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Acts and Regulations

84-292 - Provincial Set-back

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Document at 19 September 2015

NEW BRUNSWICK

REGULATION 84-292

under the

Community Planning Act

(O.C. 84-1070)

Filed December 20, 1984

Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:

1This Regulation may be cited as the Provincial Set-back Regulation - Community Planning Act.

2In this Regulation

“alter” means(modifier)

(a) to alter structurally so as to be closer to a highway or street, or

(b) to relocate;

“arterial or collector highway” means a highway classified as such, respectively, under the Highway Act;(route de grande communication ou route collectrice)

“district highway engineer” means the district highway engineer for the highway district in which it is proposed to place, erect or alter a building or structure for which a certificate of set-back is required;(ingénieur régional de la voirie)

“highway” means a road or village street which has been designated as a highway under the Highway Act;(route)

“highway district” means a portion of the province established as a highway district under the Highway Act;(district routier)

“private garage” means a building used for the storage only of not more than two motor vehicles;(garage privé)

“structure” means any erection of whatever nature or kind other than(construction)

(a) a building,

(b) a pole, tower or line of a telephone, telegraph or electric power utility, or

“village street” includes a rural community street.(rue de village)

2005-37

APPLICATION

3This Regulation does not apply

(a) in a city or town;

(b) in a village that has a zoning by-law in effect;

(b.1) in a rural community that has a rural plan by-law in effect; or

(c) to any portion of an arterial or collector highway on which the Minister of Transportation and Infrastructure has designated a control line under the Highway Act.

2005-37; 2010, c.31, s.27

SCOPE

4No person may place, erect or alter a building or structure, or any part thereof, or make any excavation preparatory thereto, within thirty metres of a boundary of a highway or village street unless a certificate of set-back pursuant to section 6 is first obtained.

SET-BACK

5(1)Subject to this section, no building or structure may be placed, erected or altered so that any part of it is less than

(a) 15 metres from a boundary of an arterial or collector highway; or

(b) 7.5 metres from a boundary of a village street or highway other than an arterial or collector highway.

5(2)The provisions of paragraph (1)(a) do not apply to a private garage on a foundation of a non-permanent nature provided no part of such garage is placed, erected or altered so that it is less than seven and one-half metres from the boundary of an arterial or collector highway.

5(3)A building or structure may be placed, erected or altered so that it is as near a boundary of a highway or village street as existing buildings or structures, provided that

(a) the existing buildings or structures are on each side of and immediately adjacent to such building or structure; and

(b) the nearest side of each existing building or structure immediately adjacent thereto will be within thirty metres of the nearest side of the building or structure to be placed, erected or altered.

86-182

CERTIFICATE OF SET-BACK

6(1)No person may perform any work mentioned in section 4 within an area mentioned in that section unless a certificate of set-back therefor has been issued.

6(2)A person seeking to obtain a certificate of set-back shall make application

(a) to the development officer, where the work is to be performed in a village or rural community that has such an officer; or

(b) to the district highway engineer, where paragraph (a) does not apply.

6(3)An application for a certificate of set-back shall

(a) be in writing;

(b) be in a form provided by the Director;

(d) establish the proposed location of the proposed building or structure;

(e) specify the dimensions of the proposed building or structure;

(f) denote the type of construction;

(g) state the intended use of the proposed building or structure;

(h) set out the distance of the nearest part of the proposed building or structure from the center of the highway or village street;

(i) indicate, identifying as existing or proposed, all accesses to the highway or village street from the parcel of land on which the building or structure is to be located; and

(j) contain such other information as may be required by the development officer or the district highway engineer, as the case may be, for the purpose of determining if the proposed construction or alteration meets the requirements of this and any other applicable by-law or regulation.

6(4)When it is countersigned by the development officer or district highway engineer having jurisdiction, an application under this section shall constitute a certificate of set-back.

6(5)Once it has been constituted pursuant to subsection (4), a certificate of set-back shall be issued forthwith.

2005-37

7Regulation 75-30 under the Community Planning Act is repealed.

N.B. This Regulation is consolidated to December 17, 2010.