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Permit Overview In British Columbia, a developer may need a Utility Permit from the [[British Columbia Ministry of Transportation ]] (“MOT”) to use or occupy a provincial highway right-of-way. [[British Columbia –Transportation Act, S.B.C. 2004, c. 44|Transportation Act, S.B.C., 2004, c.44, s.62(1)]]. No person may “use or occupy . . . a provincial public highway or any land or improvement related to a provincial public highway, unless the person is authorized to do so . . .” [[British Columbia –Transportation Act, S.B.C. 2004, c. 44|Transportation Act, S.B.C., 2004, c.44, s.62(1)]]. The Ministry may “authorize any person to use or occupy . . . a provincial public highway, or land or improvements related to a provincial public highway . . . .” [[British Columbia –Transportation Act, S.B.C. 2004, c. 44|Transportation Act, S.B.C., 2004, c.44, s.62(2 )]]. MOT has the right and power to “plan, design, acquire, hold, construct in any manner and in any place the minister considers appropriate, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of provincial public undertakings and related improvements.” [[British Columbia –Transportation Act, S.B.C. 2004, c. 44|Transportation Act, S.B.C., 2004, c.44, s.2(1)(a )]]. MOT regulates provincial rights-of-ways pursuant to [[British Columbia –Transportation Act, S.B.C. 2004, c. 44]]. Overview of the permit or section being discussed.
Flowchart Narrative ==3-BC-c.1 – Contact the Ministry of Transportation (MOT) District Office== A developer should contact the district office where it plans to construct a project for details on the required approvals for the project. ==3-BC-c.2 – Will the Proposed Transmission Line Run Parallel Along a Provincial Highway?== MOT, generally, does not permit transmission lines above 60 kilovolts (kV) to run parallel along a provincial highway right-of-way. [[British Columbia Ministry of Transportation – Utility Policy Manual ]]. The developer should contact the MOT district office where the developer plans to construct the project for details. ==3-BC-c.3 – Is the Proposed Transmission Line Below 138 kV?== MOT, generally, does not permit transmission lines below 138 kV to perpendicularly cross highways. [[British Columbia Ministry of Transportation – Utility Policy Manual ]]. The developer should contact the MOT district office where the developer plans to construct the project for details. ==3-BC-c.4 to 3-BC-c.5 – Does the Project Comply with Local Bylaws and Regulations?== A developer may need development permits or other approvals (i.e., exemptions from zoning bylaws or amendments to land use plans) from local governments in the municipalities through which a proposed project passes. [[British Columbia – Local Government Act, R.S.B.C. 2015, c. 1 | Local Government Act, R.S.B.C. 2015, c. 1, s. 488 ]]. MOT does not issue Utility Permits until the developer s submits applications to local governments affected by a project. [[British Columbia Ministry of Transportation – Provincial Public Highway Permit Application ]]. ==3-BC-c.6 – Utility Permit Application== If a Utility Permit is required, the developer must either submit an online form through [[British Columbia Ministry of Transportation – Online Application Portal|MOT’s Online Application Portal]] or a complete [[British Columbia Ministry of Transportation – Provincial Public Highway Permit Application ]] (Application) to the MOT District Transportation Office or [[British Columbia – Ministry of Forest, Lands, Natural Resource Operations and Rural Development – FrontCounter BC ]] Office where the project is to be located. The Application must include, at minimum, the following: *Information about the applicant (developer); *Information about the affected property; *A description of the project; and *A map or scalable plan of the proposed development. [[British Columbia Ministry of Transportation – Provincial Public Highway Permit Application ]]. ==3-BC-c.7 to 3-BC-c.8 – Review Application Materials for Completeness== MOT reviews the Application materials for administrative and technical completeness on a “first-come, first-served” basis. If the Application is incomplete, MOT returns the Application to the developer with a request for the missing information. If the Application is incomplete, MOT waits until the missing information is received and then returns the Application to the back of the queue. Incomplete Applications delay the review process. [[British Columbia Ministry of Transportation – FAQ Webpage]]. ==3-BC-c.9 to 3-BC-c.11 – Review Application Materials for Approval == MOT staff reviews the Application materials for approval. If the project meets all the criteria and does not adversely impact the highway system, then MOT staff may issue a Utility Permit. [[British Columbia Ministry of Transportation – Permit Approval Process Webpage ]]. In review, MOT staff considers: *Functionality of the highway, including: **traffic flow; **lines of sight; and **future development. *Public safety; and *Functionality of nearby facilities. [[British Columbia Ministry of Transportation – Permit Approval Process Webpage ]]. ==3-BC-c.12 – Appeal Decision (Optional)== If MOT denies a permit, then a developer may submit a revised Application. A developer may contact a MOT District Manager to discuss the denial and possibility of amendments to the Application. A developer may also write to the Regional Director. [[British Columbia Ministry of Transportation – Permit Approval Process Webpage]]. A developer may petition for judicial review by the Supreme Court of British Columbia within 60 days of the permit decision by MOT. [[British Columbia – Administrative Tribunals Act, S.B.C. 2004, c. 45| Administrative Tribunals Act, S.B.C. 2004, c. 45, s. 57]]. The Court has discretion to review the petition or not. If the Court finds procedural unfairness, abuses of authority, or unreasonable findings, then it may invalidate the decision and/or remand the matter to MOT with instructions for a rehearing. [[British Columbia – Judicial Review Procedure Act, R.S.B.C. 1996, c. 241 | Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, s. 5, 7]]. MOT may or may not reach a different decision upon rehearing the matter . The Court has limited ability to review administrative decisions. It cannot set aside a finding of fact “unless there is no evidence to support it or if, in light of all the evidence, the finding is otherwise unreasonable.” [[British Columbia – Administrative Tribunals Act, S.B.C. 2004, c. 45| Administrative Tribunals Act, S.B.C. 2004, c. 45, s. 59]]. The Court cannot set aside discretionary decisions unless they are “patently unreasonable.” For example, it could not overturn a decision because it did not prefer the outcome, but it could overrule a decision “exercised arbitrarily or in bad faith.” [[British Columbia – Administrative Tribunals Act, S.B.C. 2004, c. 45| Administrative Tribunals Act, S.B.C. 2004, c. 45, s. 59]]. ==3-BC-c.13 to 3-BC-c.14 – Fulfill Pre-Construction Requirements== The developer must comply with all the requirements set forth in the Utility Permit. In addition, the developer must submit a [[British Columbia Ministry of Transportation – Work Notification/Lane Closure Request and Approval Form]] to the MOT district office 10 day s prior to starting construction and again notify the MOT district office 48 hours before construction begins. [[British Columbia Ministry of Transportation – Permit Approval Process Webpage]]. Paragraphs supporting the elements in the flowchart. 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References [[British Columbia Ministry of Transportation – Utility Policy Manual ]]; [[British Columbia Ministry of Transportation – Provincial Public Highway Permit Application]]; [[British Columbia Ministry of Transportation – Online Application Portal|MOT’s Online Application Portal]]; [[British Columbia Ministry of Transportation – FAQ Webpage]]; [[British Columbia Ministry of Transportation – Permit Approval Process Webpage]]; [[British Columbia Ministry of Transportation – Work Notification/Lane Closure Request and Approval Form]] Enter multiple References, separated by semi-colons. Use standard wiki text for links.
Regulations [[British Columbia –Transportation Act, S.B.C. 2004, c. 44]]; [[British Columbia – Local Government Act, R.S.B.C. 2015, c. 1]]; [[British Columbia – Administrative Tribunals Act, S.B.C. 2004, c. 45]]; [[British Columbia – Judicial Review Procedure Act, R.S.B.C. 1996, c. 241]] Enter multiple Regulations, separated by semi-colons. Use standard wiki text for links.
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Trigger: None. Assemble a trigger using the fields below. Multiple triggers are treated as "OR" conditionals. Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation is FederalStateLocalTribalPrivate is in AlaskaArizonaCaliforniaColoradoHawaiiIdahoMontanaNevadaNew MexicoOregonTexasUtahWashingtonWyoming is Federal involves DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment can be described as CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing is BLMBORDODDOEUSFS status is NewRevisedAmended ? ActiveNoApplicant Is Lessee Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste has been DiscoveredGeneratedStoredTreatedDisposed Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2 Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances Interconnection AgreementPre-Application Process State Highway ROW Exceeds Max Length Or Load Add
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