Subdivision is the process of altering legal property boundaries. Typically, this involves dividing large parcels of land into smaller separate legal properties. A subdivision can also include the realignment of existing property lines or the consolidation of two or more properties. In any situation, Council decides whether or not a proposed subdivision is desirable and conforms to local land use bylaws and plans.
Any subdivision proposal should be well- planned before submitting an application. In preparing a proposal be aware of municipal plans, policies and regulations that may apply to the development. Municipal staff and provincial officials at the Community Planning Office in Steinbach can help review plans prior to application.
Preparing a Subdivision Application
A Subdivision Application Form must be filled out and submitted to the Community Planning Office in Steinbach with the following information:
- Name & address of property owner (if applicant is not property owner then include a letter of authorization)
- Address & legal description of property
- Brief description of proposed development (i.e. type of residential, commercial &/or industrial)
- Detailed layout of proposed subdivision (include lot dimensions, transportation network, public reserve, etc.)
- Certificate of Title (current within 30 days)
- Application fee
To ensure that council has all of the necessary background information, applications are circulated to various agencies and provincial government departments. Community Planning Services will collect the comments, summarize them and submit a report to council.
Council must review subdivision applications in consideration of The Planning Act, municipal plans, review agency comments, site conditions, local municipal services, traffic, environmental constraints, and development costs. Council can either approve the application with requirements and with or without conditions or they can reject the application. If council rejects the application, there is no right of appeal.
Council requirements can include lot fees, submission of building location certificates and development agreements. Subdivision conditions include standards of municipal services (e.g. sanitary sewers, road construction), development restrictions, or other planning approvals, such as a rezoning. Subdivision conditions can be appealed.
Approving Authority Decisions
The Minister of Intergovernmental Affairs or designate is responsible for final subdivision approval. Once the approval authority receives applications approved by the municipal council, it will further review the application to ensure that it meets provincial government regulations, local plans and the land is suitable for the intended purpose. If the application meets these criteria, the subdivision will be approved, with or without any additional conditions.
Appeals, Hearing and Certificate of Approval
Applicants who are not satisfied with the approving authority’s decision (Community Planning) can appeal to the Municipal Board. If a Municipal Board hearing is required, the hearing will be held, evidence presented (including by the applicant, municipality and review agencies) and your application will be subject to the decision of the Municipal Board. Municipal board decisions are final.
Once all conditions are met, a final condition of approval is issued. The applicant may then register the subdivision with the Land Titles Office.
Any Questions or Concerns?
Feel free to contact us and we would be pleased to assist you in anyway possible:
466 Sabourin Street
P.O. Box 40
MONDAY TO FRIDAY
8:30 A.M. TO 4:30 P.M.