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 Territorial Highway Right-of-Way (3-YK-c)

Information current as of 2018
In Yukon, a developer needs a Work Within Highway Right-of Way Permit (Permit) from the Yukon Department of Highways and Public Works Transportation Maintenance Branch for "the installation or maintenance of utilities, including cables, gas works, pipelines, or other structures, buried or above ground" within a highway right-of-way. O.I.C. 2002/174, s. 4(1). A "highway right-of-way" is defined as "land surveyed for use as a highway and land designated by the Commissioner in Executive Council as a road allowance." O.I.C. 2002/174, s. 1. The developer must complete the processes for other required approvals, such as environmental screenings or a land use permits, before receiving a Work Within Highway Right-of Way Permit. Work Within Highway Right-of Way Permit Application Information Sheet.


The Yukon Department of Highways and Public Works regulates work within highway rights-of-way pursuant to the Yukon Highways Act, R.S.Y. 2002, c.108, s. 44(1) and the Yukon Highways Regulation, O.I.C. 2002/174, s. 4.


Territorial Highway Right-of-Way Process

3-YK-c.1 – Application for Work Within Highway Right of Way Permit

A developer must complete a Work Within Highway Right-of Way Permit Application (Application) and submit it to the Transportation Maintenance Branch. O.I.C. 2002/174, s. 4(2). A complete Application includes:

  • A signed Work Within Highway Right-of Way Permit Application form;
  • A $100 application fee, in the form of a check made payable to the Government of Yukon, or the developer can pay by credit or debit card in the Whitehorse office or by phone; and
  • A map with a scale of 1:50,000 and/or a detailed sketch describing the location and full extent of the proposed work.

O.I.C. 2002/174, s. 4(2), (3); Work Within Highway Right-of Way Permit Application Information Sheet.

The Application must also include a detailed description of the project's purpose and the full extent of the work to be completed. O.I.C. 2002/174, s. 4(3).

The developer should submit their complete Application to one of two locations. The developer can submit the Application in-person at the Whitehorse office, which is located at 9029 Quartz Road, Building 1275. Alternatively, the developer can bring the required documents to the local Road Maintenance Foreman during normal working hours. This method may require a joint site visit. Work Within Highway Right-of Way Permit Application Information Sheet.

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

The Transportation Maintenance Branch will not begin reviewing the application until the developer submits the signed and completed Work Within Highway Right-of Way Permit Application form, the project map, and the application fee. Work Within Highway Right-of Way Permit Application Information Sheet.

3-YK-c.4 – Review Application for Approval

The Transportation Maintenance Branch must have a copy of the developer's liability insurance ($2 million), on which the Government of Yukon is named as additionally insured, and copies of the other required approvals for the project, such as environmental reviews and land use permits, before it will issue a Permit. Work Within Highway Right-of Way Permit Application Information Sheet. There are no prescribed time limits for application review, but the Work Within Highway Right-of Way Permit Application Information Sheet advises that extensive and complex projects could take as long as a month or more to be approved. Work Within Highway Right-of Way Permit Application Information Sheet.

3-YK-c.5 to 3-YK-c.6 – Provide Notice of Decision

The Transportation Maintenance Branch notifies the developer if the Application is approved or denied. If the Application is approved, the developer must read and sign the Permit and its conditions before beginning work. Work Within Highway Right-of Way Permit Application Information Sheet.

3-YK-c.7 – Work Within Highway Right-of Way Permit

The Transportation Maintenance Branch can include conditions on the approved permit to which the developer must adhere. O.I.C. 2002/174, s. 4(4); Work Within Highway Right-of Way Permit Application Information Sheet. The approved permit also includes an expiration date. The developer may begin work once they receive their Permit. Work Within Highway Right-of Way Permit Application Information Sheet.


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