or near water.   Where restriction is not possible, such development must be limited and may be subject to:
   1. demonstration by the proponent that no significant negative affect on water is likely to occur;
   2. the implementation of mitigation measures and alternative approaches that protect, improve or restore these areas;
   3. the preparation of a strategy for mitigation in the event that negative impacts do occur.
      
      
4.  To protect surface water quality, including drinking water sources, developments in or near surface waters and riparian areas will be restricted or limited if they:
   1. lead to the contribution of nutrients, deleterious chemicals or materials to these waters;
   2. accelerate erosion and bank instability;
   3. cause the removal of natural vegetative cover; and/or
   4. may have an impact on in-stream flows needed to maintain healthy aquatic ecosystems.
      
      
5. To ensure the protection, retention and, where required, rehabilitation of riparian areas, the following conditions apply to development along waterways or water bodies:
   1. That a minimum setback of 30-metres upslope from the normal high water mark be applied to all natural waterways and water bodies connected to the surface water network, including any ephemeral or intermittent streams and wetlands, but excluding first and second order drains;
   2. That a minimum setback of fifteen-metres upslope from the normal high water mark be applied to first and second order drains;
   3. That a setback wider than 30 metres may be applied to provincially designated or socially, historically, and culturally important waterways or water bodies with unique aquatic assemblages and species identified by the Species at Risk Act, Manitoba Endangered Species Act, or the Committee on the Status of Endangered Wildlife in Canada; 
   4. That the natural vegetative cover be retained or rehabilitated within the above setback distances;
   5. That docks, pathways, boathouses, or other alterations within riparian areas be kept to a minimum and not comprise more than 25 percent of thelength of the lot’s shoreline and incorporate best management practices; and
   6. That no alteration is made to the near shore aquatic habitat unless the activity adheres to a Fisheries and Oceans Canada Operational Statement or is reviewed by Fisheries and Oceans Canada.
      
      
6. Developments that discharge effluent, pollutants or involve nutrient applications, or that have the potential to impact water, must obtain all relevant permits and licenses as required by provincial regulations, policies and guidelines (Manitoba Water Quality Standards, Objectives and Guidelines and Nutrient Management Regulation, etc.) prior to the commencement of activity. 
   
   
7. To protect drinking water sources, local authorities will, in consultation with and on the advice of the Province, restrict or limit developments that:
   1. contribute pathogenic organisms to water that supplies drinking water systems;
   2. increase turbidity to water that supplies drinking water systems; or
   3. contribute deleterious chemicals and nutrients to water that supplies drinking water systems.
      
      
8. To protect the sustainability of drinking water sources, local authorities will:
   1. promote efficient and sustainable use of drinking water sources, including identifying and implementing practices and targets for water efficiency/ conservation;
   2. limit water extraction and consumption activities that deplete drinking water sources in either the short-term or long-term;
   3. prioritize the use and consumption of drinking water sources to those land uses and developments that require drinking water;
   4. where drinking water is not required (e.g. irrigation and industrial operations), investigate the possibilities of using water other than drinking water sources or potential drinking water sources (such as rain capture or grey water collection and redistribution).
      
      
9. Proposals for development that may have a significant impact on recharge are required to demonstrate that development will not affect the quantity and quality of the recharge of groundwater systems such that unacceptable changes occur to natural systems or to the ability of aquifers to provide groundwater for normal usage.
   
   
10. To ensure the sustainability of the aquifer, developments that require the removal of groundwater must not:
    1. allow removal to occur at rates that exceed the long-term ability of the aquifer to provide groundwater;
    2. degrade the quality of water within the aquifer;
    3. result in significant or unacceptable impacts on ecosystems reliant on groundwater discharge.
       
       
11. Local authorities, in cooperation with the Province, will identify any degraded or damaged water and, where practical, prioritize these for rehabilitation.
    
    

C. AVOIDING FLOODING AND EROSION

GOAL

To promote land use patterns and development that minimize risks to people, property and water quality from hazards and nuisances related to flooding, erosion or bank instability.

POLICIES

12. In cooperation with the Province, local authorities will identify lands subject to flooding, erosion and bank instability in their development plans and develop policies to limit development in these areas and reduce risks through mitigative measures.
    
    
13. Of those lands identified in policy 5.C.12 above, those that experience prolonged annual flooding and/or chronic erosion and bank instability must be left in their natural state. Where this is not possible, development will be restricted to low intensity uses (e.g. greenways, native haying and native grazing, outdoor recreation uses and forestry).
    
    
14. Development will only be considered on lands subject to flooding, erosion, and bank instability where the risk is eliminated or significantly reduced by mitigation.  These developments will be subject to the following conditions: 
    1. that additional risk to life, health or safety is negligible;
    2. that all structures and services (wells, septic fields, holding tanks, manure storage, etc) are protected to eliminate or minimize damages from hazards related to flooding, erosion or bank instability;
    3. that development will not adversely alter, obstruct or increase water flow, velocities (especially overbank velocities) or flood levels;
    4. that identified protection levels maintain a minimum 0.67 metre (two foot free board for lands subject to flooding);
    5. that identified protection levels incorporate effects of wind set-up and wave uprush for lands adjacent to lakes and large reservoirs;
    6. that in areas where the flooding and erosion hazard cannot be readily defined, permanent structures shall be set back from all waterways a distance of at least ten times the height of the bank above the normal summer water level or 30 metres, whichever is greater, unless a geotechnical engineering investigation shows that these limits may be altered;
    7. that public access roads to developments be maintained at the static water level in areas subject to flooding (some tolerance may be permitted in areas where roads can impede river flows; however roads must be designed and constructed in such a manner that they will remain functional under design flood conditions);
    8. that activities that accelerate or promote erosion or bank instability and the removal of natural vegetation be minimized and not allowed within the riparian area; and
    9. that natural vegetative cover is preserved within riparian areas to reduce erosion and maintain bank stability.
       
       
15. In areas where land is subject to flooding and flood protection is required, local authorities will ensure that the flood protection works are constructed in accordance with guidelines set out by the Province. Flood protection works can include options other than just pads or dykes (i.e elevated structures, wet flood proofing, structural dykes).
    
    
    

D. MANAGING WATER CONTROL WORKS

GOAL

To ensure that proposed water control works are undertaken in a manner that mitigates negative impacts on water, particularly wetlands, other resources, public and private property, riparian areas, receiving drainage works, and natural waterways or water bodies

 POLICIES

16. Any proposed water control works on private or public lands must be licensed by the Province under The Water Rights Act.  Larger projects may require an Environment Act license and projects, with potential to impact fish habitat may require approval from Fisheries and Oceans Canada.
    
    
17. Development will not result in alteration to permanent or semi-permanent wetlands by ditching, filling, subsurface drainage works, pumping, consolidation of wetlands or other means, unless it is for the purpose of flood mitigation and then the natural boundaries of permanent or semi-permanent wetlands must be maintained.
    
    
18. Developmentproposals that include crossings (bridges, culverts, and low level crossings) should be required to identify and address the following:
    1. the environmental impact on water and fisheries;
    2. the hydraulic impacts on the receiving drainage works, natural waterways or water bodies;
    3. means to minimize vegetation and soil disturbance during and following construction;
    4. erosion control measures necessary to ensure sediment is not transported offsite to storm drains or water bodies;
    5. plans for the immediate re-vegetation of the area;
    6. municipal design standards;
    7. federal and provincial Manitoba Stream Crossing Guidelines for the Protection of Fish and Fish Habitat;
    8. Manitoba Water Control Works design manual; and
    9. review by Fisheries and Oceans Canada unless it adheres to a Fisheries and Oceans Canada Operational Statement.

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POLICY AREA 6: INFRASTRUCTURE

PROVINCIAL INTEREST

Infrastructure--such as transportation, water, wastewater and storm water systems—refers to those physical elements needed to serve development. Infrastructure contributes to the health, sustainability and competitiveness of Manitoba communities by offering a higher standard of living/quality of life for those who live, work and play in those communities.

Because the costs of infrastructureare often paid through public investments, it is important that decisions about infrastructure be determined with full consideration of its impacts on future land uses, on existinginfrastructure and development , and the capacity of the community to support that infrastructure.

Decisions about infrastructure should also consider the impacts of climate change . Due to its long life span, infrastructure built today may still be in place when changes in climate have created conditions that can make that same infrastructure vulnerable. For example, warmer temperatures have the potential to cause increased melting of permafrost that could reduce the length of winter road use. Decisions about where to locate new roads, pipes and other key infrastructure facilities need to consider potential vulnerabilities and adaptation measures should be built into construction.

Through an integrated approach to land use and infrastructure planning, lifecycle costing and demand management practices, local authorities will be able to make decisions regarding the provision of infrastructure in the most economically, environmentally and socially sustainable way.

It is important to note that there are circumstances where local authorities have a limited capacity to fulfil the infrastructure needs of their communities, such as resource-based, and Aboriginal and Northern Affairs communities. In such instances, it is important that other levels of government become a partner in the provision of infrastructure and ensuring its sustainability.

A. MAXIMIZING INFRASTRUCTURE INVESTMENT

GOALS

To avoid unnecessary expansion or development of new infrastructure and ensure that investments in infrastructure can be sustained.

To integrate land use and infrastructure planning and ensure that the full costs of infrastructure (environmental, social, economic) are incorporated into the costs of development by encouraging local authorities to take a responsible and proactive approach to infrastructure.

POLICIES

1. Development plans should be coordinated with municipal financial and capital plans for investing in infrastructure to provide a coordinated decision framework for development and spending priorities within a planning area.
   
   
2. Municipal and regional infrastructure plans, including multi-modal transportation; water and wastewater; and recreation services should be coordinated with one another and the growth centre strategy.
   
   
3. The provision of infrastructure should be planned and appropriate for the type, scale and location of existing and proposed development, and should therefore consider:
   1. the full costs of the infrastructure, on a lifecycle basis;
   2. the ability of a local authority to maintain the infrastructure, on a sustainable service delivery basis;
   3. the cost-benefits of different infrastructure options;
   4. public health and/or safety; and
   5. environmental impacts, such as greenhouse gas emissions.
      
      
4.  To achieve full cost recovery, municipalities should ensure that taxes, fees/charges and rates are sufficient to generate enough revenue to cover the lifecycle costs of their infrastructure assets.
   
   
5. The costs of infrastructure provided for new development must be borne equitably by the beneficiaries of the development.
   
   
6.  Prior to investing in the expansion/extension of existing infrastructure or building new infrastructure, local authorities should optimize existing services and/or consider alternative solutions. Optimization and alternatives include, but are not limited to:
   1. emphasizing maintenance, repair and upgrades;
   2. demand side management techniques and low impact development;
   3. service-sharing with neighbouring municipalities that have excess infrastructure capacity and establishing regional-scale services or facilities.
      
      

B. APPROPRIATE WATER AND WASTEWATER FACILITIES

GOALS

To protect our environment by ensuring that wastewater is appropriately stored, treated and managed and does not deteriorate water quality in the Province.

To improve our quality of life and ensure the safety and health of residents by providing good quality drinking water at a high standard of service that is affordable and efficient.

POLICIES

7. Water and wastewater infrastructure services must be provided in a manner that:
   1. does not exceed the capacity of the water upon which such services rely;
   2. protects human health and safety and the natural environment from contaminants;
   3. meets national and/or provincial regulations and standards; and
   4. promotes water conservation and water use efficiency.
      
      
8. In settlement areas with piped water and/or wastewater infrastructure services, development not intended to be serviced by piped services must not be permitted. As such:
   1. new development must connect to those services; and
   2. existing development with onsite water and/or wastewater infrastructure will be connected to those services through a phased approach and/or in accordance with the Onsite Wastewater Management Systems Regulation.
      
      
   Exceptions to this policy may be permitted where it is demonstrated that extending piped services to a particular development is not reasonably practicable physically. In these exceptions, onsite systems in accordance with the Onsite Wastewater Management Systems Regulation must be used for wastewater management.
   
   
9. Municipalities will be responsible for ensuring that piped services are appropriately operated and maintained.
   
   
10.  Piped water and wastewater infrastructure is the preferred form of servicing for urban centres. 
    
    
11. In settlement areas with piped wastewater management systems, density of development can be increased to optimize the cost-effectiveness of the service. For rural residential and cottage development, please refer to Policy 2.C.15 for the maximum density.
    
    
12. Where development is not intended to be connected to a piped wastewater management system, lot sizes must be a minimum of 2 acres to accommodate disposal fields, or otherwise be in accordance with the Onsite Wastewater Management Systems Regulation.
    
    
13. Where development is not intended to connect to a piped drinking water system, a drinking water source must be identified that can provide a sustainable, onsite supply of drinking water over the long term.
    
    
14. Development plans should be coordinated with and make reference to local wastewater managementplans to ensure:
    1. the provision of appropriate wastewater managementas needs or standards change by:
       1. identifying those areas where piped wastewater services are planned to be provided within two to five years;
       2. assessing the cumulative impacts of increased development and/or density and determining if and when piped services should be phased in or extended to areas without piped services; and
       3. identifying how new wastewater management systems will be phased in or extended, what the costs are and how they will be recovered.
          
          
    2. the sufficient capacity of municipal wastewater management systems to accept and treat sewage, septage, etc by:
       1. getting provincial confirmation that there is sufficient capacity to accommodate new development, prior to approving new development or land use designations.
       2. identifying options and means to increase capacity where the Province has confirmed it is insufficient (innovative and inter-municipal solutions are encouraged);
       3. addressing capacity issues before approving more development reliant on disposal fields for onsite wastewater management to satisfy development pressures.
          
          
    3. any environmental and/or health problems associated with inadequate wastewater management systems, in particular those associated with onsite services, are addressed. Municipalities should identify these problems and set out plans to remediate them prior to permitting additional development.
       
       
15. Development plans should be coordinated with and make reference to local drinking water services plans to ensure:
    1. the sustainability of the drinking water sources upon which the municipal drinking water systems rely;
    2. the sufficient reserve capacity in municipal drinking water systems to accommodate new development and sustain service to existing development. Prior to approving new development or land use designations, confirmation from the Province that there is sufficient capacity is required;
    3. the provision of appropriate drinking water systems as needs or standards change by determining:
       1. if and when piped services should be phased in or extended to areas without piped services;
       2. how they will be phased in or extended, what the costs are and how they will be recovered.
    4. the efficient and sustainable use of drinking water sources, including identifying and implementing practices and targets for water efficiency/conservation;
    5. water extraction and consumption activities that deplete short and long-term supplies are limited;
    6. prioritization of the use and consumption of drinking water sources to those land uses and developments that require potable water; and
    7. the exploration of using water other than drinking water sources or potential drinking water sources in situationswhere drinking water is not required (i.e., irrigation and industrial operations).
       
       
16. Extension of an urban centre’spiped water and/or wastewater infrastructureservices beyond its boundaries must occur in a planned regional context and is permitted when:
    1. servicing areas of existing development, where necessitated by health and safety or environmental concerns;
    2. servicing a new industrial or major institutional development in a rural location; or
    3. a regional or service-sharing approach is the most cost-effective and sustainable option, and is not detrimental to the growth and development of the urban centre.
       
       
17. Prior to extending piped water and/or wastewater infrastructureservices to areas outside the urban centre, revenue sharing and joint planning arrangements must be considered.
    
    

C. MANAGING WASTE DISPOSAL

GOALS

To protect our environment by planning for effective and sufficient solid waste disposal in the Province.

To ensure that solid waste facilities are appropriately located and do not negatively impact community well-being or the environment.

POLICIES

18. Municipalities must confirm that local solid waste facilities have sufficient capacity to accommodate new development, prior to the approval of new development or land use designations. Where insufficient capacity is confirmed, municipalities should seek to remedy this (innovative and inter-municipal solutions are encouraged).
    
    
19. Solid waste facilities established to meet present and future demands for the disposal of waste generated in the planning area or region will be sited in an ecologically sound and cost effective manner. The siting process must meet the requirements of The Waste Disposal Grounds Regulation under The Environment Act.

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POLICY AREA 7: TRANSPORTATION

 

PROVINCIAL INTEREST

Transportation, including highways, roads, rail, air and marine, is critical to Manitoba’s sustainable development. By influencing where and how land is used and developed, transportation directly affects our economy, competitiveness and quality of life. As such, the Province is interested in ensuring the enhancement and protection of Manitoba’s transportation system so it can continue to move people and goods in an efficient, safe and environmentally responsible way (refer to attached map: Manitoba’s Transportation System).

The integration of land use and transportation planning will support development that is compatible with both local and provincial transportation networks.  By incorporating transportation considerations in development decisions (and vice versa), local authorities can anticipate and minimize the potential for conflicts and hazards. For example, certain land uses, depending on their type, size and operation, may have a negative impact on the function of a highway, cause unsafe conditions or accelerate the need for costly transportation upgrades. Similarly, many land uses can be negatively affected by their proximity to transportation infrastructure due to dust, noise, or odour.

To ensure Manitoba’s competitive strength in global markets, local land use decisions must support the efficiency of an interconnected and multimodal provincial transportation system that can effectively serve freight while continuing to meet mobility and tourism needs. This system must also serve new rural and northern economic trends and resource developments, as well as address the transportation access and equity challenges faced by northern and remote communities.

Through development plans, local authorities can also encourage certain development patterns, land use mixes and densities that promote transit, walking and cycling, thereby reducing the reliance on single occupancy vehicles. Such planning supports Manitoba’s Kyoto commitments to reduce greenhouse gas emissions and improves sustainability by providing a range of accessible transportation options that minimize negative impacts on the environment, stress on existing infrastructure and the cost of future infrastructure development.

A. INTEGRATED TRANSPORTATION SYSTEM

GOALS

To enhance the integration and connectivity of the transportation system, across and between modes, for people and for freight.

To increase connectivity between routes and linkages between land uses and developments.

POLICIES

1. To support an integrated transportation system across Manitoba that provides adequate transportation facilities and services to meet current and future travel needs, local authorities should prepare transportation plans that address the following issues:
   1. asset management – inventory locally-owned transportation assets (e.g. roads, trails, sidewalks, intersections, etc) within the planning area as well as important regional assets;
   2. functional classification – identify a road hierarchy for local roads and their place within the regional and provincial transportation system; determine the functions and significance of these roads and ensure they are integrated into the overall network;
   3. define major nodes – identify multi-modal/inter-modal transfer points at high volume junctions to act as act as focal points within the regional transportation network; develop strategies to enhance and protect these nodes;
   4. safe mobility - identify existing safe and convenient transportation facilities for biking, walking and for use by the mobility challenged; encourage appropriate enhancement of those facilities, and address safety concerns around intersections and major transfer nodes;
   5. connectivity - identify gaps in connectivity in the local/regional transportation network that impede flow or access;
   6. level of service - determine the level of service (i.e. traffic capacity) for roads, transit routes, bike lanes and walkways;
   7. traffic management - forecast traffic over a defined planning timeframe; compare with projected land use to ensure consistency; develop an access management plan based on the functional classifications identified;
   8. system improvements - identify system expansion needs and a management system to meet these needs; outline transportation demand management measures.
      
      
2. Transportation plans should be integrated with local development plans and any regional strategies, as well as a municipality’s financial plans and capital budgets to ensure strategic decision-making and investments.
   
   
3. In collaboration with the Province, local authorities will incorporate all provincially approved plans for highway system upgrading or enhancement into development plans for information and to support planning purposes.
   
   
4. To ensure an integrated transportation system, local authorities should work with neighbouring jurisdictions and the Province to link transportation across regions.
   
   
5. Development plans should promote and identify multi-use transportation corridors where major utilities, trails and other transportation rights of way can share space.
   
   
6. To ensure compatibility between development and the transportation network and minimize potential conflicts, transportation and development decisions should be coordinated. As such, development plans will include policies to:
   1. restrict proposed development that may be negatively impacted (e.g., traffic noise, dust, hazardous goods, etc.) by its proximity to the major transportation infrastructure, unless suitable mitigative measures are incorporated in the development;
   2. restrict new residential development in areas that do not meet the national noise exposure standards in the vicinity of airports/airfields (refer to Transport Canada’s publication on Land Use in the Vicinity of Airports);
   3. require that noise insulation measures for buildings, based on noise exposure information, be incorporated into development near airports;
   4. limit the height of structures/buildings in the vicinity of airports and runways so as not to restrict or interfere with aircraft operations (refer to Transport Canada’s publication on Land Use in the Vicinity of Airports);
   5. limit the use of lighting that could affect aircraft safety during land and takeoffs (refer to Transport Canada’s publication on Land Use in the Vicinity of Airports);
   6. impose limits on land uses that could generate smoke, steam, dust or other airborne material that may affect aircraft and vehicle operations;
   7. restrict land uses in the vicinity of airports that could attract birds (refer to Transport Canada’s publication on Land Use in the Vicinity of Airports).
      
      

B. PROMOTING TRANSIT AND ACTIVE TRANSPORTATION

GOAL

To foster land use patterns and development design that caters to public transit users, cyclists, pedestrians and the mobility challenged, and reduces reliance on the automobile and its associated greenhouse gas emissions/air pollution/congestion.

POLICIES

7. All modes of transportation, particularly more active and environmentally sustainable forms such as walking, cycling and public transit, should be facilitated through development plans.
   
   
8. Development plan policies should support increased densities and mixed land uses in appropriate locations to reduce the number and length of vehicle trips, increase opportunity to use public transportation, and encourage pedestrian and bicycle trips.
   
   
9. To reduce reliance on the automobile, development plans should include policies to promote walkable and transit-supportive communities. Such policies could promote:
   1. the mixing of compatible land uses instead of separation;
   2. linkages between public transit, streets, sidewalks, river corridors, pathways and green spaces that form an interconnected network to connect communities;
   3. the use of abandoned transportation corridors for public transit and trails;
   4. street designs with direct connections that reduce walking times, over those with infrequent intersections;
   5. the incorporation of bicycle paths and sidewalks into the existing built up area and into the design of new developments;
   6. the inclusion of public transit routes where it is planned or available; 
   7. pedestrian, cyclist and public transit user access in developments catering to the public, such as schools, shopping, employment, health and recreation related facilities;
   8. the concentration of high trip generating uses and public spaces in or adjacent to existing or planned transit stations and stops to enhance the viability of transit.
      
      
10. Where public transit exists or is anticipated, itshould be integrated into the local transportation plan.  Transit planning considerations should identify:
    1. the public transit needs in the planning area, based on background studies, the development plan and growth centre strategy;
    2. areas where public transit exists, locally or regionally, or the feasibility of providing transit service; and
    3. ‘nodes’ and ‘corridors’ for transit-oriented development (TOD), where higher density, mixed use development can be directed;
    4. transit supporting measures, such as:
       1. the location of transit stops within reasonable walking distances (e.g. 200 to 400 metres) from residential, commercial/business and institutional areas;
       2. the establishment of safe and secure park and ride facilities at appropriate locations; and
       3. the implementation of transit priority measures to assist in the unrestricted flow of transit vehicles and overall efficiency.
11. Public transit considerations should be incorporated into the design of affordable housing developments.
    
    

C. SAFE AND EFFICIENT MOVEMENT OF GOODS AND PEOPLE

GOALS

To increase trade and tourism by promoting the efficient and fluid movement of freight and people.

To increase the safety and security of Manitoba’s transportation system for motorized and non-motorized users.

To protect public investments in transportation by ensuring land use planning and decisions preserve the efficiency and safety of the transportation system.

POLICIES

12. To protect Manitoba’s Trade and Major Tourism Routes, direct access to these routes will be restricted to development, in accordance with The Highways Protection Act.
    
    
13. Development which contributes to the evolution of a row of lots with provincial highway frontage whereby direct connections to a provincial highway are continuously relied upon for providing access (strip development) will not be permitted. Exceptions may be considered on Regional Highway Routes where adjacent development has already occurred to the extent that this policy can no longer be fully applied, as is the case in some urban centres.
    
    
14. Land uses and developments that have broad public impact should be assessed by the local authority. For example:
    1. areas where land uses have been concentrated, such as an urban centre or commercial corridor;
    2. large scale developments, such as a multi-lot residential subdivision or industrial park;
    3. those developments whose nature or activity is dependent on transportation, such as freight companies; and
    4. regional destinations/attractions, such as recreation, shopping and tourism areas.
       
       
    Local authorities will ensure that a qualified engineer assesses proposals for development to determine their traffic and safety implications, access needs, upgrades, and improvements to local and provincial transportation systems and share it with the Province.  If it is determined that the impacts of a development will affect provincial transportation facilities, the proposal will be submitted to the Province for review, along with appropriate mitigation measures.

15. Development plans should direct development to those areas that already have an improved intersection in place or rely on an internal road system for access.
    
    
16. Development that may negatively affect plans for road widening or expansion will not be permitted unless provisions suitable to the road authority are made to accommodate future widening or expansion.
    
    
17. The cost of any provincial highway improvements (e.g. design, construction, traffic control devices, drainage, etc.) required to accommodate a development will be the responsibility of the developer, unless otherwise determined by the Province.
    
    
18. Expansion of existing areas of development that are bordered on one side by a provincial highway, a major road or rail line, should be kept to the developed side of the transportation corridor so as not to jeopardize transportation facility user safety and efficiency.
    
    
19. Developments proposed in the vicinity of provincial winter roads, future seasonal corridors, ferry docking facilities and ports that may have a detrimental impact on the operation, safety, function and expansion of these facilities will not be permitted unless appropriate mitigative measures can be incorporated into the development at the developer’s cost. 
    
    
20. All airports and intermodal facilities shall be protected from incompatible land uses that may adversely impact their operation and/or endanger public safety or create a potential safety hazard.
    
    
21. New developments or land uses must be planned and designed to negate the need for new at-grade rail crossings.
    
    
22. Development that will generate truck traffic requiring heavier loading than that is allowed on a provincial highway or local road shall not be permitted unless appropriate highway loading improvements are incorporated with cost borne by the developer.

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POLICY AREA 8: MINERAL RESOURCES

PROVINCIAL INTEREST

Mineral resources are non renewable resources that are indispensable in our daily lives; however their contributions to our material well-being are often overlooked. Manitobans use minerals in many forms and combinations and incorporate them into a wide range of products. For example, the nickel, copper and zinc produced in Manitoba mines are essential in the manufacturing of products such as buses, airplanes and health care equipment.  Mining is also a vital component of the economy.  It provides significant employment opportunities and is the second leading primary resource sector after agriculture.  Much of Manitoba’s mineral product is exported and significantly contributes to the Province’s merchandising export.

As provided for in The Canadian Constitution, Manitoba has ownership and authority of its mines and mineral underrights, including royalties.  Manitoba has a system of dual land tenure where surface rights and mineral underrights can be separate and owned by different parties.  A parcel of land or title may be owned, leased, managed and used by different parties where separate tenure regimes can exist and create potential for access, use and occupation conflicts.  A valid mineral disposition grants the holder the legal right to access the surface of the land for exploration, extraction and development purposes. It is in the provincial interest to honour mineral access and development rights associated with mineral disposition and ensure that appropriate security of tenure is achieved.

Mineral exploration and development is an interim land use and access to lands containing mineral potential are essential to ensure the availability of construction materials for provincial infrastructure requirements and other materials that contribute to Manitobans’ economic and social well-being. 

Manitoba’s aggregate and quarry minerals industry produce essential raw materials that are required to support private and public sector construction and infrastructure needs. This non-renewable resource has no cost-effective substitute for most end uses, and is therefore in the public interest to protect high quality aggregate and quarry mineral resources from conflicting surface land uses to minimize both construction and environmental costs. Quarry mineral extraction, particularly aggregate is Manitoba’s largest mining sector by land area disturbed and volume produced.

GOALS

To ensure access to mineral, oil and gas resources and the development rights associated with disposition by protecting economically valuable mineral, oil and gas resources from land uses that would preclude exploration, extraction and development.

To provide long term security and access to high and medium potential mineral lands.

POLICIES

1. With assistance from the Province, Manitoba’s mineral, oil and gas resources, including lands containing high mineral potential, such as greenstone belts and the Thompson Nickel Belt, will be identified in development plans and protected from conflicting surface land uses that could interfere with access to these resources. 
   
   
2. The Province will designate areas of “High”, “Medium” or “Low” mineral, quarry mineral, metallic mineral and oil and gas potential on maps for all regions of Manitoba and share them with local authorities for land use planning purposes.
   1. An area designated as being “High” mineral, quarry mineral, metallic mineral and oil and gas potential is an area that contains a known valuable mineral, quarry mineral, metallic mineral and oil and gas deposit or an area of high mineral, quarry mineral, metallic mineral and oil and gas discovery potential.  Lands containing a valid mining claim, or quarry mineral lease in good standing is considered to be an area of high mineral potential within the context of this policy.  Mineral exploration and extraction should be considered to be the dominant land use in lands designated as high mineral potential. 
      
      
   2. “Medium” indicates a mineral, quarry mineral, metallic mineral and oil and gas deposit which is not of high quality or which has not had its full potential proven.  Lands containing an exploration licence or quarry exploration permit are areas of medium mineral potential within the context of this policy. Conflicting surface land uses may be approved after provincial consultation and approval.
      
      
   3. “Low” indicates a mineral, quarry mineral, metallic mineral and oil and gas deposit or mineral resource area of little or no present recognizable value.
      
      
3. Mineral, oil and gas exploration, extraction and development are heavy industrial land uses and the activity must be located as close as practical to the mineral, oil and gas resource.  Land uses on the surface of and adjacent to mineral, oil and gas resources must be compatible with exploration, extraction and development activities. Appropriate buffers will be created and enforced to ensure that adjacent land uses do not unduly restrict mineral, oil and gas exploration, extraction and development.
   
   
4. The mineral tenure system and rights must be effectively integrated into provincial land and resource planning regimes.  Manitoba and other planning jurisdictions will honour valid mineral access rights and ensure that appropriate security of tenure is achieved.
   
   
5. Mineral exploration should be considered the dominant land use on lands containing a valid mining claim or quarry mineral lease where existing surface land use allows for mining.
   
   
6. Mineral exploration and development is an interim land use. A non-conflicting land use should be applied to the surface of a high quality quarry mineral deposit or area of high quality metallic mineral discovery potential prior to development. 
   
   
7. Mineral exploration must be undertaken in an environmentally responsible manner and best environmental management practices will be adopted as part of the exploration program. The Principles of Sustainable Development have been codified in The Mines and Minerals Act and will be used to manage all activities of the mining, oil and gas industry.
   
   
8. Surface land uses approval for mineral exploration, including all relevant permits and licences authorized by Manitoba law, must be obtained prior to the commencement of exploration activities.
   
   
9. Lands disturbed by mineral, quarry mineral, metallic mineral or oil and gas exploration or development, in accordance with The Mines and Minerals Act, The Oil and Gas Act and The Environment Act, will be reclaimed to a condition that is environmentally safe, stable and compatible with adjoining lands. On prime agricultural land, rehabilitation of the site will be required to restore soils to the same average soil quality for agriculture of the surrounding lands. A Mine Closure Plan, together with the appropriate financial security, shall be submitted and approved by the appropriate regulatory authority prior to local planning approvals being granted.

POLICY AREA 9: CAPITAL REGION

PROVINCIAL INTEREST

Although it makes up only 1.2% of the Province’s total land base, the Capital Region is home to over two thirds of Manitoba’s population, with the city of Winnipeg as its economic centre.

Winnipeg’s unique status as the economic and population centre of Manitoba makes it especially significant to the Province and therefore appropriate that the provincial government, representing all Manitobans, pay attention to how Winnipeg and the surrounding municipalities that make up the Capital Region grow and develop. It is important to the Province that planning in the Capital Region supports sustainable and strategic development and takes advantage of the opportunities that make it competitive with other similar regions in Canada.

The Capital Region is a unique part of Manitoba as it relates to land use and development .  The small size of the region relative to the scale and variety of land uses and interests within it increases the potential for land use incompatibility and conflict.  For example, the Capital Region is located within the Red River Valley, which is home to some of the best agricultural soils in Canada, but also to major flooding.  For the Capital Region to develop in a smart and sustainable manner, land use planning must guide development in such away that it allows for growth, while protecting these valued lands and ensuring safety from flooding.

Additionally, many issues are inter-municipal in nature (such as transportation, drainage, watersheds, etc) and development in one municipality will often impact on another. Such situations can lead to conflict, but with cooperation, can be avoided or minimized. For these reasons, the Province is interested in fostering a coordinated and regional approach to planning and development in the Capital Region.

 GOAL

To develop a safe, healthy and prosperous Capital Region with a strong core city, through strengthened regional cooperation and partnerships.

 POLICIES

1. To ensure Manitoba’s Capital Region is competitive with other Canadian urban-centred regions, governments in the Capital Region should collaborate on strategies to guide the future growth and development of the region.  Regional strategies could include:
1. sustainable economic development;
2. immigration;
3. growth management;
4. transportation network integration;
5. natural lands and heritage resources;
6. tourism and recreational development;
7. water quality and supply;
8. agricultural lands protection and diversification; and
9. any other regional strategy that may be determined through consensus.

2. Ensure that the Capital Region’s key potential economic development advantages are protected and capitalized upon, such as:
1. existing inter-modal transportation facilities and opportunities to enhance multi-modal transportation operations;
2. the Mid-Continent Trade Corridor for air, rail and truck transport industry development;
3. the Twenty-four hour operation status of the Winnipeg James Armstrong Richardson International Airport and industrial clustering of development in the vicinity of the airport;
4. the clustered bio-medical facilities in Winnipeg; and
5. any other emerging sectors of economic growth identified by Capital Region governments.
   
   
3.  To ensure Manitoba’s Capital Region is enhanced as an attractive place to live, local authorities in the Capital Region should coordinate and cooperate on their plans for the provision of:
1. a range of community housing and transportation options, including housing types and densities and access to public services by foot, bicycle or automobile efficient, environmentally sound and sustainable public services;
2. a diversity of recreational, cultural and educational amenities;
3. safe and healthy neighbourhoods;
4. efficient, integrated public transportation services on a regional scale and reducing the reliance on the automobile;
5. interconnectivity  to parks, open spaces, natural lands, wildlife areas, heritage resources and waterfronts in the Capital Region by bicycle and pedestrian pathways or trails;
6. improved riparian area management in the Capital Region to complement other measures that protect water quality and to enhance the stability, biodiversity, and aesthetic appeal of the Capital Region waterways; and
7. a human-wildlife conflict co-management strategy to reduce the negative interaction between people and wildlife through vehicle collisions, etc.

4. In support of a strong core city for the Capital Region and to build on Winnipeg’s existing infrastructure, Winnipeg will be the priority for economic development initiatives and its inner city and downtown will be the priority for renewal and revitalization.

5. Development plans for urban centres in the Capital Region should embrace the concept of “liveable communities” by adopting policies that support mixed use development and live-near-your-work.

6. Encourage efficient and cost effective provision of public services by collaborating on the potential for regional services and revenue sharing.
   
   
7. Promote regional consistency by encouraging the coordination and integration of planning policies prepared by local authorities in the Capital Region.

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