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.
Provide the following information on the application form:
- 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
The Province has specified a minimum setback of 4.5 metres, for any building, mobile home, retaining wall or other structure, from all highway rights-of-way under Ministry jurisdiction, unless you have access from another street, in which case the allowed setback is 3 metres.
Check with your local government to see:
- what their requirements are for siting of a building back from
the road or highway right-of-way
- if you can build your proposed development within the terms
of their codes
- if a variance will be required
- what procedure is established by the local government body
to obtain approval for a variance from their setback requirements
If the local zoning and building codes allow a setback of less than the provincial minimum, or if the local government is prepared to grant approval for a variance which would enable you to construct your building below the minimum provincial standard, or if a structure might interfere with the safe and efficient operation of traffic on the adjacent highway, then you must apply to the Ministry for consideration of relief from the minimum setback.
Apply for a setback permit.