OVERVIEW
A subdivision is the splitting of a parcel of land described on a certificate of title. A subdivision occurs when a single land title is split into two or more parts, property boundaries are rearranged, or a lease, mortgage or other instrument is registered that has the effect of subdividing the parcel. With a few exceptions, a subdivision must be approved under The Planning Act before it can be accepted for registration at The Property Registry.
Subdivision process is a key tool for managing development. Subdivisions must be approved by both the Municipal Council and the subdivision Approving Authority. The Approving Authority for our District municipalities is delegated to the Regional Manager of Community & Regional Planning out of the Brandon Office.
Subdivisions must conform to:
- the Development Plan in effect for the jurisdiction in which the subdivision is located
- the provisions of the district-wide or individual municipal zoning by-law in effect for the jurisdiction in which the subdivision is located
- the Provincial Subdivision Regulations – MR. 137/2006.
The Province is Responsible for:
- Adopting the Provincial Planning Regulation MR. 87/2011
- Reviewing and Approving Municipal and District Development Plans
- Approving Subdivisions
PROCESS
The following is a general outline of the standard subdivision approval process:
Step 1: Consultation
Community Planning highly encourage reaching out with your potential subdivision. The office provides land owner enquiry support, free of charge, on proposed subdivision prior to submitting the Subdivision Application Map (SAM).
This service not only allows you to be aware of potential up front concerns, but also in providing information on the process of a subdivision before expenses are incurred.
If you, as the land owner, wish to do an enquiry, you may do so by calling 204-726-6267 or you may email brandoncrp@gov.mb.ca with the following questionnaire filled in.
1) What municipality is your future subdivision in?
2) Legal Description of land – section, township, range OR lot, block, plan (if applicable)
3) Roll number of and Status of Title # (If known)
4) How many acres is the property currently?
5) How many acres do you want the land being subdivided to be?
6) In what shape do you want to subdivide the land (EX. Square, Rectangle, follow along tree line and around the swamp)? Please provide a visual if possible.
7) What is the purpose to subdivide (ex. Sell yard site and keep farmland)?
8) If there is a current yard site, where is it located? (NW, NE, SW, SE)
9) If the land does not have a yard site, where do you want to create it? (NW, NE, SW, SE)
10) What type of septic system does the house have: Ejector/Septic Field/ Holding Tank/ Other
11) What type of water system does the house have: town, well, Sand point, cistern
12) Is there a shelterbelt around current yard site?
13) Are there any creeks, rivers, wetlands, swamps, or sloughs on property?
14) Do you farm the land? (Grain, hay, pasture)
15) Do they have any livestock on the property, If so what animals and approx. how many?
If Hog barn- # of animals and there stage if known ( Weanlings or farrow to finish)
16) Is there livestock (approx. how many) or a livestock/mining operation within a mile?
If Hog barn- # of animals and there stage if known (Weanlings or farrow to finish)
17) Road access – shared driveway or new? Will any new access points be needed for the remaining land?
Step 2: Application
The applicant submits their application, a subdivision application map, and supporting information to the office of the Approving Authority: the Community & Brandon Regional Planning Branch (CRP)
Please note that a survey will need to be done by a professional and many applicants engage a lawyer to help with the subdivision process.
The subdivision application is available on the Province of Manitoba’s website.
Community & Regional Planning Email | General Inquiry 204-726-6267
Step 3: Application Review
The planner reviews the subdivision application for completeness and circulates the application to government departments and agencies. Government departments and agencies have 20 days to provide comments.
The planner reviews comments and prepares a Planning Report with recommendations for municipal council.
Step 4: Council Review and Vote
Council approves the subdivision application with or without conditions, or rejects the application.
If Council approves the subdivision, the Approving Authority may issue a conditional approval letter and send it to the applicant.
If council approves the application despite outstanding objections from any government department or agency that cannot be resolved, the approving authority may reject the application.
Step 5: Conditional Approval and Tasks
The conditional approval letter is divided into two parts: requirements and conditions. It is the applicant’s responsibility to complete all tasks listed in both parts.
Some of the tasks may require you to obtain a Conditional Use Order or Variation Order. Those can be applied for through our office. See Conditional Use and Variances for more information.
Upon issuance of the Conditional Approval letter, applicants have 24 months to fulfill all conditions.
Step 6: Final Approval
Once the applicant has completed the requirements and conditions, the approving authority issues the Certificate of Approval and returns the approved plan to the applicant.
Step 7: Land Title Registration
The applicant submits the Certificate of Approval and approved plan to the Land Titles Office (LTO) for registration.
TIMING
The subdivision process takes approximately 6 months from the date of submission of a complete subdivision application to the date of Conditional Approval (if approved by Council and the MWPD Board).
Because you have 24 months to satisfy the Conditions in the Conditional Approval, the subdivision process can take the full 2 years.
For more information on the subdivision process, please review guide published on the Province of Manitoba’s website.
IMPORTANT NOTE
Conditionally approved subdivisions may be subject to municipal capital lot levies. To confirm applicable capital lot levy amounts for your proposed subdivision, please contact the municipality in which the subdivision is proposed.