Manitoba
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Manitoba Local Government

Land Use and Development

Planning FAQS

General


Development Plans


Zoning By-laws


Subdivisions


Why does the Province have a role in land use planning and development?

Under the Canadian Constitution, the Province is ultimately responsible for management of its land and resources. The Province recognizes that how land and resources are used and developed has significant impact on the sustainability of Manitoba; as such it has established land use planning legislation and regulations to ensure the land and resources are used/developed in a sustainable manner.


What is The Planning Act?

The Planning Act outlines the legislative framework for planning on private land in Manitoba, outside the City of Winnipeg (development in Winnipeg is legislated through The City of Winnipeg Charter). The first Planning Act was adopted in 1916 (the first of its kind in Canada), with new Acts in 1964, 1976, and most recently, 2006.

There are four Regulations under the Planning Act:


What is the Provincial Planning Regulation?

Originally adopted in 1980, amended in 1994 and most recently redrafted and adopted in 2011, the Provincial Planning Regulation represents the provincial interest in land, resources and sustainable development. This regulation provides policy direction for a comprehensive, integrated and coordinated approach to land use planning and serve as a guide to planning authorities (including Winnipeg) in preparing, reviewing and amending development plans and regional strategies. A development plan or regional strategy must be generally consistent with the Provincial Planning Regulation.


What is a Planning Authority?

A Planning Authority includes the board of a planning district or the council of a municipality that is not part of a planning district, as defined under sections 13 and 14 of The Planning Act.

A planning district board is responsible for: adopting and administering its DP in accordance with the Provincial Planning Regulation; administering zoning, building and development by-laws on behalf of member municipalities; reviewing subdivisions, and if an Approving Authority, approving/rejecting subdivisions and processing the applications; and acting as the appeal body on zoning by-laws.

A municipal council is responsible for: adopting and implementing a development plan in accordance with the Provincial Planning Regulation (where no planning district is in place); adopting (and administering where no planning district is in place) zoning, development and building by-laws; approving conditional uses and variances; and reviewing subdivisions.


What is an Approving Authority?

The Approving Authority is the Minister of Local Government. However, Section 10(1) of The Executive Government Organization Act provides that where a certain power or authority is granted to, or vested in the Minister, the Minister may, by written authorization approved by the Lieutenant Governor in Council, delegate that power or authority to any person employed under the Minister in the executive government, subject to such limitations, restrictions, conditions and requirements as the Minister may impose and as are set out in the written authorization.

At the request of a planning district board, the minister may authorize the board to act as the approving authority for subdivision control (Planning Act, s. 120). This authority has been delegated to five planning districts:

  • Brandon and Area Planning District
  • Selkirk and District Planning Area
  • South Interlake Planning District
  • Cypress Planning District
  • Lac Du Bonnet Planning District

What is a Regional Strategy?

The boards or councils of two or more planning districts or municipalities, or any combination thereof, may develop a regional strategy for the area under their jurisdiction. The purpose of a regional strategy is to improve and coordinate land use and development in the region, and promote cooperation in the delivery of services and development of infrastructure in the region.

For details on what a Regional Strategy should include, check out section 5(3) of The Planning Act.


What is a development plan?

A development plan is a by-law which outlines the long term vision and goals of a community and is used to guide development within the planning area of a municipality or planning district.

The Planning Act requires all planning authorities (municipalities and planning districts) to adopt a development plan by January 1, 2008. A development plan must:

  1. set out the plans and policies of the planning authority respecting its physical, social, environmental and economic objectives;
  2. through maps and statements of objectives, direct sustainable land use and development in the planning area;
  3. set out measures for implementing the plan; and
  4. include such other matters the Minister or the Board or Council considers advisable.

When adopted, a development plan replaces the Provincial Planning Regulation. For this reason, a development plan is jointly developed with the Province to be consistent with the Regulation before it is approved by the Minister of Local Government.


How is a development plan relevant to my subdivision application?

A development plan provides policy guidance on where land uses may or may not occur in a community, and will specifically include policies on subdivisions. All land uses and development must conform to the policies in the plan and requirements contained in the zoning by-law. If a subdivision application is inconsistent with, or does not confirm to the plan or zoning by-law, it must not be approved. The development plan must then be amended before a subdivision application can be considered.


Can a development plan be amended?

Because development Plans are medium to long range policy documents, they normally require a detailed review every five years. This must include a comprehensive examination of the plan and public consultations. However, if the local planning authority believes a specific change to the plan is important, the plan can be amended between comprehensive reviews, with approval from the Minister of Local Government.

A development plan amendment may be initiated by the board or council, or through an application made to the board or council by the owner of the affected property, or a person authorized in writing by the owner. There is typically a fee involved in applying for a development plan amendment.


What is the development plan amendment process?

The board or council will draft a by-law with respect to the amendment and if that by-law is deemed to have merit, the board or council may give the by-law first reading. Between first and second reading of the development plan by-law amendment, the board or council must hold a public hearing to receive representation from any person on the proposed development plan amendment.

See process chart for more detail


How can I be involved in a development plan review?

Development plans are reviewed and readopted periodically by the board or council to keep the policies and maps in the plan current and to account for changes in planning direction and community needs.

Through the review process, there are a number of opportunities for public involvement. The review is initiated by the board or council and will typically involve information sessions in order to receive representation from the public on any changes proposed in the new development plan. These information sessions will be advertised throughout the planning district or municipality. After the review is complete and a new plan has been prepared, it will be given first reading by the board or council. Prior to second reading of the by-law, the board or council must hold a public hearing to receive representation on the plan.

If there are objections at the public hearing, those making objections also have an opportunity to submit their objections to the Minister of Local Government. It is then up to the Minister to make a decision to approve, approve with conditions or reject the by-law, or refer it to the Municipal Board. If the Minister refers it to the Municipal Board, those who submitted objections are given an opportunity to make representation at a Municipal Board hearing.


What is a Secondary Plan?

A board or council may, by by-law, adopt a secondary plan to deal with objectives and issues within its scope of authority in a part of the planning district or municipality, including, without limitation, any matter

  1. dealt with in the development plan by-law;
  2. dealing with subdivision, design, road patterns, building standards or other land use and development matters; or
  3. respecting economic development or the enhancement or special protection of heritage resources or sensitive lands.

A secondary plan by-law must be consistent with the development plan by-law and is subject to the same hearing and approval process required to adopt a zoning by-law.

What is a zoning by-law?

A zoning by-law is a tool used by the planning authority to implement development plan policies and typically represents what is 'on the ground'. Zoning by-laws are guided by and must generally conform to the development plan. Zoning works by regulating the use of land and the use and location of buildings and structures. It includes both text and maps.

The Planning Act requires every municipality or planning district in Manitoba to adopt a zoning by-law within one year after adopting a development plan by-law, or must amend its existing by-law by January 1, 2008. A zoning by-law must:

  1. divide the municipality or planning district into zones;
  2. prescribe permitted and conditional uses for land and buildings in each zone; and
  3. set out the procedure for applying for and issuing development permits, non-conforming certificates, zoning memoranda and other similar documents, including the classes of minor development, if any, that do not require a development permit.

How does a zoning by-law differ from a development plan?

The development plan by-law provides general planning direction and policy to guide development in line with a community’s goals. The zoning by-law is a tool used to implement and regulate development to ensure it is consistent with this direction and policy.

Overall, development plans are more general than zoning by-laws, which are more specific. For example: A development plan might designate an area as ‘residential’, while the zoning by-law will zone it for a specific kind of residential use—like multi-family or single family. Zoning also requires specific building standards such as height, location, yard sizes, fence heights, parking, etc).


Can a zoning by-law be amended?

Yes. A zoning amendment will be required if a property owner, the community or council wishes to change the provisions or requirements of the by-law. This may involve changes to the text or zoning maps in order to:

  • add or delete permitted or conditional uses in zones;
  • add or change the regulations or standards for zones or uses; or
  • create or change zones and their boundaries.

The amendment must conform to the development plan policies and be compatible with existing and future land uses.


What is the zoning by-law amendment process?

The process for amending a zoning by-law is the same as that for adopting one.

The board or council will develop an amendment by-law and if that by-law is deemed to have merit, the board or council may give the by-law first reading. Between first and second reading of the zoning by-law amendment, the board or council must hold a public hearing to receive representation from any person on the proposed zoning amendment.

See process chart for more detail.


What is a non-conforming use?

From time to time new zoning by-laws are adopted which result in an existing building or the use of a building or land, no longer conforming to the zoning. Planning law deals with these situations by providing certain rules so that the existing non-conforming building or use may continue. A certificate issued by the planning authority can verify a legal non-conforming use.


How is the zoning by-law relevant to my development/subdivision application?

Each application is reviewed against the zoning by-law to determine if it conforms to the list of permitted or conditional uses and site requirements.


What if my development proposal doesn’t meet zoning by-law requirements?

It is generally expected that developments be designed to meet the requirements of the development plan and zoning by-law. Applications for new land uses or buildings that do not meet the current zoning by-law will not be approved unless a zoning amendment is made or a variance order is given.


What is a Variation Order?

In specific situations where compliance with the zoning regulation is unreasonable or impractical, a property owner can apply to council for approval of a variation. Typically a variation would provide specific 'relief' from the zoning requirements governing: height, site area, width or coverage, building floor space, minimum yards, dwelling unit density or parking and loading requirements, as they apply to an individual site.


What is the process in applying for a variation order?

Neighboring property owners are notified of the variation application and are advised that council will sit as a ‘variation board’ on a specific date to hear representation from those who might be affected by the variation. Once council has heard all parties, it may grant or refuse the variation order. Council’s decision is final. There is no appeal.

See process chart for more detail.


What is a conditional use order?

A zoning by-law will identify, within a specific zoning category, whether the use of land or a building is permitted or conditional. A conditional use is one that is generally consistent with other uses in the zone and which may be allowed under certain circumstances at a municipality’s discretion. Identifying conditional uses in a zoning by-law allows for site specific factors to be considered in approving a development.


What is the process in applying for a conditional use order?

Public notification and hearing of a conditional use application is required, and conditions may be attached to a decision. Under The Planning Act, council makes a decision on a conditional use application and it is final. Manitoba is the only province that allows for a public hearing on a conditional use in addition to the original public hearing on the zoning by-law.

See process chart for more detail.


What is a Planning Commission?

The purpose of a planning commission is to assist the board or council in administering the zoning bylaw. A planning commission can help handle some of the planning-related workload that would otherwise have to be dealt with by the board or council. Since a planning commission can have members that are not members of the board or council, it can be a way to involve people who are knowledgeable or interested in planning matters.

Under The Planning Act, a planning commission may be established by

  1. the board of a planning district that has adopted a district-wide zoning by-law; and
  2. the council of a municipality that has adopted a zoning by-law.

What is a subdivision?

A subdivision is the division of a parcel of land described on a Certificate of Title. A subdivision occurs when a single land title is split into two or more parts, property boundaries are rearranged, or a lease, mortgage or other instrument is registered that has the effect of subdividing the parcel.

Whatever the size of the subdivision or its purpose is, it will be up to the planning authority to decide whether or not it is desirable and conforms to local land use by-laws and plans.


How do I subdivide my land?

See Step 1 and Step 2 in A Guide to the Subdivision Process in Manitoba.

To download a subdivision application form, please Click here (pdf).


Where do I send my subdivision application?

The Minister of Local Government is the Approving Authority for subdivisions outside of the City of Winnipeg. This responsibility has been delegated to certain planning districts or to the regional offices of the Community and Regional Planning branch of Local Government. To find out what regional office and/or planning district services your community, click here.

In the City of Winnipeg, applications are sent to The Land Development Branch of the Planning, Property and Development Department at 65 Garry Street in Winnipeg. The office general inquiry telephone number is 204-986-3942 and the fax number is 204-942-3820.


What is the application process and how long will it take?

The application process (outside of Winnipeg) is described in Step 3 to Step 8 in A Guide to the Subdivision Process in Manitoba. The length of time an application will take will vary depending on a number of factors including:

  • whether the applicant has provided sufficient information for all government departments to provide comments on the proposal;
  • how often the local council or planning district board meets;
  • whether any conditional use orders, variation orders or zoning by-law amendments are required;
  • how quickly a subdivision applicant meets all of the conditions of approval for their subdivision to enable the Approving Authority to issue a Certificate of Approval.

The subdivision application process can be shortened for minor subdivisions that conform to the development plan and zoning by-law and do not propose the creation of any public roads (Step 4 and Step 5 are removed from the process). A minor subdivision includes those that propose realigning the boundaries of two or more adjacent parcels without creating any additional parcels and those that propose creating a single additional lot within a city, town, village or local urban district.

See process chart for more detail.


Who approves a subdivision application?

A subdivision approval is twofold. The subdivision must be approved by resolution of the municipality in which the parcel of land is located and by the Approving Authority. Approving Authority has been delegated to five planning district boards who requested this authority.


How much will it cost to subdivide my land?

Where the Minister is the Approving Authority the fee to apply for a subdivision is $290. If the subdivision application is approved, the approval fee is $175. If the subdivision results in the creation of more than one lot, there is an additional $175 approval fee per additional lot created.

Planning districts with delegated subdivision approval authority have the authority to set fees at or above the level charged by the Department of Manitoba Local Government.

Other costs to consider when applying for a subdivision include:

  • Surveying costs;
  • Municipal lot approval fees;
  • Costs associated with obtaining any conditional use orders or variation orders that may be required;
  • Costs associated with any zoning by-law amendments or development agreements that may be required;
  • Costs associated with providing any additional information that may be required as part of the subdivision review (such information may include septic field suitability studies, drainage and topographic information or supply and demand analyses);
  • Costs to register the new parcels created by the subdivision as per The Land Titles Fee Registration under The Real Property Act.

What is a development agreement?

Planning legislation authorizes planning authorities to enter into a development agreement with a proponent as a condition of making certain planning decisions, such as a re-zoning or a subdivision. In some cases, municipalities may require a development agreement as a condition of approval in granting a variance or conditional use, although the planning law is not clear on this authority.

A development agreement relates to the proposed development and in most cases, runs with the land referred to in the agreement. It is usually registered in the Land Titles Office.


What are development charges?

Development charges are fees that are collected by a municipality to offset the costs of infrastructure needed to serve an expansion, new development, redevelopment or an intensification of use of a property. The fees are pooled in special reserve accounts and then used to fund the construction of off-site public services (such as: roads, sewers, drainage, watermains, parks and traffic signals) made necessary by the development.

The Planning Act makes provision for municipalities to collect development fees through the re-zoning, subdivision, variance or conditional use processes. A council may also, by by-law, set the levies to be paid by applicants to compensate the municipality for the capital costs specified in the by-law that may be incurred by the subdivision of land.

When a development is permitted in a land use zone, however, there is no provision for fee collection. This means that the municipal tax base, rather than the land owner, must pay for the costs of new or upgraded infrastructure to service a proposed development. Significant public sector costs can result when the principle of the user or benefitter paying is not extended to all types of new developments.

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