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Home Frequently Asked Questions
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Frequently Asked Questions |
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- Listed in the tabs, below, are some frequently asked questions to our office:
Frequently, real estate agents and interested individuals call our office to inquire on an MLS or other real-estate listing to see what restrictions there may be on the property. Below is a list of information our office can provide, along with additional resources. Our office requires the name of the municipality and a specific location to find a property. The BEST way to give us the specific location is through a ROLL NUMBER, found on the property tax bill. Other ways that we may be able to use to find that property include: - - Title Number
- - Full Legal Description (Lot, Block, Plan)
- - Owner's Name, or
- - Civic Address
If you do not have this information, it will be difficult to assist you. Our office can provide information on: - - Acreage, approximate
- - Zoning
- - Possibility of subdivision
- - Development plan designation
- - Land use
Our office does not regulate sewage systems or wells. That is the jurisdiction of Manitoba Conservation. - R.M. of St. Andrews/St. Clements
- Contact: Ken Rappenchuk
- 446 Main Street
- Selkirk, MB
- R1A 1V7
- Ph: 204 785 5030
- R.M. of West St. Paul
- Contact: Randy Webber, Environment Officer, Red River Region
- 160-123 Main Street
- Winnipeg, MB
- R3C 1A5
- Ph: 204 945 7083
- Fax: 204 948 2338
Our office administers the respective zoning By-laws, providing general zoning information and requirements for properties in the R.M.'s of St. Andrews, St. Clements, and West St. Paul, and the City of Selkirk. Typically, our information includes setbacks of structures from property lines, permitted uses, and subdivision requirements. In some circumstances, we may have information on Development Agreements, however, these agreements are made with the respective R.M./City, and therefore they are the best source of further detailed information contained within Development Agreements. We are not likely to have information of restrictive covenants, easements, caveats, work orders issued by the Municipality/City, tax information, etc... Restrictive covenants, easements and caveats are listed on land titles; work orders issued by the R.M./City can be verified through the respective R.M./City; tax information can be verified through Assessment. Our office does provide Zoning Certificates to ensure that a property complies with various aspects of the Zoning By-law(s). These Certificates are listed under the Building Permits Section in the Services link on the right-hand menu. The lot must have legal frontage to be a buildable lot. Several parcels have caveat agreements with lots that have frontage onto a street for access, but this does not constitute legal frontage. If a parcel is land locked, it is NOT a buildable lot. The lot MUST have frontage on a registered road in order to be considered a buildable lot. Even if there are structures that exist on a land-locked parcel, further development will not be permitted without legal frontage. This is in accordance with the respective Municipal Zoning By-Law. Variance to this requirement can be applied for, to be heard by council, through a Zoning Variance. See Municipal Zoning, under Services. As well, while we may see from our perspective that a lot IS buildable, there may be other restrictions on the lot that our office is not aware of and that we do not regulate. These restrictions may include caveats, easements, restrictive covenants, potable water, sewage treatment requirements, access to the property, leins, development agreements, etc... Our office may have some of the mentioned information noted in our system, but we do not regulate these possible restrictions on titles. Property owners and potential owners often call our offices when they are interested in determining whether or not a parcel of land is subdividable. Below are the requirements of our office to help answer your questions: - Municipality
- Roll Number, found on the property's tax bill
We would strongly encourage people to refer to the Services section of this website, and open the section on subdivisions prior to calling our office, as many of your questions will be answered there. Further questions may be directed to Jennifer Ferguson, Community Planner. Please see the Contact Us link, above. When people are considering their options for building, they often call our office with questions. While every situation is unique, here are some general questions with typical answers... Typically, people are referring to required setback distances when they ask this question. In order to provide you with this information, we require two pieces of information from you: - The municipality in which the property is located, and
- The roll number of the property, found on the property assessment tax bill
Our office can also provide information on permitted uses, buildings, and structures, Manitoba Building Code requirements, setback requirements, height, site coverage, access, and size requirements as per the applicable Zoning By-Law, and possibility for subdivision. Other restrictions may apply to the property in question that we do NOT regulate. These restrictions may include caveats, easements, restrictive covenants, potable water, sewage treatment requirements, liens, development agreements, etc... Our office may have some of the mentioned information noted in our system, but we do not regulate these possible restrictions on titles. This question may also be regarding the requirements for a foundation. Typically, if an engineer's stamp is required, it is up to that engineer to determine the design of the foundation. If a geotechnical engineer's report is required (typically, when a structure is being built within 350 feet of the normal high water mark of the Red River, a tributary, or of Lake Winnipeg), this report should inform the engineer on the requirements of the foundation. As well, if on-site conditions determine a change in the foundation type, this change must be approved by the engineer. THE APPROVING ENGINEER(S) MUST BE CERTIFIED IN THE PROVINCE OF MANITOBA. If an engineer's stamp is NOT required, then the foundation must meet the minimum requirements of the Manitoba Building Code. The quick answer is that WHATEVER you buy, it MUST meet the requirements of the Manitoba Building Code as they apply for our area. Whether you are buying shingles, windows, lumber, insulation, or ANY other building material, the material MUST meet the minimum standards outlined in the Manitoba Building Code. Some products made in the United States DO meet the basic requirements and some DO NOT. You must read the stamps listed on the product to ensure that they meet the minimum requirements. A copy of these stamps is attached in a PDF document, below. To further explain why the Manitoba Building Code requirements MUST be met when building structures in the Province of Manitoba: The Manitoba Building Code is based on the National Building Code of Canada, however, the requirements are tailored not only to the Province, but also to the region they regulate. For example: - - Snow and wind loads may be greater in a specific area of Manitoba, therefore requiring more stringent minimum structural requirements.
- - Average temperatures in a region can change minimum requirements for insulation.
- - Soil conditions may change from region-to-region, or even site-to-site. This can determine the requirements for the foundation.
These minimum requirements are set in place and regulated by approving authorities to help ensure safe standards of construction are met at the time of construction. The Manitoba Building Code is reviewed and updated, generally, every five years. This is to help improve current standards and to ensure proper regulation of new building materials. To Download a PDF document of approved building materials, download the following four documents: - Appendix A, click here to download
- Material List, click here to download
- Grade Marking of Lumber 1, click here to download
- Grade Marking of Lumber 2, click here to download
In short: If the structure can contain a depth of water greater than two (2) feet, a permit IS required. Regardless of whether the structure is temporary, seasonal, or permanent, the criteria is the depth of water that the structure is capable of containing. Even if the homeowner decides to fill their pool, pond or hot-tub with no more than two (2) feet of water in depth, if the structure can contain more water, a permit IS required. To further: These requirements, and to which type of structure they apply, are found in both or either the Manitoba Building Code and/or the applicable Zoning By-Law. There are certain exceptions. People often inquire about rain barrels and why they do not then require a permit based on the above criteria. The simple answer is that this type of structure is not regulated by either the Manitoba Building Code or the applicable Zoning By-Law. Residents should note that a pool permit stays with the property. This means that if you have a movable structure: - You must get a new permit if you move it onto a new property;
- You must get a new permit if you change the location of the structure to an area that no longer protects the structure from unauthorized entry on the same property; and,
- You do NOT need a new permit if you disassemble and reassemble the SAME pool EVERY year in the SAME location
Whether the use of the second house is for worker's accommodations, a dependant family member in need of care, or as a guest house for visitors, the conditions of the zoning by-law for your property must be met. Generally, second houses on a title are only permitted by approval of Council through the approval of a Conditional Use or Zoning Variance. If there is a second house pre-existing on the property, generally, it CANNOT be replaced or rebuilt without approval by Council through a Conditional Use. If the use is maintained on the pre-existing structure, then it is legal non-conforming. If the use has ceased, then the structure cannot be turned back into the non-conforming use. Some residents may choose to build with materials that are not listed in the Manitoba Building Code, either as the material itself or as the manner in which it is used. Examples may include, but are not limited to: - - haybale construction
- - insulation products that double as a vapour barrier or structural material
- - S.I.P.S. panels
- - timberframe construction
- - geodesic domes, and
- - stackhouses (log cabins)
If these methods or materials are NOT regulated by the Manitoba Building Code, an engineer certified in the Province of Manitoba MUST certify the construction both PRIOR to construction start and UPON COMPLETION of construction. Often our office receives phone calls that must be redirected to the correct agencies, offices, and senior government departments. This section is provided to aid in the search for further information that our office does not provide, but that may impact the permit process our office administers. An Access Permit is required by the R.M. or City in which you are building. Our office does not require confirmation that an access permit has been taken out in order to issue your building permit, however it is a required permit separate from our building permit process. On all municipal roads this permit application is available at the respective Municipal Office (see below), or for the City of Selkirk at the Public Works Department. Call for required information: - If your site is on a Provincial Road or Highway, an access permit must be obtained from the Highway Traffic Board, Room 200-301 Weston Street, Winnipeg, Manitoba R3E 3H4. Call 945-8912 for information, or fax 783-6529.
Drainage of water from a property onto another property can only occur naturally. If a property owner wishes to develop their land and alter the natural drainage pattern, a development permit will be required through our office. If residents have concerns with drainage or erosion, they may contact our office to speak with a planner; for standing water, typically, drainage is a municipal concern and residents are directed to contact their municipal office. A Lot Grade deposit, also called a damage deposit, may be required by the R.M. or City of Selkirk, depending on the type of work being completed. This deposit typically is paid to ensure that Municipal infrastructure will not be damaged during construction. As well, it usually sets the elevation to which your building must be constructed to protect a foundation from backflow of water. Each Municipal body sets its own Lot Grade/Damage Deposit Fee, and each Municipal body will determine whether or not the deposit is required. If required, our office will not issue your building permit until we receive confirmation from the appropriate Municipal body that the applicant has paid the deposit and that the Lot Grade has been set, if applicable. It is NOT the applicant's responsibility to send us this information, as it MUST come from the R.M. or Public Works in the City of Selkirk. Often our office is asked: "How far away does my well or septic field have to be from my building or property line?" We do not regulate setback distances for these utilities. To get this answer, people are directed to call the respective conservation branch or public works office listed below. For the City of Selkirk, new infrastructure hook-up to City sewer and water is regulated through Public Works. Their office is located at: For the R.M.'s of St. Andrews and St. Clements, the On-Site Wastewater Management permit is issued through the Province of Manitoba Conservation Office. The Conservation office will determine the size, type and location of your sewage disposal system. It is the property owner's responsibility to ensure the proper disposal of any sewage in accordance with the regulations set by the Conservation office. Applicants typically hire a Provincially Certified Installer. This installer will do a soil test, or tests, on the property at edge of the the site of the proposed wastewater management system. This soil test will determine the size and type of system required. This information is brought to the Conservation office for review along with a registration form that should be provided by your Certified contractor. This registration form is also available at the Conservation office. For the R.M. of West St. Paul, the On-Site Wastewater Management permit is issued through the Province of Manitoba Conservation Office. - R.M. of West St. Paul
- Contact: Randy Webber, Environment Officer, Red River Region
- 160-123 Main Street
- Winnipeg, MB
- R3C 1A5
- Ph: 204 945 7083
- Fax: 204 948 2338
It is the property owner's responsibility to ensure the proper disposal of any sewage in accordance with the regulations as per the On-Site Wastewater Management Systems Regulation 83/2003. For a private system, applicants typically hire a Provincially Certified Installer, so long as the system will handle less than 10,000 litres (2200 IMP gallons) per day. Anything larger than this, typically requires local sewer or a lagoon system. This installer will do a soil test, or tests, on the property at the edge of site of the proposed wastewater management system. This soil test(s) will determine the size and type of system required. The design of the system, as a plan drawing, is brought to the Conservation office for review along with an application form that should be provided by your Certified Installer. Private wells: Typically, private wells DO NOT require any permits. A well-driller will submit a log to the ground water section of the Province of Manitoba Water Stewardship Office. A Water Rights Licence for private wells on property in the R.M.'s of West St. Paul, St. Andrews, and St. Clements is required ONLY IF: The well is for two-well exchange-return systems, irrigation use, commercial use, municipal works, or wells on Provincial or Federal lands. This permit can be requested through Manitoba Water Stewardship: Neighbouring Planning Districts - Brokenhead River PD
- Box 1330
- Beausejour, Mb
- R0E 0C0
- Phone: (204)268-6700
- Fax: (204)268-1504
- Eastern Interlake PD
- Box 1758
- Gimli, Mb
- R0C 1B0
- Phone: (204)642-5478
- Fax: (204)642-4061
- Fisher Armstrong PD
- Box 280
- Fisher Branch, Mb
- R0C 0Z0
- Phone: (204)372-6393
- Fax: (204)372-8470
- South Interlake PD
- Box 1219
- Stonewall, Mb
- R0C 2Z0
- Phone: (204)467-5587
- Fax: (204)467-8383
- Winnipeg River PD
- Box 70
- St. Georges, Mb
- R0E 1V0
- Phone: (204)367-6170
- Fax: (204)367-9028
Neighbouring Community Planning Services Regional Offices - Beausejour CPS
- 125-20 First Street
- Box 50
- Beausejour, Mb
- R0E 0C0
- Phone: (204)268-6063
- Fax: (204)268-6007
- Interlake (Selkirk) CPS
- 103-235 Eaton Avenue
- Selkirk, Mb
- R1A 0W7
- Phone: (204)785-5130
- Fax: (204)785-5155
Often our office is asked what the taxes are on a property, what the assessed value is, or why the zoning is different on their tax bill than what our office is telling them their property is zoned as... To find out the taxes on a property, people may call the respective Municipal office to ask if they can provide that information. The Municipality issues the property tax bill. Our office does not have this information. The Assessed Value of land and buildings is regulated by Assessment Services. Our office does have assessed values, but our information is not as current as Assessment Services. You may call them at: 204.785.5092; please have your Municipality and Roll Number, from your tax bill, available when you call. As well, Assessment services uses what they call "zoning" found on your tax bill. Their "zoning" is NOT the same as your property's zoning as regulated by the respective Municipal Zoning By-law. Often we get current or prospective residents inquiring how many animals they can have on their property. For livestock, our office, in conjuction with the Agriculture office in Beausejour, Manitoba, regulates the number of "animal units" allowed on a property. For pets, such as cats and dogs (not horses: they are livestock) the municipality will regulate the number of animals allowed and issue any required licenses. If the number of pets exceeds the amount allowed by the Municipality, then the animals are considered to be a part of a kennel; in which case, our office will let the property owner know if it is a permitted use for their property and what other regulations may apply. Provincial Highways regulates various Provincial Roads (PR), Provincial Trunk Highways (PTH), and intersections in our district. Typically, any Provincial corridor has a control zone that regulates development near PR, PTH, and intersections. If property owners wish to develop within this control zone, they must seek permission from Provincial Highways prior to building or developing. Our office, typically, will not hold a development permit pending highways approval, but property owners are strongly warned that permission is required prior to development commencing. Typically, control zones at: - PR's are 125 feet from the adjacent property line;
- PTH's are 250 feet from the adjacent property line; and,
- Intersections are 1000' feet from the centrepoint.
To seek highways permission, contact: To get a copy of your land title, property owners must contact the Winnipeg Land Titles Office (WLTO). Our office does not issue title numbers, nor are we able to confirm if a title is part of an active plan or a plan that has been made obsolete. To get this information people are directed to call WLTO: Land Surveying can ONLY be done by a Land Surveyor certified to work within the Province of Manitoba. Our office does NOT provide this service. If people wish to have a copy of their survey that might be held at our office, we will direct you to speak with the surveyor to access a copy of your survey. If we have a copy of your survey you are entitled to look at it and record information you may need. Our office CANNOT copy a land survey. There are many legal considerations that our office deals with, typically in the area of administrative law. The scope of administrative law that we deal with can seem overwhelming and sometimes unrelated if you do not know what to ask for when seeking advice. This section is intended to help the general public with some valuable information when it comes to the question "who's responsibility is it when...?" The Building By-law of the respective Municipality outlines these requirements in specific and should be referred in case of discrepancy or omission with the criteria listed on our website. Generally, the responsibilities of the owner are as follows: The owner: - when required, must appoint a qualified architect and/or professional engineer to perform all services required (Note: Only professionals certified to work within the Province of Manitoba will be considered as qualified professionals); - when required, must submit with the application to build the name and address of the person who will inspect construction and give notice of any changes to construction (Note: along with the cost of your building permit, our office typically provides inspections in accordance with the Manitoba Building Code, providing a minimum of 24 hours notice to our office, with some exceptions including but not limited to accessory buildings that are 592 square feet or less in size, house pressure treated wood (PWF) foundation construction, and any inspections outside regular business hours); - 1) - must obtain all permits, acceptances, and approvals required in conjunction with the proposed work, prior to commencing any work.
- 2) - must provide the following information:
- a) - the name address and telephone number of the contractor or person in charge
- b) - the name address and telephone number of the engineer and/or architect approving the construction design
- c) - the name address and telephone number of any inspection or testing agency; and
- d) - any change in or termination of employment of the above person(s)
- 3) - is responsible for the cost of repair of any damage to the public property as a result of undertaking work for which the permit was required;
- 4) - shall ensure that the structure is kept in a safe condition;
- 5) - shall stop work immediately when a stop work order has been issued; and
- 6) - shall comply with all other subsections of the building by-law, as required.
The Building By-law of the respective Municipality outlines these requirements in specific and should be referred in case of discrepancy or omission with the criteria listed on our website. Generally, the responsibilities of the designer are as follows: The designer: - 1) - when required, shall prepare the drawings and specifications and, when required, have construction inspected and certified by an architect and/or professional engineer skilled in the appropriate section of the work concerned and entitled to practice in the Province of Manitoba;
- 2) - if the responsible architect and/or engineer withdraws from the project, s/he shall immediately advise our office; and
- 3) - shall comply with all other subsections of the building by-law, as required.
The Building By-law of the respective Municipality outlines these requirements in specific and should be referred in case of discrepancy or omission with the criteria listed on our website. Generally, the responsibilities of the contractor are as follows: The contractor: - 1) - shall ensure work is carried out in accordance with this by-law, the Manitoba Building Code, and all provisions described on the permit and accepted drawings and specifications;
- 2) - shall give notice to our office
- a) - of the intent to do work that has been ordered to be inspected during construction (Note: Our office requires AT LEAST 24 hours notice);
- b) - of the intent to cover work that has been ordered to be inspected prior to covering, and
- c) - when work has been completed so that a final inspection can be made;
- 3) is responsible jointly and severally with the owner for work actually undertaken; and
- 4) - shall comply with all other subsections of the building by-law, as required.
The Building By-law of the respective Municipality outlines these requirements in specific and should be referred in case of discrepancy or omission with the criteria listed on our website. Generally, the responsibilities of our office are as follows: Our office: - 1) - is responsible for the administration and enforcement of the Manitoba Building Code and this By-Law;
- 2) - shall keep copies of all applications received, permits and orders issued, inspections and tests made, and of all papers and documents connected with the administration of the Manitoba Building Code and this By-Law (Note: Due to the Flood of 1997, some blueprint and other documents were destroyed by flood waters; also Note: our office CANNOT copy or release ANY of these documents from the office);
- 3) - shall answer any relevant questions as may be reasonable with respect to provisions of the Manitoba Building Code or this By-law when requested to do so, but except for design aids shall refrain from assisting in the laying out of any work and from acting in the capacity of an engineer or architectural consultant; and
- 4) - shall comply with all other subsections of the building by-law, as required.
Also, our office is bound by the Development Plan and The Planning Act. Zoning designations and guidelines for development are listed within the Development Plan; regulations for planning districts, zoning by-laws, variances, conditional uses, subdivision control, development permits, notices and hearings, and enforcement. Of interest, The Planning Act also details timelines for issuing permits and our capacity to withhold permits. To download our current Development Plan, please click here. To see The Planning Act on-line, please click here. Our office has hardcopy versions of the Building By-laws for each municipality. To see the By-law on-line, we have the following Zoning By-law versions available: - Rural Municipality of St. Andrews
- ZBL 4066
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