Manitoba Provincial Highway Right-of-Way (3-MB-c)
- A parking lot, road, or driveway on grounds appurtenant to a public work as defined in the Public Works Act;
- A highway for which the cost of construction or maintenance is paid of the Consolidated Fund with money appropriated for the purposes of another Act;
- A highway built and maintained at the expense of the Government of Canada; or
- A highway built and maintained on private land by the owner or occupier of that land. C.C.S.M. c. T147, s. 28(1).
The following areas adjacent to a departmental road are controlled areas:
- A departmental road other than a limited-access highway or a freeway, the area on each side of the highway that is within 38.1m of the outer edge of the road allowance, but only if the highway is located outside of the city of Winnipeg and an urban municipality established or continued under the municipal act, including a city with a special charter;
- The area on each side of the highway that is within 38.1m of the outer edge of the road allowance of a limited-access highway or freeway;
- Any additional area established as a controlled area under the regulations. C.C.S.M. c. T147, s. 28(1).
The Manitoba Department of Infrastructure regulates departmental roads pursuant to the C.C.S.M. c. T147, s. 28(1) and the Manitoba – Transportation Infrastructure General Regulation, Man. Reg. 15/19.
Provincial Highway Right-of-Way Process
3-MB-c.1 – Application for Highway Right-of-Way Permit
The developer must submit an Application for Highway Right-of-Way Permit (Application) to the Manitoba Department of Infrastructure. A complete Application includes any plans, designs, specifications, other information as required by the Minister, and a $500 fee . C.C.S.M. c. T147, Schedule A, s. 28 (3); Manitoba Infrastructure – Permit Application Fees.
3-MB-c.2 to 3-MB-c.3 – Review Application for Completeness
The Minister must review the Application for administrative and technical completeness. Manitoba Department of Infrastructure performs an initial review, and identifies any additional information required. Guide for Permits Development Adjacent to Provincial Highways p. 13. If required, Manitoba Department of Infrastructure will contact the developer for further information or clarification. Guide for Permits Development Adjacent to Provincial Highways p. 13.
3-MB-c.4 – Collect Data
Manitoba Department of Infrastructure collects any additional data needed to assess the proposed project. This includes gathering in house information, conducting an on-site inspection and preparing a permit sketch.
3-MB-c.5 to 3-MB-c.6 – Review Application for Approval
The Minister must review the Application for approval. If the application meets all internal policies and standards, a permit is issued. Guide for Permits Development Adjacent to Provincial Highways p. 13 The Minister may issue a permit on terms and conditions that the Minister considers appropriate. C.C.S.M., c. T147, s. 28(4). These conditions may include general standards for access construction, a requirement to contact the local maintenance superintendent, and an expiration date as well as any other possible conditions specific to the permit. Guide for Permits Development Adjacent to Provincial Highways p. 13.
3-MB-c.7 to 3-MB-c.8 – Committee Review (If Applicable)
If Manitoba Department of Infrastructure recommends the denial of the permit, the file is forwarded to an Interdepartmental Review Committee for review. The decision may be overturned and moved to approved or upheld.
3-MB-c.9 to 3-MB-c.11 – Appeal Decision (If Applicable)
A developer may appeal the permit decision by filing an appeal. The application, data and analysis are reviewed by an executive committee appointed at the Minister’s Discretion. If the appeal is accepted, a notice of acceptance is sent to the applicant, with any conditions or requirements. If the appeal is denied, a final notice of denial is sent to the applicant with Manitoba Infrastructure’s explanation of the denial.
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