Subdivision Regulation

Subdivision Regulation, M.R. 137/2006 The Planning Act , C.C.S.M. c. P80 Regulation 137/2006 Registered June 29, 2006 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Applications 3 Maps 4 Additional information 5 Fees 6 Referring application for comment 7 Required rejection 8 Approval of subdivision by plan 9 Minor subdivisions 10 Repeal Schedule A Fees B Evaluation Criteria C Size Requirements for Lots in Subdivisions INTERPRETATION Definitions 1 The following definitions apply in this regulation. "Act" means The Planning Act. ( «  Loi  » ) "applicant" means a person applying to subdivide land. (« requérant ») "department" means the department of government over which the minister presides and through which the Act is administered. (« ministère ») APPLICATIONS Where to make application 2(1) An application to subdivide land must be submitted to (a) the office of the planning district in which the land is located, when the district's board has been authorized under the Act to act as the approving authority; (a.1) the office of the municipality in which the land is located, when the council of the municipality acts as the approving authority; or (b) in all other cases, the applicable department office. Form of application and fee 2(2) The applicant must make the application on a form acceptable to the minister and pay the fee specified in section 5 when the application is submitted. Required information 2(3) The application must contain the following information: (a) the name and mailing address of the registered owner of the land and, where the application is not made by the registered owner, the name and mailing address of the person applying on the owner's behalf; (b) the location and general description of the land in question; (c) the present and proposed use of the land as well as any existing buildings and any significant physical features on the land; (d) existing and proposed services; (e) if the application involves land in Northern Manitoba, the name and address of any occupier on the land. Required land title documents 2(4) The application must be accompanied by a copy of each status of title or deed covering the land to be subdivided, issued by the Land Titles Office no later than 30 days before the date of the application, together with (a) a copy of the status of title or deed of any adjacent land to be consolidated with the land being subdivided; and (b) a copy of any restrictive covenant affecting the land proposed to be subdivided. M.R. 2/2021 Maps 3(1) The application must be accompanied by a map or maps prepared by a Manitoba land surveyor as defined in The Land Surveyors Act showing the existing and proposed features of the land at a scale appropriate to clearly show the features required under this regulation. Existing features to be shown 3(2) The existing features shown on the map or maps must include (a) all significant natural features, such as wooded areas, rock outcroppings, bodies of water, rivers, creeks, swamps and drainage patterns; (b) the location of all underground and overhead services, such as pipelines and utility lines; (c) all buildings and other structures on the land proposed to be subdivided and their uses; (d) all public roads and walkways adjacent to the land proposed to be subdivided; (e) the location of existing wells and on-site sewage disposal systems; (e.1) the location of any cultivated land, including any boundaries of cultivated land formed by tree lines or shelter belts; (e.2) the location of a monument, as defined in The Land Surveyors Act , or the distance to a monument; (f) the nature, location and number, name or other designation of registered plans, easements and rights-of-way on or adjacent to the land proposed to be subdivided; (g) unimproved or closed road allowances or public roads; and (h) municipal boundaries. Proposed features to be shown on map 3(3) The proposed features shown on the map or maps must include (a) the location, dimensions, area and number of each lot and block; (b) the location and dimensions of all public roads; (c) the location, dimensions and area of land dedicated to public use; (d) land use types such as residential, commercial, industrial or other type; (e) the pattern of drainage; and (f) the staging of development. Exemption 3(4) The approving authority may waive any of the requirements of this section where it considers it appropriate to do so. M.R. 12/2017 Additional information 4(1) The approving authority may require an applicant to submit the following information in support of the application: (a) a current survey certificate prepared by a Manitoba land surveyor showing existing buildings and structures; (b) geotechnical data and related engineering reports where the land being subdivided is subject to a high water table or to potential hazards such as flooding, subsidence, landslides, erosion, methane gas seepage, or other similar risks; (c) contour lines at intervals acceptable to the approving authority to illustrate topography, but not to exceed 1 m intervals, related to Geodetic Survey of Canada datum, where available; (d) high water marks, top of bank, nature of shoreline and elevation of water; (e) such other material relevant to the application which the approving authority considers necessary for an informed decision. Additional copies 4(2) When the approving authority requests, the applicant must provide the approving authority with additional copies of any document required under this regulation. FEES Fees 5(1) Subject to subsection (2), an applicant must pay the fees set out in Schedule A. Planning district or council may establish its own fees 5(2) When the board of a planning district or the council of a municipality acts as an approving authority, it may, by by-law, establish fees relating to applications for subdivision that are equal to, or higher, than those set out in Schedule A. If no such by-law is in place, the fees set out in Schedule A are to be paid. Who receives payment 5(3) All fees payable under this regulation must be made payable to (a) the Minister of Finance, if the minister is the approving authority; (b) the applicable planning district, if the planning district's board is the approving authority; or (c) the applicable municipality, if the municipality's council is the approving authority. M.R. 2/2021 APPROVING AUTHORITY REVIEW Referring application for comment 6(1) Upon receiving an application, the approving authority must refer the application for comment to government departments and other entities that, in its opinion, might be affected by the proposed subdivision. Revised applications 6(2) If the applicant wishes to revise an application after it has been referred for comment under subsection (1), (a) the applicant must submit a revised application to the approving authority; and (b) the approving authority must refer the revised application to government departments and other entities that, in its opinion, might be affected by the proposed revision. When application may be considered 6(3) The approving authority may deal with an application 20 days after it was referred for comment under subsection (1), including preparing a planning report, whether or not any comments have been received at that time. Content of planning report 6(4) The planning report may contain site information or comments from the government departments or other entities, information on any applicable development plan by-law, secondary plan by-law and zoning by-law, recommendations of the approving authority, suggested conditions on approval of the application and any other information that, in the opinion of the approving authority, is relevant. Sending materials to council 6(5) An application and planning report that is sent to a council, as required under section 124 of the Act, must be accompanied by any other information that the approving authority determines to be relevant. M.R. 12/2017 ; 2/2021 DECISIONS ON APPLICATIONS Required rejection 7(1) If a council that is not an approving authority has made a resolution under subsection 125(1) of the Act rejecting the application, the approving authority must reject the application. Decision when resolution to approve application 7(2) If a council that is not an approving authority has made a resolution under subsection 125(1) of the Act approving the application, the approving authority must consider the application using the evaluation criteria set out in Schedule B and either (a) reject the application; or (b) give conditional approval to the application. Decisions by council acting as approving authority 7(3) A council that acts as an approving authority must consider each application using the evaluation criteria set out in Schedule B and either (a) reject the application; or (b) give conditional approval to the application. M.R. 2/2021 Approval of subdivision by plan 8 If the proposed subdivision is by plan, the approving authority must not endorse its approval on the plan unless it has received confirmation from the Land Titles Office that the plan is acceptable for registration. APPLICATION FOR MINOR SUBDIVISIONS Minor subdivisions 9 If the approving authority deals with an application for minor subdivision as provided for in subsection 124(3) of the Act, then the application is not subject to sections 6 or 7. M.R. 13/2014 Repeal 10 The Subdivision Regulation , Manitoba Regulation 364/87, is repealed. SCHEDULE A (Section 5) FEES 1. General Fees (a) application fee for subdivision approval 2. Approval Fees An applicant must pay a fee of $300 if an application is approved. If the approval results in the creation of additional parcels or lots, the applicant must pay a further fee of $300 for each parcel or lot created (a) other than the first parcel or lot created; and (b) other than a parcel or lot that is shown on a plan of subdivision as public reserve, Crown reserve, public road, a lane, a walkway or a drain. M.R. 82/2011 ; 79/2013 ; 212/2014 ; 144/2015 ; 126/2016 ; 5/2019 ; 44/2025 SCHEDULE B (Subsection 7(2)) EVALUATION CRITERIA Definitions 1 The following definitions apply in this Schedule and Schedule C. "arterial street" means a street intended to move traffic to and from major attractors such as a central business district, shopping centres, industrial areas, colleges or similar institutional uses. (« artère ») "collector street" means a street that serves a neighbourhood or large subdivision and is intended to move traffic from local streets to arterial streets and to which direct access from individual properties is normally limited. (« rue collectrice ») "controlled access arterial street" means an arterial street intended for through traffic and to which direct access from individual properties is not normally permitted. (« artère à accès limité ») "local street" means a street intended to provide access to other streets from individual properties. (« rue locale ») "northern residential subdivision" means a residential subdivision located in Northern Manitoba. (« lotissement du Nord à usage résidentiel ») "rural residential subdivision" means a subdivision other than an urban residential subdivision, resulting in the creation of lots used or intended to be used as permanent residences. (« lotissement rural à usage résidentiel ») "seasonal recreational subdivision" means a subdivision resulting in the creation of lots used or intended to be used as vacation residences for part of the year and not as permanent residences. (« lotissement à usage récréatif saisonnier ») "serviced lot" means a lot from which private sewage is disposed of by means of a central piped sanitary sewer system or a pump-out holding tank. (« lot viabilisé ») "unserviced lot" means a lot that is not serviced. (« lot non viabilisé ») "urban residential subdivision" means a subdivision resulting in the creation of lots used or intended to be used as permanent residences located within (a) an incorporated city, town or village, local urban district or any recognized settlement centre; or (b) a local improvement district created for either sewer or water and sewer purposes. (« lotissement urbain à usage résidentiel ») General evaluation criteria 2 The design of a proposed subdivision must be suited to the purpose for which the subdivision is intended, and the approving authority must consider the following matters with respect to the land that is the subject of an application for subdivision: (a) its topography; (b) its soil characteristics; (c) its surface and subsurface drainage, including water table levels; (d) potential hazards such as flooding, subsidence, landslides, erosion and other similar risks; (e) existing and prospective uses of land in the vicinity; (f) layout of public roads; (g) provision of sewage disposal, potable water and other services; (h) distinction and compatibility between pedestrian and vehicular traffic; (i) segregation of traffic flow as between major thoroughfares and minor streets; (j) convenience of access; (k) dimensions, shape and orientation of each lot; (l) protection of natural features and heritage resources; (m) protection of critical fish and wildlife habitat; (n) protection of ground water and surface water; (o) protection against pollution, including methane gas seepage and other potential environmental risks; (p) anticipated need for school sites, recreational facilities and parks; (q) provision for buffers between incompatible land uses; (r) connections to a provincial or regional road network; (s) the efficient use and conservation of the value of the land; (t) such other matters as the approving authority considers relevant to the land. Public roads 3 In order to provide for highways, roads and streets of suitable location and dimensions, and to accommodate prospective traffic and afford satisfactory access to police, fire fighting, snow removal, sanitation and road-maintenance equipment, and to co-ordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards are required for every proposed subdivision: (a) public roads located within or adjacent to a proposed subdivision must be classified with regard to present and future traffic requirements and adjoining uses, and the minimum widths of public roads in each class must be as follows: (i) controlled access arterial street: 45 m, (ii) arterial street: 30 m, (iii) collector street: 25 m, (iv) local street: 18 m, and in a subdivision for industrial purposes: 25 m, (v) loop street and cul-de-sac: 15 m, (vi) frontage street: 18 m, (vii) lane: 6 m, (viii) provincial highway or road: as required by the Department of Transportation and Infrastructure, (ix) municipal road: 20 m, but no public road may be less than 20 m wide where a storm sewer system is not provided; (b) provision must be made for eventual widening of a provincial highway or road which has been designated for widening by the Department of Transportation and Infrastructure; (c) in both an urban residential and a seasonal recreational subdivision, (i) continuous frontage on straight or curvilinear streets must not exceed 375 m, except where a public walkway at least 3 m wide is provided near the mid-point giving direct access to an adjacent street, continuous frontage must not exceed 500 m, (ii) continuous frontage on each side of a cul-de-sac must not exceed 110 m to the turning circle, except where an emergency exit from or near the turning circle is provided, continuous frontage must not exceed 230 m, and (iii) continuous frontage on a loop street must not exceed 675 m; (d) in a rural residential subdivision, continuous frontage on each side of a cul-de-sac must not exceed 460 m; (e) a lane must not exceed 10 m in width, and must connect at each end with a public roadway or another lane, except where one end is to be permanently closed, in which case a turning circle at least 12 m in diameter must be provided; (f) a street cul-de-sac must terminate in a turning circle at least 35 m in diameter; (g) intersections must be at least 75 m apart measured from centreline to centreline; (h) centreline offsets of less than 45 m are not permitted; (i) the corners of streets that intersect at an angle of more than 15 degrees from the perpendicular must be cut off by a straight line a distance of at least 5 m from the point of intersection; (j) the maximum gradient for local streets must be 7% and for collector and arterial streets must be 5%; (k) streets must be laid out so that they are constructed on land which has a natural cross slope of less than 15%; (l) the street system in a plan of subdivision must be integrated with the existing street system so that there are at least two points of access, and where a subdivision is to be developed in stages, there must be at least two points of access at each stage, one of which may be temporary; (m) a street which is to be developed in stages must have at the dead-end a temporary turning circle conforming to clause (f). M.R. 2/2021 ; 115/2025 Lot requirements for subdivisions 4 Where land is proposed to be subdivided, the following requirements apply: (a) the minimum size and dimensions of each lot in a subdivision must be as set out in Schedule C, unless a zoning by-law sets out the minimum lot size; (b) every lot or parcel must have frontage on a public road; (c) a lot must not front on two parallel or approximately parallel streets, except where the land is intended for a shopping centre, industrial development or similar type of use; (d) the side lot lines of all lots must be at approximately right angles or radial to the street centreline; (e) the depth-to-width ratio of a lot must not exceed 3:1, and must not be less than 1:1. Exception 5 The requirements set out in sections 3 and 4 of this Schedule do not apply where a development plan, secondary plan, or zoning by-law provides otherwise. Substantial compliance with requirements 6 Where compliance with section 3 or 4 of this Schedule would be unreasonable or impractical, an application which substantially complies with the requirements of those sections may be approved. SCHEDULE C (Section 4 of Schedule B) SIZE REQUIREMENTS FOR LOTS IN SUBDIVISIONS MINIMUM LOT WIDTH MINIMUM LOT AREA URBAN RESIDENTIAL SUBDIVISION Detached single-family serviced lot — with rear lane 12 m 370 m 2 serviced lot — without rear lane 15 m 460 m 2 Duplex or semi-detached serviced lot — with rear lane 9 m per dwelling unit 250 m 2 per dwelling unit serviced lot — without rear lane 11 m per dwelling unit 325 m 2 per dwelling unit RURAL RESIDENTIAL SUBDIVISION Serviced or unserviced lot — with or without rear lane 60 m 8000 m 2 SEASONAL RECREATIONAL SUBDIVISION Serviced lot — with or without rear lane 20 m 600 m 2 Unserviced lot — with or without rear lane 30 m 1400 m 2 NORTHERN RESIDENTIAL SUBDIVISION Serviced or unserviced lot — with or without rear lane 30 m 1400 m 2 INSTITUTIONAL, COMMERCIAL AND INDUSTRIAL Serviced lot 7 m 225 m 2 Unserviced lot 60 m 8000 m 2