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Manitoba Land Use Planning (1-MB-a)

Information current as of 2019
In Manitoba, land use planning is primarily delegated to municipal councils and planning district boards, depending on the jurisdiction. A planning district is made up of two or more municipal councils that have applied to the Minister of the Manitoba Department of Municipal Relations to form a planning district whose board takes over the land use planning authority for those municipalities. C.C.S.M., c. P80, s. 14, 16(1). Municipal councils and planning district boards are required to pass development plans, zoning by-laws, and any other necessary land use planning instruments. C.C.S.M., c. P80, s. 13, 14. Additionally, a council or board can appoint a planning commission to decide applications for variances. C.C.S.M., c. P80, s. 33(a). Land in unorganized territory is not required to provide for any land use planning. C.C.S.M., c. P80, s. 40(3), 70.

Land Use Planning Process

1-MB-a.1 – Review Provincial Land Use Policies

The developer should review Manitoba's provincial land use policies to ensure the project complies with the province's land use planning goals. C.C.S.M., c. P80, ss. 4(1)–4(3); Manitoba – Provincial Planning Regulation, Man. Reg. 91/2011.

1-MB-a.2 – Review Regional Strategies

The developer should review any applicable regional strategies, which are sets of land use planning policies and goals developed by two or more municipal councils and/or planning district boards for a shared area under their jurisdiction. C.C.S.M., c. P80, ss. 5(1)–5(3).

1-MB-a.3 – Review Local Development Plans and Zoning By-laws

The developer should review the local development plans and zoning by-laws to ensure the project complies with the municipal and/or planning district land use policies and goals. C.C.S.M., c. P80, ss. 40(1)–42(1). If the project does not comply, the developer may need to apply to amend the plan and/or by-laws. C.C.S.M., c. P80, ss. 56(1)–59(4), 80(1)–82(2).

1-MB-a.4 to 1-MB-a.5 – Does the Project Require a Variance?

The developer may need a variance from the by-law if it "adversely affects his or her property rights." C.C.S.M., c. P80, s. 94(1).

1-MB-a.6 – Application for Variance

The developer must submit an Application for Variance (Application) to either the municipal council, the planning district board, or a local planning commission (local planning authority), depending on the jurisdiction. C.C.S.M., c. P80, ss. 94(2), 95. The Application must be in the form required by the local planning authority and may require supporting documents and fees as requested by the local planning authority. C.C.S.M., c. P80, s. 94(3).

1-MB-a.7 – Provide Notice of Public Hearing

The local planning authority must provide notice of a public hearing on an Application at least 14 days before the hearing is to be held. C.C.S.M., c. P80, s. 96(b), 169(1)(a), (2). The local planning authority must provide notice to the developer and every property owner within 100 meters of the and must post a notice in the planning district's or municipality's office. C.C.S.M., c. P80, s. 169(2)(a)–(b).

1-MB-a.8 to 1-MB-a.9 – Hold Public Hearing

The local planning authority must hold a public hearing on the Application that is open to comments from any person. C.C.S.M., c. P80, ss. 96(a), 172(1)(a). Any person can make an oral submission at the hearing or file a written submission before or at the hearing, C.C.S.M., c. P80, s. 173(1). The local planning authority must also keep minutes of the hearing. C.C.S.M., c. P80, s.172(1)(c).

1-MB-a.10 to 1-MB-a.12 – Review Application for Approval

The local planning authority must make an order on the Application that either rejects the variance or accepts the variance if it meets the following four (4) conditions:

  • The variance is compatible with the general nature of the area;
  • The variance is not detrimental to the health, general welfare, or property of the people who live and work nearby (including effects on future development in the area);
  • The variance is the smallest variance required to correct the adverse effect on the developer's property; and
  • The variance is generally consistent with the municipality's or planning district's land use policies and instruments.

C.C.S.M., c. P80, s.97(1).

The local planning authority must send notice of its decision to the developer and every person who made either a written or oral submission at the public hearing. C.C.S.M., c. P80, s. 99.

1-MB-a.13 – Variance

The local planning authority can impose conditions on the developer that it considers necessary to meet the four (4) requirements of a Variance. C.C.S.M., c. P80, s.98(1). The variance order will expire if it is not acted upon within 12 months of the decision. C.C.S.M., c. P80, s. 101(1).

1-MB-a.14 – Appeal (Optional)

The developer, any person who made a submission at the hearing, or a designated employee or officer of the municipality or planning district can appeal the variance decision of a planning commission to the local municipal council or the planning district board. C.C.S.M., c. P80, s. 34(2)–35(5), 100(2). The decisions of municipal councils and planning district boards are final and not subject to review. C.C.S.M., c. P80, s. 100(1).

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