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Saskatchewan Provincial Highway Right-of-Way (3-SK-c)

In Saskatchewan, a person (developer) may need a Utility Permit (Permit) from the Saskatchewan Ministry of Highways and Infrastructure (Ministry) if any part of the project runs within the right-of-way of a provincial highway. A Permit authorizes the developer to erect, excavate, or bury any building or structure within a prescribed distance from the limit of a provincial highway. R.S.S. 1997, c. H-3.01 s. 32. “Provincial highway” means a public highway or a proposed public highway that is the subject of a departmental plan or is prescribed as a provincial highway and includes a weighing and inspection facility. R.S.S. 1997, C. H-3.01 s. 2 (p). The Ministry regulates development activities within the provincial highway area pursuant to the Saskatchewan – Highways and Transportation Act, R.S.S. 1997, C. H-3.01 and Saskatchewan – Provincial Highway Designation Regulations, H-3 Reg. 17.


Provincial Highway Right-of-Way Process

3-SK-c.1 – Contact Regional Branch of the Ministry

A developer should contact the Regional Branch of the Ministry that oversees the region where the proposed development is planned for more information on the application process. Saskatchewan Ministry of Highways and Infrastructure – Roadside Development Permit Applications Webpage. For more information on the three regions of the Ministry, see: Saskatchewan Ministry of Highways and Infrastructure – Roadside Technician Area Contacts Map.

3-SK-c.2 – Obtain Consent from Municipalities (If Applicable)

A developer must obtain consent from each municipality if the proposed development encroaches upon the right-of-way of a municipal highway. Municipal highway means all roads except provincial highways. Saskatchewan Ministry of Highways and Infrastructure – Instructions for Applicants for Utility Permit.

3-SK-c.3 – Utility Permit Application

A developer must submit a complete Utility Permit Application (Application) to the Regional Branch Office of the Ministry where the project is located. A complete Application, must include at a minimum, the following:

  • Name of the applicant (developer);
  • Contact information of the developer; and
  • A description of the project, including the project’s location.

Saskatchewan Ministry of Highways and Infrastructure – Utility Permit Application. An Application must also be accompanied by:

  • Three (3) copies of a route plan;
  • Three (3) copies of a plan consisting of engineered drawings showing the design, materials, specifications and the precise location of the utility;
    • if submitting electronically then only one (1) copy of the engineered drawings is needed;
  • A construction schedule including the exact date and location for the commencement of a construction and the completion date;
  • The written consent or approval of each Municipality if the transmission line is being placed in the right of way of a municipal highway; and
  • Proof of insurance.

Saskatchewan Ministry of Highways and Infrastructure – Instructions for Applicants for Utility Permit.

3-SK-c.4 to 3-SK-c.5 – Review Application for Completeness

The Ministry reviews the Application for administrative and technical completeness prior to any decision to grant or deny a Utility Permit. The Ministry will advise an applicant (developer) if further information is required. Saskatchewan Ministry of Highways and Infrastructure – Instructions for Applicants for Utility Permit.

3-SK-c.6 to 3-SK-c.8 – Review Application for Approval

The Ministry reviews the Application for approval and may impose any terms and conditions that it considers appropriate as a condition of issuing a Utility Permit. R.S.S. 1997, c. H-3.01 s. 32 (3).


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