Development plan for planning districts

40(1)       The board of a planning district must prepare a development plan for the entire district. Development plan for municipalities

40(2)       The council of a municipality that is not part of a planning district must prepare a development plan for the municipality.

40(3)       A development plan is not required for land in unorganized territory.

             Consistency with provincial land use policies

41          A development plan must be generally consistent with provincial land use policies.

42(1)       A development plan must (a) set out the plans and policies of the planning district or municipality respecting its purposes and its physical, social, environmental and economic objectives; (b) through maps and statements of objectives, direct sustainable land use and development in the planning district or municipality; (c) set out measures for implementing the plan; and (d) include such other matters as the minister or the board or council considers advisable.

42(2)       The development plan must include a livestock operation policy that guides zoning by-laws dealing with livestock operations by

(a) dividing the planning district or municipality into one or more areas designated as follows:

(i) areas where the expansion or development of livestock operations of any size may be allowed,

(ii) areas where the expansion or development of livestock operations involving a specified maximum number of animal units may be allowed,

(iii) areas where the expansion or development of livestock operations will not be allowed; and

(b) setting out the general standards to be followed in the planning district or municipality respecting the siting and setback of livestock operations.

42(3)       A designation of an area under subclause (2)(a)(i) or (ii) is subject to subsection 72(2) (restricted zoning for large livestock operations).

43          A development plan may set out the date by which the board or council must complete a review of it under clause 59(1)(a).

44(1)       When preparing a development plan, a board or council must (a) hold one or more public meetings to receive representations on the plan; and (b) consult with a qualified land use planner.

44(2)       After preparing a development plan, the board of a planning district must consult with the councils of its member municipalities.

45        A board or council must adopt a development plan for the planning district or municipality by By-law

46(1) Between first and second reading of the development plan by-law, the board or council must hold a public hearing to receive representations from any person on the proposed development plan, and give notice of the hearing in accordance with section 168

46(2)       After the hearing, the board or council may, if it determines that the proposed development plan does not require alteration or requires only a minor alteration that does not change the intent of the plan, make any required alteration and give the by-law second reading;

1. if it determines that the proposed development plan requires a major alteration that changes the intent of the plan,
1. make the required alteration,
2. hold another public hearing in accordance with subsection (1) to receive representations on the alterations to the plan, and
   give the altered by-law second reading
3. or pass a resolution not to proceed with the by-law; or
2. pass a resolution not to proceed with the by-law.

46(3)       If the board or council passes a resolution not to proceed with the by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection (1).

47(1)       As soon as practicable after the development plan by-law is given second reading, the board or council must submit the by-law to the minister for approval.

Requirements

47(2)       The board or council must give the minister

(a) two certified copies of the by-law; and

(b) one copy of the minutes of the hearing held under subsection 46(1) and each written submission filed at that hearing.

No adoption until approval

47(3)       The board or council must not give third reading to the by-law until the minister has approved it under section 51.

Notice of second reading

48          As soon as practicable after submitting the development plan by-law to the minister for approval, the board or council must send a notice to every person who made a representation at the hearing held under subsection 46(1) stating that
second reading was given to the by-law;

the by-law has been submitted to the minister for approval; and

any person who made a representation at the hearing may file an objection with the minister that sets out the reasons for his or her objection, within 14 days after the notice is given.

Referral to Municipal Board

49          Before deciding whether to approve the development plan by-law, the minister may refer an objection to the by-law filed under clause 48(c) or a specific question or issue about the by-law to the Municipal Board.

50(1)       If the minister makes a referral under section 49, the Municipal Board must
hold a public hearing to receive representations from any person on the objection, question or issue referred to it; and 
at least 14 days before the hearing, send notice of the hearing to

1. the minister
2. the board or council involved
3. every person who made a representation at the hearing held under subsection 46(1), and (iv) any other person it considers appropriate.

50(2)       After holding the hearing, the Municipal Board must submit a report to minister setting out its recommendations on the objection, question or issue referred to it.

Minister's decision

51(1)       After receiving copies of the development plan by-law and any objections to it, and after considering any recommendations of the Municipal Board under section 50, the minister may (a) approve the by-law with no alterations or conditions; (b) approve the by-law, subject to the board or council (i) making any alteration to the by-law required by the minister, or (ii) complying with any condition imposed by the minister; or (c) reject the by-law. Consultation

51(2)       Before requiring an alteration to the by-law or imposing a condition when making an approval under clause (1)(b), the minister may consult with the applicable board or council. Notice of decision

51(3)       The minister must provide the board or council with written notice of his or her decision. Third reading

52          A board or council may give third reading to a development plan by-law approved under clause 51(1)(a) or (b), but only after (a) making any alterations to the by-law specified by the minister; and (b) complying, or agreeing to comply, with any condition imposed by the minister.

53          As soon as practicable after giving third reading to the development plan by-law, the board or council must (a) give the minister a certified copy of the by-law and as many additional copies as the minister may request; (b) give the minister an electronic copy of the development plan in a format acceptable to the minister; and (c) send a notice stating that the by-law has been adopted to

(i) every person who made a representation at the hearing held under subsection 46(1), and

(ii) every person who made a representation at the Municipal Board hearing, if one was held. By-law not subject to appeal

54          Once adopted, a development plan by-law is binding on all persons and is not subject to appeal. Resolution not to proceed

55          If the board or council decides not to proceed with a development plan by-law that was approved by the minister under clause 51(1)(a) or (b), the board or council must pass a resolution not to proceed and send a copy of it to

(a) the minister;

(b) every person who made a representation at the hearing held under subsection 46(1); and

(c) every person who made a representation at the Municipal Board hearing, if one was held.

Amending development plan by-law

56(1)       An amendment to a development plan by-law may be initiated

(a) by the board or council; or

(b) by the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council. Application by owner may be refused

56(2)       An application for an amendment to a development plan by-law under clause (1)(b) may be refused if, in the opinion of the board or council, (a) it is without merit; or (b) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made. Amendment process

57          Sections 46 to 55 apply to amendments to a development plan by-law, with any necessary changes. Exception for minor amendments

58(1)       A board or council may apply to the minister to make a minor amendment to the development plan by-law, or amend the by-law to correct an error or omission, without complying with section 57. The application must include a copy of the proposed amendment.

Decision

58(2)       The minister may give the board or council written authorization to amend the development plan by-law without giving public notice, holding a hearing or submitting the amendment to the minister for approval, subject to any conditions set out in the authorization, if the minister is satisfied that (a) the proposed amendment is a minor one that does not change the intent of the development plan; or (b) the proposed amendment is required to correct an error or omission.

Periodic review

59(1)       A board or council must complete a detailed review of its development plan (a) on or before the deadline set out in the development plan; or (b) if the development plan does not contain a deadline for review, within five years after the development plan by-law is adopted.

Minister's order for review

59(2)       The minister may, by written order, require a board or council to complete a detailed review of its development plan on or before the date specified in the order, or such later date as the minister may by further order allow.

Method of review

59(3)       A review of a development plan must include (a) a comprehensive examination of the plan; and (b) public consultations.

By-law to be re-enacted or replaced

59(4)       Upon completion of the review, the board or council must re-enact the development plan by-law or repeal and replace it with a new development plan by-law, in accordance with the process set out in sections 46 to 55.

Order

60          After consulting with a board or council, the minister may order it to adopt a development plan or amend the development plan by-law of the planning district or municipality within a time specified in the order.

Minister may amend or replace by-law

61(1)       The minister may prepare a development plan by-law or an amendment to the development plan by-law of a planning district or municipality if the board or council (a) fails to comply with an order under section 60; or (b) fails to conduct a review of its development plan as required under section 59; and submit the amendment or new by-law to the Lieutenant Governor in Council for approval.

Referral to Municipal Board

61(2)       Before submitting the amendment or new by-law for approval, the minister may refer it to the Municipal Board for a hearing in accordance with section 50. After receiving the recommendations of the Municipal Board, the minister may make alterations to the amendment or new by-law.

Approval by Order in Council

61(3)       The Lieutenant Governor in Council may, by order, approve the amendment or by-law submitted by the minister. This order has the effect of enacting the development plan by-law or amending the existing development plan by-law as if it were enacted or amended by the board or council under this Division.

62(1)       Subject to subsection (2), provincial land use policies no longer apply to a planning district or municipality that has adopted a development plan by-law.

Policies apply to amendments and review.

62(2)       An amendment to a development plan by-law and the re-enactment or replacement of a development plan by-law under subsection 59(4) must be generally consistent with provincial land use policies.

Consideration of Water Protection Act

62.1        When preparing a development plan or amending or re-enacting a development plan by-law, a board or council must consider the application of the following insofar as they relate to land within the planning district or municipality: (a) any regulation made under section 4 of The Water Protection Act governing, regulating or prohibiting any use, activity or thing in a water quality management zone designated under that Act; (b) any watershed management plan approved under The Water Protection Act.

The current Planning Act came into force in 1976. This Act and its predecessors have provided a legislated process to ensure that land use and development proceeded in an orderly manner. The Act provides the foundation for Planning Districts. Planning Districts promote a coordinated approach to planning by involving more than one municipality and addressing issues that cross geographic boundaries. The Selkirk and District Planning Area Board was established on May 25th, 1977 and included the Town of Selkirk, R.M. of St. Andrews and R.M. of St. Clements. The R.M. of West St. Paul, formerly a part of the City of Winnipeg, joined in 1989. The Selkirk and District Planning Area consists of approximately 1,580 square kilometres (3,610 square miles) and covers an area from the northern boundary of Winnipeg to the southern basin of Lake Winnipeg. Population is in excess of 32,000.

Goals and Objectives of the Development Plan:

The Development Plan is a statement of the Planning District's goals for future development. By-law 122 provides the framework for all municipal land use decisions within the District. It replaced the Basic Planning Statement of 1979, The Selkirk and District Planning Area Board Development Plan By-law 15 of 1981 and supercedes the Provincial Land Use Policies.

Requirements of the Development Plan Section 42, subsection 1 of The Planning Act establishes the main requirements of a Development Plan.

The development of the District should be guided by a development strategy to ensure the preservation of assets and the affordable distribution of land uses. Furthermore, the concept of development should also pertain to human development and environmental stewardship. It is beyond the scope of this document to detail much other than the land use control strategy, however, development control cannot be taken in isolation from the enrichment to life. Accordingly, the development strategies have three components - land development, environmental consciousness and economic/human development.

3.1 Land Development Critical to the development objectives of this plan are 5 principles which are fundamental to all policies for land development which follow: These principles are as follows:

3.1.1. To seek to support and strengthen agriculture as the dominant land use in the district;

3.1.2. To prevent the encroachment of non-farm related land uses into the rural area, with the exception of allowing limited commercial establishments to be situated adjacent to a major thoroughfare and to serve a local community, (e.g. neighbourhood service station and convenience store adjacent to a highway);

3.1.3. To promote the Town of Selkirk as the focal point for urban scale developments, the R.M. of St. Andrews and the R.M. of St. Clements for rural residential, limited suburban and settlement centre developments and the R.M. of West St. Paul for rural residential settlement and limited suburban development;

3.1.4. To support and maintain the existing and potential seasonal and recreational residential development adjacent to the shores of Lake Winnipeg, the Red River and its tributaries;

3.1.5. To permit development of land only when environmental limitations posed by ground water supply and quality, soil structure, significant natural features and neighbouring land use can be mitigated to allow such development; and

3.1.6. To disallow further rural residential lot creation that would expand or increase density and require development plan amendments prior to the completion of studies and evaluations as a basis for the formulation of a long term strategy to guide development in the District.

To prevent the piecemeal fragmentation of land, the development strategy will require that a conceptual plan be prepared, when required, to guide the efficient, affordable servicing of land. Developments must be designed to complement existing neighbourhoods and not pose a hardship to provide and maintain infrastructure. In recognition of existing uses of land that preceded the Development Plan, non-conforming uses shall be allowed to continue, subject to certain criteria. These criteria will be that the use is compatible with adjoining property uses, does not create an environmental hazard, or generate undue traffic. Any change to the use must be in compliance with the Plan. 3.2 Environmental and Conservation Consciousness in Development.

Without a coordinated strategy of development and utilization of land, harmful effects may reduce the quality of life economically, socially, physically and environmentally. The concept of "sustainable development" has been proposed for a new consciousness toward land development and the inter-relationships between development and regional and global communities. "Think globally, act locally." Previous exercises to drain wetlands, to develop farmland and forests may impact on present and future generations. A current issue throughout southern Manitoba and other major populaces is regional waste disposal, necessitated mostly because landfill sites for urban areas are nearing capacity. A concept of sustainable development would at minimum, consider economic and environmental considerations in decision-making, would replace natural resources where possible by reusing and recycling materials, would consider future generations in decision-making, and would adopt a philosophy to emphasize greatest efficiency in such areas as energy utilization. Orienting buildings to the south, for example, can maximize solar energy gain.

The well-being of the citizens of the community is an aspect of development. Generation of a commercial and industrial tax base will offset residential taxation. Generation of the tourist dollar will similarly promote and enhance business ventures in the district. Economic benefits of these uses can also be an employment base for the citizens. As part of an overall strategic plan, recognition of an economic development strategy is seen to foster economic growth. The continuation of education programs also assists with human development. Similarly, adequate recreational pursuits contribute to human development. The provision of bicycle routes, where feasible, contribute both to human development and energy conservation.

The Selkirk District municipalities are members of the Capital Region Committee - a regional approach to issues which cross municipal boundaries. The formation of the Capital Region Committee was seen as a vehicle for the identification and discussion of regional issues such as human development, sustainable economic development, transportation, and environment and resources. In the spirit of sustainable development, the partnerships can meet the needs of citizens effectively and at lowest practical costs. The concept of "planning" is seen as more than a land use strategy and will link to complementary strategies for improving the quality of life.

The Development Plan is divided into four major parts: Part I is an Introduction to the Plan, providing some general background information and guidance. Part II deals with land use planning and development in the rural area of the district; all that area outside the boundaries of the Town of Selkirk. Sections include: Agricultural Resources, Renewable Resources, Mineral Resources, Ground Water Resources, Recreational Resources, Historical Resources, Ground Transportation, District Airports, Settlement Centres, Rural Residential Development, Industrial and Commercial.

Part III of the Development Plan deals with Town of Selkirk. The Town of Selkirk is the largest urban community not only in the District but in the Interlake region as well. It functions as a regional centre and has interests of a pronounced urban orientation in comparison to the rest of the District. Part IV of the Plan provides the means of administering and implementing the Development Plan.

To download the full version of By-law 122, the Development Plan for the Selkirk and District Planning Area Board, please click here.

Please note the Board did not give second reading to the proposed Development Plan on June 17, 2009.  As such, a public hearing will be scheduled in the fall.  Our office will post public notice once a date is set.  Until Second Reading is given, amendments are ongoing to the document.  Any changes will be posted on our website and be made available in-office for public viewing. A copy of By-law No. 190 and supporting material may be inspected by any person between 8:30 a.m. and 4:15 p.m., Monday through Friday at the Selkirk & District Planning Area Board office at 200 Eaton Avenue, Selkirk, MB.

The general intent of the above replacement Development Plan is to revise and update present land use policies and land use designations of the Selkirk and District Planning Area Board Development Plan. Changes to the land use policies are proposed relating to Agriculture and Resource, Historical Resources, Transportation, Municipal Services and Infrastructure, District Airports, Settlement Centres, General Development, Non-Farm Residential Development, Resort Development, Business Park, Industrial Areas, Commercial Development and the City of Selkirk.

The replacement Development Plan will have application to the whole District Planning Area which consists of the R.M of St. Andrews, R.M. of St. Clements, R.M. of West St. Paul and the City of Selkirk and is proposed as a result of a comprehensive review of the present Development Plan by the District Board.

To download a copy of the Background Report, please on the links, below:

Please note due to the size of certain images contained within the document, the report is split into 18 parts, therefore it is recommended that Part 1 is downloaded for the Table of Contents.

• Part 1: Cover Page, Table of Contents, Pages 1-12
• Part 2: Pages 13-53
• Part 3: Pages 54-70
• Part 4: Page 71
• Part 5: Page 72
• Part 6: Page 73
• Part 7: Page 74
• Part 8: Page 75
• Part 9: Page 76-96
• Part 10: Page 97
• Part 11: Page 98
• Part 12: Pages 99-133
• Part 13: Pages 134-148
• Part 14: Page 149
• Part 15: Pages 150-169
• Part 16: Pages 170-181
• Part 17: Pages 183-185 
• Part 18: Pages 186-209

The Second Reading document for the Development Plan is downloadable, below.  There will be a Public Hearing on October 21, 2009 at 7 pm in the City of Selkirk Council Chamber at 200 Eaton Avenue in the City of Selkirk.

Any questions or concerns may be addressed to Jennifer Ferguson, as listed in the "contact us" section.

If you wish to download the Second Reading document, please click the appropriate link, below:

• Development Plan (Document):

• File 1: Second Reading document (main text)

• Development Plan Designation Maps:
• Map 1: City of Selkirk
• Map 2: RM of West St. Paul
• Map 3: RM of St. Andrews North
• Map 4: RM of St. Andrews South
• Map 5: RM of St. Clements North
• Map 6: RM of St. Clements North Central
• Map 7: RM of St. Clements South Central
• Map 8: RM of St. Clements South
• Development Constraint Maps:
• Map 9: St. Andrews Airport Land Use Buffers
• Map 10: Regional Drainage System
• Map 11: City of Selkirk
• Map 12: RM of West St. Paul
• Map 13: RM of St. Andrews
• Map 14: RM of St. Clements
• Infrastructure Maps:
• Map 15: Waste Water Collection and Treatment Phasing - Winnipeg Primary Service Provider, Mixed Use Nodes and Park and Ride Locations
• Map 16: Waste Water Collection and Treatment Phasing - Inter-municipal systems as Primary Service Provider, Mixed Use Nodes and Park and Ride Locations
• Map 17: Sewer and Water Infrastructure Map
• Map 18: Road Network Transportation Map City of Selkirk
• Map 19: Road Network Transportation Map RM of West St. Paul
• Map 20: Road Network Transportation Map RM of St. Andrews
• Map 21: Road Network Transportation Map RM of St. Clements - Overview
• Map 22: Road Network Transportation Map RM of St. Clements - Detailed

Report of Changes