Permits

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	Ministry of Transportation

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Permits

Structures Permits

>> Encroachments
>> Setbacks

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

Encroachments

To apply for a permit for a structure encroaching onto the right-of-way:

Submit your application, with a supporting plan and details, to the Ministry of Transportation.
Your proposal will be reviewed, including a site visit and consultations if necessary.
Ministry staff will contact you with a decision, or a request for more information.
If your proposal is successful, you will receive a permit.

Apply for an encroachments permit.

Setbacks

The Province has specified a minimum building setback of 4.5 metres 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, then you must apply to the Ministry for consideration of relief from the minimum setback. If variance is required contact the District Transportation Office in your area to obtain application forms.

Preparation

Prepare plans showing the siting of the building within your property and distance from the front property line to the closest portion of your proposed building.

Plans should be drawn to scale with your property dimensions noted.

The legal description of your property should be noted on the application form as well as being illustrated on the plan.

Complete the application forms. Guide notes on the form will assist you in providing the necessary information.

Application

Submit your application, including plans, to the local District Transportation Office.

Evaluation

The District Development Technician will coordinate the review process for your application. You may be contacted by that office for the purpose of obtaining further information, discussing areas of concern with your proposal, or to arrange a meeting to discuss the application.

The review process will consider:

sufficiency of the present highway right-of-way to contain planned road improvements
compatibility of a reduced setback with the Ministry's transportation objectives
safety concerns associated with locating a building in close proximity to the front property line.

Decision

Following a favourable review a permit will be issued to you setting out the terms and conditions under which the reduction to the minimum setback has been granted. Should the application be denied you will receive notice in writing outlining the reasons for refusal. If, after reviewing any reasons for refusal, you believe the objections to your plans can be overcome, contact the District Development Technician to discuss the matter.

Implementation

Once you have your permit you may proceed with plans to construct the proposed building at the specified setback subject to the terms and conditions of the permit. You are advised to check with the building department of your local government body to obtain whatever permits they issue in conjunction with the building's construction. Our permit to you is not an authorization to build your proposed building. That approval rests with the local government. The permit we issue simply indicates our agreement to waiver the minimum setback standards adopted by the province.

Apply for a setback permit.

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