Provincial Planning Regulation
Frequently Asked Questions
- What is the Provincial Planning Regulation and why are the provincial land use policies only a part of this regulation?
- What are the key differences between the new Provincial Planning Regulation and the previous Provincial Land Use Policies (PLUPs) Regulation (184/94)?
- How was the review and drafting of the former PLUPs undertaken, who was involved and how was the public consulted?
- Who will be affected by the new Provincial Planning Regulation?
- When will development plans need to be made consistent with the new Provincial Planning Regulation?
- Why does the regulation have a specific section on development plans?
- The new Provincial Planning Regulation includes livestock operation requirements. Has anything changed with the new regulation around the classification of livestock or livestock operations?
- The new Provincial Planning Regulation makes reference to various strategies and plans to support development plans. What are they?
The Planning Act provides separate and distinct authorities to establish regulations for provincial land use policies, development plans and livestock operations. Rather than create separate regulations for each of these, Manitoba has created a single, comprehensive regulation that contains three distinct parts:
Provincial land use policies: express the provincial interest in the sustainable development of land, resources and infrastructure in the form of broad land use policy direction.
Development plan requirements: provide specific direction to planning authorities for the preparation, amendment and review of development plan by-laws. These requirements are intended to ensure consistency in the quality of plans across Manitoba.
Livestock operation requirements: prescribe how the number of animal units in a livestock operation are determined; identify minimum siting and setback distances; and define 'deemed single operations'. These requirements are intended to ensure a standardized approach to planning for livestock operations.
There are a number of significant differences between the previous PLUPs regulation and the new regulation.
One goal of the new regulation is to clarify the intent of the policies and make them more user-friendly. Some of this is addressed through the new layout and structure. Where some of the old policies were vague or prone to conflicting interpretation, the new regulation more clearly states the provincial interest in the use and sustainable development of land, resources and infrastructure.
The new regulation also gives more direction to local authorities for the preparation, review and amendment of development plans, as well as provides guidance for the preparation of other strategies and plans that support the implementation of a development plan. For example, 'wastewater management plans' are described and discussed in the new Provincial Planning regulation. ( See Question 8 below for more details on supporting strategies and plans).
In areas of Manitoba experiencing high growth or change, such as the Capital Region, certain provisions of the regulation will be more strictly applied. In areas experiencing limited growth or change, and where there is little potential for land use conflict, the regulation will be applied with more flexibility.
Overall, the intent of the new regulation is to strengthen the policies to ensure they adequately reflect important provincial concerns, such as protecting our water resources, and to express the provincial interest in and commitment to addressing emerging trends that are not covered in the previous regulation.
See the comparison document for details on the differences between the previous PLUPs regulation (184/94) and the new Provincial Planning Regulation.
An extensive review and consultation process was implemented involving a wide variety of individuals and organizations. See the Regulation Review, Rewrite and Consultation Process web page for details.
All planning authorities (including municipalities, planning districts and northern community councils) as well as provincial agencies that are responsible for land use planning and development should become familiar with the new regulation to determine how it might affect their future plans and activities.
All development plans and plan amendments will be assessed against the new regulation, commencing on the date the regulation was registered, June 20, 2011.
Prior to 2006, direction for development plans was contained in The Planning Act; however it was removed when the Act was reenacted in 2006. During the planning law review, it was determined that direction for development plans was more suitable in a regulation.
The new regulation has specific direction for the preparation, amendment and review of development plans, such as how plans are to be prepared, what background studies should be done, and how development plans should relate to other strategies and plans. These requirements were included to ensure consistency in the quality of plans across Manitoba.
Classification of livestock and livestock operations has not changed with the new regulation. See the Livestock Manure and Mortalities Management Regulation and The Planning Act for specific definitions.
Drinking Water Plan (DWP) and Wastewater Management Plan (WWMP): Recent legislative changes to The Planning Act now require a DWP and WWMP as part of the development plan process in Capital Region municipalities or planning districts. These plans outline how drinking water and wastewater management (treatment and associated infrastructure and services) are provided within a municipality (or planning district) and identify plans for the future development, expansion or upgrade of drinking water and wastewater systems to accommodate changing needs. DWPs/WWMPs also provide an estimate of the associated costs and financing mechanisms of the existing and planned systems and integrate elements of the land use plan, municipal financial plan and capital plan. As such, DWPs/WWMPs are an asset that can support and inform decisions regarding land use, infrastructure funding and any necessary permits and licensing.
Guides to assist planning authorities in preparing a DWP or WWMP are available on our Support Materials Page. Three sample WWMPs are also provided.
School Site Planning: It is important that development plans contain appropriate policies to support the educational needs of communities, and that prospective citizens in new residential areas have the most accurate information available on the location of future school sites. To facilitate this, school divisions must be part of the planning process. The Provincial Planning Regulation requires consultation between planning authorities and school divisions when preparing a development plan to ensure that the provision of school sites is addressed in local plans.
Additionally, recent changes to The Planning Act and City of Winnipeg Charter will legislate this consultation requirement, as well as provisions for conveying land for school sites, or cash in lieu, upon proclamation. See this Bill for detailed information.
Transportation Plan: To ensure linkages across Manitoba’s transportation system, the Provincial Planning regulation encourages the preparation of transportation plans and coordinating planning and development decisions with those plans. To support this, the Department of Municipal Relations is preparing a guide for the preparation of transportation plans in collaboration with Manitoba Infrastructure and Transportation.
Climate Change Action Plan: This plan outlines a strategy for meeting greenhouse gas emissions reduction targets of a municipality or planning district. Several municipalities in Manitoba have prepared climate change action plans. For more information on developing a climate change action plan in your community, visit the Community Led Emissions Reduction web site.
Integrated Watershed Management Planning: This is a cooperative effort by watershed residents, government and other stakeholders to create a long term plan to manage land, water and related resources on a watershed basis. For more details, visit the Manitoba Water Stewardship web site.
