Wabowden Basic Planning Statement, Northern Affairs By-law No. 6-97

Wabowden Basic Planning Statement, Northern Affairs By-law No. 6-97, M.R. 1/98 The Northern Affairs Act , C.C.S.M. c. N100 Regulation 1/98 Registered January 5, 1998 bilingual version (HTML) WHEREAS The Northern Affairs Act , C.C.S.M. c. N100, provides in part as follows: 5(1) [T]he minister has the powers, rights and privileges that a municipality has within its boundaries and the minister may exercise and perform these powers, rights and privileges. 5(5) [W]here the exercise or performance of the powers, rights, privileges or duties ... require the passing of a by-law, ... the minister may make the by-law ... for or on behalf of ... a community.... 5(6) The by-law ... may be made to apply to the whole or any part of Northern Manitoba.... 107(3) With respect to land in Northern Manitoba ..., the minister is deemed to be a municipality for the purposes of The Planning Act .... AND WHEREAS The Planning Act , C.C.S.M. c. P80, provides in part as follows: 35 [T]he council of a municipality ... may ... prepare a basic planning statement.... 36(3) A basic planning statement shall contain (a) a statement of objectives and policies for the future development of the area affected;.... 37(1) The ... council of a municipality may by by-law adopt a basic planning statement. 94 The minister responsible for this Part (Part IX, Northern Manitoba) and for those sections of this Act that apply in Northern Manitoba shall be the minister responsible for The Northern Affairs Act . AND WHEREAS the Northern Manitoba Planning and Subdivision Regulation , Manitoba Regulation 33/91, made under The Planning Act, provides in part as follows: 11 A by-law that is passed by a ... community council does not come into force until it is enacted by the minister. NOW THEREFORE, the Minister enacts as follows: Basic planning statement adopted 1 The Wabowden Basic Planning Statement set out in the Schedule is hereby approved and adopted. Implementation 2 The community council of Wabowden is hereby authorized to implement and enforce the Wabowden Basic Planning Statement in accordance with The Planning Act and The Northern Affairs Act . SCHEDULE WABOWDEN BASIC PLANNING STATEMENT Table of Contents Section PART 1 INTRODUCTION 1 Statement of intent and purpose 2 Application to within boundaries 3 Division of Wabowden into land use districts PART 2 GENERAL DEVELOPMENT 4 Concerns 5 Objective 6 Existing land use is permitted use 7 Crown land 8 Existing rights to resources 9 Use and management of tourism resources 10 Undeveloped land to be zoned 11 Location of large new development 12 Developer to prepare site plan 13 Protection of historic or archaeological site 14 Development to be directed to vacant areas 15 Use of land that is subject to hazards 16 Development along certain shorelines 17 Protection of natural setting 18 Protection of "gateway to Wabowden" 19 Use with nuisance feature PART 3 TOWNSITE DISTRICT 20 Concern 21 Objective Residential Use and Development 22 Concerns 23 Objective 24 Residential use 25 Duty of community council 26 Large lot, unserviced residential development 27 Zoning by-law to specify minimum lot size 28 Large lot development on west side of Bowden Lake 29 Permanent residential and mobile homes 30 No development in certain areas 31 Buffer between C.N.R. and certain lots 32 Stock of land to be established 33 Sites to be available for development 34 Occupation conducted from residence 35 New residential development Commercial Use and Development 36 Concerns 37 Objective 38 Commercial uses 39 Existing commercial facilities 40 Beautification of downtown area 41 New commercial development downtown 42 Highway commercial development 43 Restriction of new development Industrial Use and Development 44 Concern 45 Objective 46 Industrial uses 47 Road access and minimal impact 48 Buffers 49 Diversion of truck traffic from downtown 50 Relocation of existing industrial uses 51 New industrial development Public and Recreational Use and Development 52 Concerns 53 Objective 54 Public and recreational use 55 Public and institutional uses 56 Protection from incompatible uses 57 Encouraging outdoor facilities 58 Preservation of scenic areas 59 Residences 60 Lakes and shore areas 61 Recreational development 62 New recreational and institutional development PART 4 LIMITED DEVELOPMENT DISTRICT 63 Concerns 64 Objectives 65 Uses in limited development district 66 Protection of resource harvesting 67 Retention of natural areas 68 Discouragement of certain new uses 69 New permanent residences 70 New limited development PART 5 ECONOMIC AND RESOURCE DEVELOPMENT 71 Concerns 72 Objective 73 Bowden Lake mine site 74 Consultation PART 6 TRANSPORTATION AND ENGINEERING 75 Concerns 76 Objective 77 Buildings without sewer and water 78 Private sewage disposal in unserviced area 79 Development near sewage lagoon or waste disposal ground 80 Development near Bowden Lake 81 Discharges into certain lakes 82 Development in serviced areas 83 Roads and streets 84 Roads in plan of subdivision 85 Considerations in standards for public roads 86 Approval of drainage into ditch beside provincial road 87 Access to P.T.H. No. 6 88 Access to Fleming Drive 89 Protection of P.T.H. No. 6 90 Rail crossings 91 Working with utility companies PART 7 ADMINISTRATION 92 Implementation of guidelines 93 Enactment of zoning by-law 94 Development agreements 95 Furthering intent of statement 96 Review of statement Land Use Districts Map PART 1 INTRODUCTION Statement of intent and purpose 1 The purpose of the basic planning statement of the community of Wabowden is as follows: (a) to serve as a framework whereby the community may be guided in formulating development policies and decisions; (b) to establish the objectives and policies for future development of the community; (c) to provide an overall guideline on which to base day-to-day land use decisions; (d) to serve as a notice to the developer, the property owner, residents and other levels of Government, how the community of Wabowden plans to direct development in the area. Application to within boundaries in M.R. 161/95 2 The objectives and policies of this basic planning statement apply within the boundaries of the community of Wabowden, as set out in Schedule A to the Community Designation, Boundaries and Elections Schedule Regulation . Division of community into land use districts 3 For the purpose of this basic planning statement, the community of Wabowden is divided into the following land use districts, as shown on the attached map: (a) the townsite district, consisting of residential, commercial, industrial, and public and recreational uses; and (b) the limited development district. PART 2 GENERAL DEVELOPMENT Primary concern 4(1) The community's primary concern is that it remain viable and able to fulfill its responsibility to promote the public health, safety, convenience and general welfare of the citizens of Wabowden. Other concerns 4(2) The community's other concerns are as follows: (a) outcrops, poorly drained areas and a high water tables must be considered when developments are proposed; (b) since most of the land in the Wabowden area is Crown land, any land use decisions made by the Crown can have a major impact on the community. Objective 5 The objective of this Part is to establish policies to promote and maintain a humane, functional and attractive environment that is responsive to the needs of the residents of Wabowden. Policies Existing land use is permitted use 6 Any land use that is legally existing before the enactment of this basic planning statement shall be recognized as a permitted use in the zoning by-law. Crown land 7 While the Crown is not bound by local land use control, the community council shall encourage Crown agencies (a) to involve the community of Wabowden in land use decisions to be made by the Crown in the community; (b) to allow only such development on Crown land as is consistent with this basic planning statement; and (c) to make potential purchasers of Crown Land aware that local by-laws and policies apply to private use of the land. Existing rights to resources 8 Nothing in this basic planning statement shall affect an existing lease, agreement, license, permit or right relating to the allocation of resources in the community, such as forestry, mining, trapping, and commercial fishing rights. Use and management of tourism resources 9 The community shall encourage the study, use and management of local tourism resources in an orderly and environmentally safe manner. Undeveloped land to be zoned for possible development 10 The community council shall ensure that a sufficient supply of undeveloped land is zoned and available so that the community is prepared to take advantage of new commercial, industrial or institutional developments. Location of large new development 11 Any large commercial development, multiple family residential development or institutional facility that locates or might locate in the community shall be encouraged to locate in a central, easily accessible location, and thereby contribute to the identity of the community. Developer to prepare site plan for community 12 The proponent of any development shall prepare a site plan and supporting material on which the community can base its decision. Protection of historic or archaeological site 13 The community council may identify and protect any site, building or structure that is of historic or archaeological significance, and shall request the Historic Resources Branch to identify the interests of the province. Development to be directed to vacant areas 14 Growth and development shall be directed to vacant areas within the existing developed community in order to reduce the cost of extending piped services and to increase the efficiency of existing hydro and telephone services and roads. Use of land that is subject to hazards 15 Land that is unstable or subject to natural hazards such as flooding or erosion shall be retained for natural or open areas, park, agriculture or resource harvesting and considered for other development or use only where the use would be compatible with the risk or where it can be demonstrated that the hazard has been eliminated or protected against. Development along certain shorelines 16 The community council shall ensure that development along the shoreline of Bowden Lake, Rock Island Lake or Setting Lake is regulated in a manner that allows public access, preserves water quality, and does not promote bank instability. Protection of natural setting 17 Wherever practical or possible the natural setting of the Wabowden area shall be retained for the enjoyment and use of the public. Protection of "gateway to Wabowden" 18 Since the intersection of the Fleming Drive and P.T.H. No. 6 is the "gateway to Wabowden", the community council shall ensure that any development within view of the intersection protects the natural surroundings. Use with nuisance feature 19 A use that has a nuisance feature may be considered a conditional use in the zoning by-law, and each proposed use shall be assessed against any performance standard available for the use. PART 3 TOWNSITE DISTRICT Concern 20 The community of Wabowden is concerned that Wabowden should maintain a compact developed townsite with areas provided for intensive residential, commercial, industrial and recreational activities and developments. Objective 21 The objective of this Part is to define an area that represents the built-up core of Wabowden. Residential Use and Development Concerns 22 The community is concerned (a) that Wabowden remain viable as a residential community and that it be in a position to attract new residents; and (b) that new residential development expand in a logical orderly manner so as to reduce servicing costs. Objective 23 The objective of the community is to develop, maintain and enhance a high quality living environment for present and future residents of Wabowden. Policies Residential use 24 Land zoned for residential use may be used for the following purposes: (a) permanent residential, seasonal residential, and mobile homes; (b) uses that are compatible with residential use, including public reserves, Crown reserves, buffer strips, and public and recreational uses. Duty of community council 25 The community council shall endeavour to maintain or improve the quality of existing residential use and development wherever possible. Large lot, unserviced residential development 26 Any large lot, unserviced residential development may be permitted by the community council only after the proponent of the development demonstrates to council that the development will not have an adverse effect on an area of Wabowden that has piped services. Zoning by-law to specify minimum lot size 27(1) The community council shall specify in the zoning by-law a minimum lot size for large lot development that is sufficient to accommodate sewage disposal on the property. Council may increase minimum lot size 27(2) Notwithstanding subsection (1), the community council may increase the minimum lot size for a large lot development on the recommendation of the Environmental Operations Division based on soil characteristics. Large lot development on west side of Bowden Lake 28 Any large lot development for residential use on the west side of Bowden Lake shall not be provided with municipal services, and each residence shall provide such on-site sewer and water services for the residence as are required by the Environmental Operations Division. Priorities re permanent residential and mobile homes 29 The preferred order of priorities for future residential and mobile home development shall be as follows: (a) the rehabilitation of existing housing; (b) the use of vacant lots in areas that have piped services; (c) the creation of new lots from existing large lots that have piped services; (d) expansion to areas requiring the extension of piped services, as follows: (i) east and west of the mobile home park, (ii) north of Jeanotte Street and McIvor Street, (iii) east of Davidson and Batchelar Streets, (iv) south-east of Subdivision Plan No. 547 PLTO, and (v) for large lot unserviced development, the C.N.R. lands north of Fleming Drive and on the west side of Bowden Lake. No development in certain areas 30 New residential development shall not be permitted in areas where that type of development could cause pollution or health hazards. Buffer between C.N.R. and certain lots 31 Where practical, a buffer of vegetation in its natural state should be provided as a visual and noise screen between any new residential lot and the C.N.R. railroad right-of-way. Stock of land to be established 32 A stock of residential land shall be established to ensure that the existing and potential demand for residential development is accommodated. Sites to be available for development 33 A three to five year supply of sites suitable for residential development should be available at all times in order to ensure adequate time for planning and development. Occupation conducted from residence 34 An occupation conducted from a residence shall be considered to be a suitable accessory use and shall be regulated as such in the zoning by-law. New residential development 35(1) New residential development shall be restricted to areas zoned for residential development in the zoning by-law. Permitted and conditional uses 35(2) The community council shall establish in the zoning by-law the permitted and conditional uses and their site requirements for each residential zone. Commercial Use and Development Concerns 36 The community is concerned (a) that the existing commercial facilities remain viable; and (b) that Wabowden attract a larger share of business from the travelling public. Objective 37 The objective of the community is to ensure that existing commercial facilities are maintained and enhanced in order that the best possible and most efficient commercial services are provided to residents of Wabowden and the travelling public. Policies Commercial uses 38 Land zoned for commercial use may be used only for the following purposes: (a) facilities, offices, cultural and personal commercial services; and (b) uses that are compatible with, and serve or protect commercial uses, including dwelling units for an owner-resident and members of the immediate family, public or Crown reserves, buffer strips, and public and recreational uses. Existing commercial facilities 39 The community council shall encourage the maintenance and enhancement of existing commercial facilities in order that they continue to provide convenient and effective service to local residents and the travelling public. Beautification of downtown area 40 The community council shall consider developing a program of rehabilitation and beautification to improve the visual appeal of the downtown area, including tree planting and the construction of sidewalks and benches. New commercial development in downtown 41 The community council shall encourage new commercial development, other than highway commercial development, to locate in the downtown area in order to avoid excessive servicing costs and to help limit the flow of traffic in residential areas. Highway commercial development 42 Highway commercial development shall serve primarily the travelling public and should act only as a supplement to the goods and services available in the downtown area. Restriction of new commercial development 43(1) New commercial development shall be restricted to areas zoned for commercial development in the zoning by-law. Permitted and conditional uses 43(2) The community council shall establish in the zoning by-law the permitted and conditional uses and their site requirements for each commercial zone. Industrial Use and Development Concern 44 The community is concerned that industrial uses be located within designated industrial areas in order that truck traffic, noise, dust and visual impact associated with industrial uses be kept out of residential area. Objective 45 The objective of the community is to ensure that Wabowden is in a position to attract new industrial development through the provision of an adequate supply of properly located and designed industrial sites. Policies Industrial uses 46 Land zoned for industrial use may be used only for the following purposes: (a) industrial uses, including manufacturing, processing, warehousing and the construction of terminals and storage facilities; and (b) uses that are compatible with industrial uses, including Crown reserves, public reserves, buffer strips, parks and recreational uses, and certain types of commercial uses. Development to provide road access and minimize impact 47 An industrial development shall be designed so as to provide convenient access to major roads and to minimize any negative impact on residential use and development. Buffers 48 A buffer should be provided between land zoned for industrial use and any other use that could be negatively affected by industrial activities, including a provincial road. Diversion of truck traffic from downtown 49 If a new industrial development requires access to a rail line, the community council shall consider diverting heavy truck traffic from the downtown area by developing (a) a rail spur leading to the industrial subdivision; or (b) a road, located south of the developed area of the townsite, from the industrial subdivision to the rail line. Relocation of existing industrial uses 50 An existing industrial use located in an area that is not designated for industrial use in this basic planning statement shall be encouraged to relocate to an area designated for industrial use. New industrial development 51(1) New industrial development shall be restricted to areas zoned for industrial development in the zoning by-law. Permitted and conditional uses 51(2) The community council shall establish in the zoning by-law the permitted and conditional uses and their site requirements for each industrial zone. Public and Recreational Use Concerns 52 The community is concerned (a) that significant amounts of natural area be retained for public use, especially on the Bowden Lake Shoreline; (b) that high quality outdoor recreational opportunities be available to its residents; and (c) that public and institutional uses be located properly within the community. Objective 53 The objective of the community is to provide adequate, efficient and centralized public and recreational facilities for its residents. Policies Public and recreational use 54 Land zoned for public or recreational use shall be used for the following purposes: (a) public and non-profit institutional purposes, including schools, churches and hospital facilities operated by non-profit and religious organizations; (b) parks, playgrounds, community centres, and buildings and works relating to the federal, provincial and local governments and their agencies and corporations. Public and institutional uses 55 A major public use or institutional use shall be encouraged to locate in or near the centre of the community. Protection from incompatible uses 56 Land zoned for public and recreational use shall be protected from encroachment by incompatible land uses. Encouraging outdoor recreational facilities 57 Where practical, the community shall encourage the growth of outdoor recreational opportunities, enterprises and service functions that are in character with the community. Preservation of scenic areas 58 Scenic areas should be preserved as parks or for park use, or left in their natural state. Residences 59 A residence may be approved in association with a public or recreational use that is operated by government or a non-profit organization. Lakes and shore areas 60 Any use proposed for lakes or shore areas in the community should maximize public access so that the traditional uses of the lakes, including boating, swimming, camping and fishing, can continue. Recreational development 61 A recreational use shall be developed according to the capacity of the resource being utilized, which shall be determined in consultation with the Department of Environment and Climate Change. M.R. 115/2025 New public and recreational development 62(1) New public or recreational development shall be restricted to areas zoned for public and recreational uses in the zoning by-law. Permitted and conditional uses 62(2) The community council shall establish in the zoning by-law the permitted and conditional uses and their site requirements for each public and recreational zone. PART 4 LIMITED DEVELOPMENT DISTRICT Concerns 63 The community is concerned (a) that resource harvesting activities and the natural beauty of the area be protected; (b) that options for the expansion of agricultural activities in the future are kept open; and (c) that the land surrounding the developed area of the community be kept in large blocks to facilitate future development. Objectives 64 The objectives of the community are (a) to maintain as much of the natural setting of Wabowden as possible; and (b) to encourage agricultural activity in Wabowden while at the same time not impeding orderly and environmentally sound resource harvesting. Policies Uses in limited development district 65 Land zoned for limited development, as shown in the schedule, shall be used (a) predominantly for resource harvesting and agricultural uses; and (b) for uses that are compatible with the surrounding environment, including public and recreational uses. Protection of resource harvesting 66 Resource harvesting activities should be protected from any incompatible use that might negatively affect them. Retention of natural areas 67 Wherever practical or possible, natural areas should be retained for the enjoyment and use of the public. Discouragement of certain new uses 68 The community council shall discourage the establishment of a new use that could preclude more intensive future development, or that could have a negative environmental, economic or aesthetic impact in a limited development zone. New permanent residences 69 New permanent residences in limited development areas shall be discouraged, except when in association with farming activities. New development in limited development district 70(1) The development of uses described in section 65 shall be restricted to areas zoned for limited development in the zoning by-law. Permitted and conditional uses 70(2) The community council shall establish in the zoning by-law the permitted and conditional uses and their site requirements for each limited development zone. PART 5 ECONOMIC AND RESOURCE DEVELOPMENT Concerns 71 The concern of the community is to maximize every opportunity for economic development for the community. Objective 72 The objective of the community is to encourage community participation in economic development opportunities. Policies Bowden Lake mine site 73 The community council shall encourage Bowden Lake Mines Limited to consider (a) restoring the mine site to its natural state; and (b) relinquishing its surface rights and caveats so that the site may be used for local purposes at some future time. Consultation 74 The community policy is to (a) support consultation with Natural Resources on resource management; (b) cooperate with all resource users; (c) explore resource development that would support economic development benefitting the community; and (d) consult with the government about effective land utilization; in order to (e) maximize benefit to the community; (f) ensure the community will not be negatively affected by resource utilization; and (g) encourage utilization of local labour, contractors and services. PART 6 TRANSPORTATION AND ENGINEERING Concerns 75 The concerns of the community are as follows: (a) that the developed area of the community expand in an efficient, compact manner so as to make the servicing of the community more economical; (b) that uncontrolled development in the vicinity of Provincial Highway No. 6 could impede or endanger traffic; (c) that construction and lot development can be difficult and costly because of bedrock outcrops and poor drainage. Objective 76 The objective of the community is to encourage development to occur in an orderly, efficient, compact, safe and environmentally sound and economical manner. Policies Buildings without sewer and water 77 The owner of a residential or commercial building that is within a serviced area but that is not hooked up to the services shall be encouraged to connect the building to the services. Private sewage disposal in unserviced area 78 A private sewage disposal system installed to serve a building in an unserviced area shall be installed in accordance with the standards and the regulations enforced by the Environmental Operations Division. Development near sewage lagoon or waste disposal ground 79 No residential or commercial development should take place within close proximity of the Wabowden sewage lagoon, the Wabowden waste disposal grounds, or any abandoned waste disposal ground. Development near Bowden Lake 80 Because Bowden Lake provides drinking water for the residents of Wabowden, no development should be permitted that (a) could adversely affect the water in the Lake or water that drains into the Lake; or (b) could result in the discharge [or seepage?] of effluent into the Lake. Discharges into certain lakes 81 No person should discharge anything into Bowden Lake, Setting Lake or Rock Island Lake without the prior approval of the Environmental Operations Division. Development to be encouraged in serviced areas 82 New development in the community shall be directed to the existing serviced area in order to avoid the unnecessary cost of extending piped services. Roads and streets 83 Roads or street networks associated with a proposed development shall be designed in accordance with both the existing and planned road and street systems of the adjacent areas. Roads in plan of subdivision 84 The road system in a plan of subdivision shall be integrated with the existing road system so as to provide at least two points of access, except where the subdivision proposes a permanent cul-de-sac or dead end road. Considerations in standards for public roads 85 The following factors shall be considered in establishing standards for public roads in the community: (a) future use, staging of construction, density of traffic, type of traffic, drainage, and snow storage capacity; and (b) the maintenance of adequate surface drainage and reduction of long term maintenance costs through the use of ditches, culverts and shoulders with sufficient width to provide structural strength. Approval of drainage into ditch beside provincial road 86 Any development requiring drainage into a provincial road ditch shall require prior approval by the Department of Transportation and Infrastructure. M.R. 115/2025 Access to P.T.H. No. 6 87 Access onto P.T.H. No. 6 requires a permit from the Department of Transportation and Infrastructure. M.R. 115/2025 Access to Fleming Drive 88 Access to Fleming Drive is under the control of the Community of Wabowden. Protection of P.T.H. No. 6 89 P.T.H. No. 6 should be protected from any use that would limit its effectiveness as an important regional and provincial highway. Rail crossings 90 The C.N.R. right-of-way shall be protected from incompatible development, and new rail crossings shall be kept to a minimum. Working with utility companies 91 In the evaluation of a development proposal, the community shall endeavour to work with utility companies to ensure the economical and efficient provision of services. PART 7 ADMINISTRATION Implementation of guidelines 92 The policies set out in this basic planning statement are intended to guide residents and governments in decisions relating to land use in the community, but the day to day implementation and enforcement will be carried out in accordance with the following provisions. Enactment of zoning by-law 93(1) Upon adoption of this basic planning statement by council, a zoning by-law will be enacted in accordance with section 42 of The Planning Act . Procedure re development permit 93(2) The zoning by-law establishes procedure respecting an application for and issuance of a development permit for each development. Transition 93(3) Since the zoning by-law provides the means to effect the transition of land uses to those envisaged in this basic planning statement, zoning may reflect current uses that are not consistent with this basic planning statement, but a change to an existing land use classification shall be made in accordance with this basic planning statement. Applications for re-zoning 93(4) In considering an application for re-zoning, the responsible authority shall base its decisions on this basic planning statement. Statement to be amended with zoning by-law 93(5) Where a proposed zoning amendment does not conform to this basic planning statement, council shall amend this basic planning statement before amending the zoning by-law. Development agreements 94 In order to ensure that the general well-being of the community and particularly of the owners of property in the vicinity of a proposed development is protected, a developer may be required to enter into an agreement regarding the level, standards, and workmanship of services and utilities, the dedication of land for public uses, the phasing of development, the developer's financial commitments to the public, the posting of bonds to guarantee the completion of the project, and any other matter considered necessary or advisable by the responsible authority. Furthering intent of statement 95 To further the intent of this basic planning statement, the community and Manitoba Northern Affairs may use (a) the acquisition of land; (b) subdivision powers under The Planning Act ; (c) the most recent version of the Manitoba Building Code made under The Buildings Act , the most recent version of the Manitoba Fire Code made under The Fires Prevention and Emergency Response Act , occupancy codes, standard maintenance codes, and related codes and by-laws; and (d) local public works or services. M.R. 115/2025 Review of statement 96 Council should ensure that this basic planning statement is regularly reviewed in order to ensure that it remains relevant to trends and developments within the community. LAND USE DISTRICTS MAP (section 3)