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Manitoba Provincial Highway Right-of-Way (3-MB-c)

Information current as of 2018
In Manitoba, a developer may need a Highway Right-of-Way Permit (Permit) from the Manitoba Department of Infrastructure for any project within 125 feet of a departmental road that is outside a city, town, or village. C.C.S.M., c. H40, s. 14(1). A "departmental road" is defined as:
  • A provincial trunk highway (a highway declared to be a provincial trunk highway under section 7(1) of the Manitoba Highway and Transportation Act or any other act in force before July 1, 1965);
  • A provincial road (a highway declared to be a provincial road under section 7(1) of the Manitoba Highway and Transportation Act or any other act in force before July 1, 1965 );
  • Any highway in unorganized territory; or
  • An industrial road.

C.C.S.M., c. H40, s. 1.

The Manitoba Department of Infrastructure regulates departmental roads pursuant to the Manitoba Highway and Transportation Act.


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 $50 fee. C.C.S.M., c. H40, s. 14(5); Man. Reg. 447/88, s. 1.

3-MB-c.2 to 3-MB-c.3 – Review Application for Completeness

The Minister must review the Application for administrative and technical completeness.

3-MB-c.4 to 3-MB-c.5 – Review Application for Approval

The Minister must review the Application for approval. Approval or denial is at the "absolute discretion" of the Minister. C.C.S.M., c. H40, s. 14(5).

3-MB-c.6 – Highway Right-of-Way Permit

The Highway Right-of-Way Permit may include conditions as specified by the Minister at the time of approval. C.C.S.M., c. H40, s. 14(5).


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