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Checklist for Structural Setback

If you have or plan to build a structure within 4.5 metres of the right-of-way, you will need a permit for setback or encroachment. Please note, however, that the Ministry of Transportation discourages new structures built within these margins.

Structural setback scenario

Provide the following information on the application form:

  • the civic address of the property
  • the size and type of structure
  • the reason you require relief from encroachment and setback limitations.
  • the proposed distance of the structure from the property line and the name of the highway fronting the property

Provide Drawings. Plans shall be metric, drawn to scale, and show:

  • The exact offsets of the foundation and overhang of proposed or existing structures from the right-of-way boundary and the nearest internal property line
  • Any feature or structure which limits the placement of the subject structure from being constructed at the required setback distance
  • Any other structure on the subject property within the setback requirement area
  • An inset or additional plan showing the profile of the structure and terrain to the traveled road edge
  • The nearest edge of shoulder of the physical road
  • The road name, legal description, any property pins evident and a north arrow
  • Submit three copies of the plans if they are larger than 11" x 17"
  • In cases where the proposed setback or encroachment is to legalize and/or add to an existing structure, a BC Land Surveyor is to prepare the plans.

Provide a certificate of title and a letter of authorization from the registered owner(s) where the applicant is not the owner.

The applicant is responsible to assure that design and construction of the structure conform to all applicable legislation, bylaws and codes, and that all other necessary permits are applied for.

In addition, you may be required to have the property lines and extremities of the proposed structure's footings clearly flagged on site prior to Ministry inspection.


The Freedom of Information and Protection of Privacy Act was proclaimed on October 4, 1993. All personal and business information collected by the Ministry is subject to the provisions of the Act.