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New Brunswick Crown Land License of Occupation (3-NB-e)

Information current as of 2018
In New Brunswick, a person (developer) may need a Crown Land License of Occupation (License) from the New Brunswick Department of Energy and Resource Development (ERD) if the project requires the temporary occupation and/or use of Crown Land for the construction and installation of a utility pole or anchor. S.N.B. 1980, c. C-38.1, s. 26(1); New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Webpage. A License is a “legal agreement authorizing the non-exclusive occupation of Crown lands for a specific period of time” written under terms and conditions deemed appropriate by the ERD. A License cannot exceed a period of twenty years in total. New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Application Package. A License is required to install utility poles and/or anchors on Crown Land, temporarily occupy Crown Land while performing work on adjacent property, and for temporary permission to occupy Crown Land for various reasons, such as constructing or repairing an access road. New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Fact Sheet.


Crown Land License of Occupation Process

3-NB-e.1 – Contact Local Government

A developer should contact ERD for more information on the application process for projects requiring a License.

3-NB-e.2 – Crown Land License of Occupation Application Package

A developer must submit a complete Crown Land License of Occupation Application Package (Application) to ERD. New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Application Package. The Application can be accessed on the ERD Crown Land License of Occupation Webpage. New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Webpage.

A complete Application includes:

  • The contact information of the developer;
  • A detailed description of the planned activities and/or anticipated construction;
  • A detailed description of the equipment and materials that will be used;
  • A detailed description of all potential effects of the planned activities and anticipated construction on adjacent landowners, the environment or local area;
  • The location of the subject Crown Land where the License is sought (Site) including:
    • a description of the current use and condition of the Site
    • a description of other known uses and activities on land adjacent to the Site; and,
    • information as to whether there is public or private access to the Site
  • A non-refundable application fee;
  • A map and/or aerial photo of the Site; and,
  • A Site Plan.

New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Application Package.

3-NB-e.3 to 3-NB-e.4 – Review Application for Completeness

The ERD reviews the Application materials for administrative and technical completeness.

3-NB-e.5 to 3-NB-e.7 – Review Application for Approval

The ERD reviews the Application in consultation with other agencies, which takes an estimated six (6) to twenty-one (21) weeks. New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Application Package. After the Application is evaluated and approved, the developer must submit the following to the ERD:

  • A non-refundable $230.00 Preparation Fee, which is charged for all approved Applications when the license is issued;
  • Annual rent payments for licenses issued for a duration exceeding six (6) months.

New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Application Package.


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