(c) registering the approved by-law and, if required by a district registrar, a plan in the appropriate land titles office. With the exception of Part 8 (Subdivision Control), when this Act is being applied to Northern Manitoba, a reference in any provision of this Act to "the minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act. The minister may disallow a development plan by-law or a zoning by-law filed under subsection (1), in whole or in part, by written notice to the community council. and adopt plans and bylaws, receive and approve subdivision and development permit applications, and in some cases, to establish boards to hear most appeals of planning decisions. If the minister is satisfied that a board or council has used its best efforts to comply with section 201 and 202, the minister may, by written notice to the board or council, extend the time for it to comply with those sections. Amendments to a regional strategy may be made at any time. (« lotissement mineur »), "railway line" means the track, land and structure on which a railway may be operated and includes all extra rights of way, auxiliary tracks, spurs, wyes, sidings, station grounds and yards. (f) promote public participation in the development of land use and development policies. (b) by the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council. (« parcelle de bien-fonds »), "planning commission" means a planning commission established under Part 3. Subsections (4), (6) and (7) do not apply in respect of a minor subdivision if the approving authority is the council. The Inland Port Special Planning Authority consists of the following members appointed by the Lieutenant Governor in Council: (a) two representatives of the Rural Municipality of Rosser, at least one of whom must be a member of council, nominated by resolution of the council; (b) a representative of The City of Winnipeg, nominated by resolution of the council; (c) a representative of CentrePort Canada Inc., nominated by CentrePort Canada Inc.; (d) a representative of Winnipeg Airports Authority Inc., nominated by Winnipeg Airports Authority Inc.; If additional land is included in the Inland Port Special Planning Area, the Lieutenant Governor in Council may make regulations. Cut Subdivision Time in Half. Upon receiving an application, the approving authority must, in accordance with the regulations. A decision to reject an application for a minor subdivision may be made only by a resolution of council, and no designated employee or officer may be authorized to make such a decision. Any condition recommended or required by a government department or other entity to which the application was referred by the approving authority. Subject to section 123 (restrictions on approval), the Municipal Board must make an order, (a) rejecting the proposed subdivision; or. (b) as an exception to section 125, provide that the application is to be referred to a designated employee or officer of the municipality and authorize the employee or officer to approve the application. (b) hear and decide the appeal, if a specified matter relates to an appeal. District or municipality remedying contraventions, A planning district or municipality may take any action or measure that is reasonable to remedy the contravention if. The certificate is conclusive evidence of the facts stated in it. Sufficient objections re adopting a zoning by-law. As soon as practicable after giving third reading to the development plan by-law, the board or council must, (b) give the minister a copy of the development plan by-law in the form directed by the minister; and, (c) send a notice stating that the by-law has been adopted to, (i) every person who made a representation at the hearing held under subsection 46(1), and. Money in place of public reserve or school lands. If a planning district or municipality does not have a development plan by-law, a zoning by-law, or both by-laws, when a council approves a subdivision application, it may, in addition to the other conditions of approval set out in section 135, require the applicant to enter into a development agreement with the owner of the affected property limiting, regulating or prohibiting an existing or future use of the land or a building. 2011, c. 38, s. 14; S.M. (a) divide the municipality or planning district into zones; (b) prescribe permitted and conditional uses for land and buildings in each zone; and. (d) the deadline for requesting a review under subsection 178(3) has passed or, if a review of the order has been requested, and the decision of the board or council was to allow the district or the municipality to take the action or measure. Decisions of planning authorities re development agreements. (a) give the by-law third reading if no alterations are made to the by-law; (b) alter the by-law to address any representations on the objections made at the hearing and, despite subsection 74(2), give the altered by-law third reading without further notice or hearing; or. In Manitoba, planning districts and municipalities are the local planning authorities responsible for the development of land and resources in their designated planning areas. After receiving the written request to review the order, the board or council must review the order and may confirm, vary, or rescind the order. If the owner and the applicable board or council are unable to reach an agreement on compensation, subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes. (b) has not been designated as public reserve land as a result of a registered plan of subdivision; it is deemed to be public reserve land for purposes of this Act. Canada. If requested, the minister may provide a special planning authority with advice and technical support to assist it in carrying out its mandate. Non-conformity may be altered by variance, The board or council may, on application by the owner, or a person authorized in writing by the owner, make a variance order authorizing. Consolidated Regulations of Manitoba. h�b``�f``:����®� € "@1V �pm���0�)އ�~�/`PI���``4���h +��@Z�%�"�@�D'� If the board or council passes a resolution not to proceed with the by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection (1). No person may be issued a development permit to construct more than one dwelling unit or mobile home on a parcel of land, unless permitted to do so under the zoning by-law. Modified adoption of development plan by-law. The designated employee or officer must send a copy of the order to the applicant, along with written notice of the applicant's right to appeal the order under subsection (6). An application for a development permit must be made, (a) to the board of the planning district in which the proposed development is located; or. Effectiveness of Subdivision Process ..... 15 Province’s Role in Subdivision Process under The ... Land Dedication under the Subdivision Regulation..... 17 6. No increase or change in non-conforming use. (« exploitation de bétail à grande échelle »). An application under subsection (1) is subject to the hearing and approval process set out in Part 6. An application for a minor variance does not require a hearing under section 96 or notice to any person. The owner of land, or a person authorized in writing by the owner, may apply to the approving authority for subdivision approval in accordance with the regulations. (a) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including, but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access, connections to existing services, fencing and landscaping; (b) construction or payment by the owner of all or part of the capacity of works in excess of the capacity required for the proposed subdivision; and. (b) setting out the general standards to be followed in the planning district or municipality respecting the siting and setback of livestock operations. (a) passing a by-law to close the public reserve land; (b) obtaining written approval of the by-law from the minister; and. A board or council may, by by-law, authorize a designated employee or officer to make an order that varies, (a) any height, distance, area, size or intensity of use requirement in the zoning by-law by no more than 15%; or. An agreement may also provide that the owner or owners indemnify the permitting authority in respect of the agreement. If the City of Winnipeg adopts a regional strategy, this Division applies to it, with any necessary changes, to the same extent as any other municipality, and a reference to a development plan by-law in this Division includes Plan Winnipeg adopted under The City of Winnipeg Charter. A zoning by-law may allow for the modification of specified development requirements, including increased density of dwelling units, if a development provides the public benefits prescribed in the by-law, such as affordable housing. REPEAL, C.C.S.M. (a) second reading was given to the by-law; (b) the by-law has been submitted to the minister for approval; and. In this Act, a reference to "this Act" includes the regulations made under this Act. subdivision from a Manitoba land surveyor. Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (1)(b) is proof that the notice was posted for the entire 14 day period. 8 Accessed: 2019-04-17 Current from 2019-01-14 to 2019-04-15 P80 — M. R . 2011, c. 38, s. 9; S.M. 2013, c. 37, s. 3; S.M. The land may be sold, leased or otherwise disposed of by the district or municipality if it is no longer required. The board or council may issue the development permit if it is satisfied that the proposed development generally conforms with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. (« bien-fonds »), "livestock operation" means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. As a condition of amending a development plan by-law or zoning by-law, making a variance order or approving a conditional use in respect of a special planning area, the minister may require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner. forestry, mining, tourism, agriculture, recreation, settlement and … In the case of a local government district, the director must be the resident administrator of the district, or a person appointed in writing by the resident administrator. An application involving a livestock operation with fewer than 300 animal units is subject to the following approval requirements: (a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if, (i) approval of the proposed operation is generally consistent with provincial land use policies, and. A person against whom an order is made under this section may require the board or council to review it by making a written request to the board or council no later than 14 days after the order was made. (b) if the development plan does not contain a deadline for review, within five years after the development plan by-law is adopted. (i) the zoning by-laws of its member municipalities, or the district's own zoning by-law if it has adopted a district-wide zoning by-law under section 69. After receiving the recommendations of the Municipal Board, the minister may make alterations to the amendment or new by-law. A regulation under subsection (5) may provide a different process for considering and approving a minor subdivision of land or a minor amendment to the development plan by-law, a secondary plan by-law or zoning by-law for correcting an error or omission in such a by-law. At least 14 days before the hearing, the Municipal Board must send notice of the hearing to the applicant, the minister, the approving authority, the council and any other person the board considers appropriate. (a) meets the applicable tests in subsection 116(1); (b) is generally consistent with the development plan by-law; and. (b) the proposed development does not generally conform with the development plan by-law, zoning by-law, or secondary plan by-law, as adopted or amended. Selecting a Manitoba Land Surveyor at Phillips & Stevens to advise you before you start your land development will easily cut your time required in half or more. The members of the Inland Port Special Planning Authority must develop, in consultation with the minister, a conflict of interest policy for the members of the authority. A regulation establishing a special planning area must name the area and set out its boundaries. (i) the calling of meetings, including notice of meetings. (b) the applicant obtains every approval, including any permit or licence, required under an Act, regulation or by-law in respect of the proposed operation or expansion, and complies with, or agrees to comply with, any condition attached to the approval. As soon as practicable after a board or council passes a resolution not to proceed with a zoning by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection 74(1). (« bâtiment »), "conditional use" means a use of land or a building that may be permitted under a zoning by-law. PLANNING Subdivision for five lots or more 4 (1) If an application for subdivision approval is made for five lots or more, the applicant shall submit to the approving authority (a) a map showing existing features of the land as described in subsection 4 (3) certified by a Manitoba Land Surveyor, engineer or other qualified person; and (b) a map of proposed features of the land as described in subsection 4 … An application for an amendment to a development plan by-law under clause (1)(b) may be refused if, in the opinion of the board or council. The minister may make regulations respecting planning districts, including regulations. (« politique en matière d'exploitation de bétail »), "minister", except in Part 10 (Northern Manitoba), means the minister appointed by the Lieutenant Governor in Council to administer this Act. REGULATING LAND USE IN SPECIAL PLANNING AREAS, (a) may, by a regulation made under clause (5)(a), adopt the development plan by-law, zoning by-law and all other by-laws respecting land use in a special planning area; and. (b) if the proposed development is not located in a planning district, to the council of the municipality in which the proposed development is located. A person with an interest in a building, parcel of land or operation involving the use of land may apply to the planning district or municipality for a zoning memorandum that states whether or not the building, parcel, use, or intensity of use appears to conform with the zoning by-law. The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair. Continuance of lawfully existing non-conformities. A notice of appeal of a decision of a planning commission must, (b) identify the decision being appealed; and. Once an area is included in a special planning area, any development plan by-law, zoning by-law or other by-law respecting land use that was adopted by a board or council ceases to apply to land in the area. When approving an application for a conditional use, the board, council or planning commission may, subject to section 107 and subsections 116(2) and (3) (conditions on livestock operations), (a) impose any conditions on the approval that it considers necessary to meet the requirements of clause (1)(b); and. The member municipalities of a planning district must agree on the proportion of funding, if any, that each municipality must contribute to meet the expenses of the district. (c) any other matter the Lieutenant Governor in Council considers advisable. A council must establish a reserve fund under The Municipal Act into which the levies are to be paid. The approval of a conditional use under this Part will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision. (b) a designated employee or officer reasonably anticipates that entry to the land or building will be refused; may, upon application without notice, issue a warrant authorizing the designated employee or officer and any other person named in the warrant to enter the land or building and conduct an inspection or enforcement action. A regulation made under subsection (1) may be made retroactive to a day not earlier than the day this Act comes into force. A hearing under this Act may adjourned to a fixed date. Where the minister is the approving authority the fee to apply for a subdivision is $475. The order of a planning commission on an application for approval of a conditional use — except a decision that is subject to section 118.2 — may be appealed in accordance with sections 34 and 35 (appeal of decision by commission). The boards of two or more existing planning districts may apply to the minister to amalgamate into a new planning district. (l) “Subdivision Law” or “Subdivided Lands Law.” Chapter 1 of Part 2 of Division 4 of the Code. Section 423 of The Municipal Act applies, with necessary changes, to a copy of a record of a planning district that has been certified to be a true copy of the original record by a designated employee or officer of the district. If a representative of the Rural Municipality of Rosser, The City of Winnipeg, CentrePort Canada Inc. or Winnipeg Airports Authority Inc. ceases to be a member, the applicable entity must, on request of the minister, nominate a representative to fill the vacancy. 190-08), and the Rural Municipality of St. Clements zoning by-law (By-law No. (a) be sent to the applicant, if there is one; (b) be posted in the office of the applicable planning district or municipality; (c) be sent to the minister, in the case of a hearing to consider a by-law to close public reserve land or the declaration of an obsolete plan; and. (« règlement portant sur un plan de mise en valeur »), "inland port area" means the inland port area as described in the Schedule to The CentrePort Canada Act. If the existing use of a building or land does not conform with a zoning by-law, that use may not be intensified or changed to another non-conforming use. As a condition of amending a zoning by-law, making a variance order or approving a conditional use, a board, council or planning commission may, unless this Act provides otherwise, require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner dealing with one or more of the following matters: (a) the use of the land and any existing or proposed building; (b) the timing of construction of any proposed building; (c) the siting and design, including exterior materials, of any proposed building; (c.1) the provision of affordable housing, if the application is for an amendment to a zoning by-law to permit a new residential development that is subject to a requirement under subsection 71(5); (e) landscaping, the provision of open space or the grading of land and fencing; (f) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access and connections to existing services; (g) the payment of a sum of money to the planning district or municipality in lieu of the requirement under clause (f) to be used for any of the purposes referred to in that clause; (h) the dedication of land or payment of money in lieu thereof, where the application is for an amendment to a zoning by-law to permit a residential use, use for a mobile home park or an increase in residential density, in which case item 6 of section 135 applies to the dedication. (b) send a notice stating that the by-law was adopted to every person who made a representation at the hearing held under subsection 74(1). (a) a person who is an owner with another person as joint tenant or tenant in common of a freehold estate; (b) a person who is the registered owner of a unit under The Condominium Act; and, (c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act. The minister may refer an application under section 26 to the Municipal Board. 2012, c. 27, s. 90. The Municipal Board must make its order within 30 days after the hearing is concluded and must send a copy of the order to the appellant, the board, council or planning commission and any other party to the appeal. Upon receiving the application and the planning report, the council must consider the application and decide, by resolution. An applicant or the minister may appeal the following decisions of the approving authority to the Municipal Board: (a) a decision to approve or reject an application under subsection 126(2), including a decision to impose conditions; (b) a decision to impose new conditions or vary or rescind conditions under subsection 126(4). This table lists the regulations in force on December 14, 2020 (unless otherwise noted).. Show general information about consolidated regulations … As soon as practicable after a board or council adopts a zoning by-law, it must, (a) send a copy of the by-law to the minister; and. (a) change the boundaries of a planning district; (c) amalgamate two or more existing planning districts into a new planning district. The Lieutenant Governor in Council may make regulations respecting the review of applications received by a Technical Review Committee, including, but not limited to, the process and procedure to be used by the committee, (a) in obtaining information from an applicant and the public about an application; and. and the instrument or plan is accompanied, at registration, by a statutory declaration of an officer of the municipality that the land was acquired for one of those purposes; (e) the land was part of a government road allowance, public road or public reserve that has been closed by by-law and is being consolidated with adjacent existing titles; (f) the land is part of a railroad right-of-way and is being consolidated with adjacent existing titles. 2015, c. 26, s. 6; S.M. (a) the name and boundaries of the planning district; and. The minister has the same authority in relation to a special planning area as the board or council has in relation to a planning district or municipality under Part 12. Unless the zoning by-law provides otherwise, if, (a) the use of land, or the intensity of the use of land, does not conform with a zoning by-law; and. Before submitting the amendment or new by-law for approval, the minister may refer it to the Municipal Board for a hearing in accordance with section 50. When this Act is applied to land in unorganized territory, (a) the unorganized territory is deemed to be a municipality; and. "former Act" means The Planning Act, R.S.M. A development plan by-law and a zoning by-law for a community must be adopted by the minister, unless the minister has delegated that authority to the community council for the community in a regulation made under subsection 156(1). As an alternative to dedicating land under item 6(d) or (e), a condition that the applicant enter into a development agreement with the government, the municipality, or the planning district as required, whereby the applicant agrees to conditions limiting, regulating or prohibiting any use, activity or development on the land. The application must be accompanied by a resolution from the council of each municipality supporting the establishment of the proposed planning district. If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties set out in clause 182(1)(a), whether or not the corporation has been prosecuted or convicted. (d) state that if the person does not comply with the order within the specified time, the district or municipality may take any action required to remedy the contravention, at the expense of the person. A variance order must not be made if it makes a change of land use other than, (a) a temporary change of land use for a period of not more than five years; or. A subdivision of land may be approved subject to one or more of the following conditions, which must be relevant to the subdivision: Any condition necessary to ensure compliance with this Act or another Act, or the regulations made under them, or a development plan by-law, secondary plan by-law or zoning by-law. Subject to the regulations, a special planning authority that hears an appeal concerning an application for a variance or conditional use may impose a requirement that a development agreement be entered into, or vary or revoke such a condition. (b) to approve the application, with or without any of the conditions described in section 135. Once adopted, a development plan by-law is binding on all persons and is not subject to appeal. (« municipalité »), "Northern Manitoba" means Northern Manitoba as defined in The Northern Affairs Act. A planning commission that holds a hearing or makes a decision must comply with all requirements of this Act respecting notice of hearings, the conduct of hearings and notices of decision. Adoption in other areas of Northern Manitoba. A development plan must be generally consistent with provincial land use policies. A person designated under this section has the same powers and responsibilities in relation to the special planning area as a designated employee or officer has under Part 12 in relation to a planning district or municipality. The amount paid must be equivalent to the value of the land that would have been dedicated. (iii) prescribing fees to be paid by applicants. IMPLEMENTING LAND USE PLANNING IN SPECIAL PLANNING AREAS. 2015, c. 26, s. 2. The minister must amend the regulation establishing planning districts to reflect a decision made under subsection (1). Provincial land use policies apply to the City of Winnipeg. An interest in land is not created or conveyed by an unregistered instrument that purports to subdivide land or to have the effect of subdividing land contrary to this Part. The board of a planning district may appoint or employ any persons that it considers necessary to carry out and exercise its duties and powers under this Act. Objections at planning commission hearing. The order of the Municipal Board or the board of the planning district is final and not subject to appeal. (ii) every person who made a representation at the Municipal Board hearing, if one was held. Concurrently, any related zoning, easements, servicing and development agreements are prepared and the necessary signatures are secured. A development plan may set out the date by which the board or council must complete a review of it under clause 59(1)(a). (b) the terms or conditions of a permit, approval or order made or issued under authority of this Act; the designated employee or officer may issue a written order requiring the person to remedy the contravention. (b) land designated as a provincial park under The Provincial Parks Act. If the application seeks to amalgamate two or more existing planning districts, the board of each district must, before the application is made, (a) have passed a resolution in support of the proposed amalgamation; and. (b) money paid to a municipality under subsection 136(1) in place of a dedication. (b) if all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a building on the land. (ii) meets the siting and setback requirements for livestock operations established by regulation; (c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if, (i) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme, and. The personal information on this form is being collected for the Premises Identification Program of Manitoba Agriculture and Resource Development under the authority of section 3(1) of the Animal Premises Identification Regulation 104/2010 under The … A community council that has adopted a development plan by-law or a zoning by-law must file a copy of the by-law with the minister in accordance with regulations made by the minister. 2020, c. 23, s. 7. (b) fails to conduct a review of its development plan as required under section 59; and submit the amendment or new by-law to the Lieutenant Governor in Council for approval. A person with an interest in a building, a parcel of land or an operation involving a use of land that does not comply with a zoning by-law may apply to the planning district or municipality for a certificate confirming that the building, parcel, use of land, or intensity of use was lawfully in existence before the enactment of the zoning by-law. In completing your application permits, orders and approvals made or issued under this Act, it must meet applicable. Inland Port special planning area must name the area and set out its boundaries a present. To change the name and boundaries of the municipality the notice of a planning commission under of. Repeal 10 the subdivision from Manitoba land titles office intent of the applicable zoning by-law co-operate with legislation... 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The day the alleged offence was committed and is deemed to be the council must establish planning...

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