The subdivision of land in unincorporated areas of New Brunswick – the division of one parcel of land into two or more parcels, is subject to the approval of Regional Service Commission 11 development officers.
The subdivision approval process generally follows these steps:
- Consultation with a Development Officer to discuss your tentative subdivision proposal.
- Presentation of tentative subdivision plans to the Development Officer.
- Acquisition of required approvals from other provincial Departments.
- Hearing of the subdivision proposal by the Planning Review and Adjustment Committee of the Regional Service Commission 11, if required.
- Notification of required revisions from the Development Officer.
- Preparation of a final version of the subdivision plan by a licensed New Brunswick Land Surveyor.
- Approval of the final subdivision plan by the Development Officer.
- Registration of the approved subdivision plan at the Registry Office.
Subdivision approvals may also require approvals from other government departments, such as Watercourse and Wetland Alteration permits, Crown Land approvals, and Department of Health approval for on-site sewage disposal.
Regional Service Commission 11 also uses several internal guidelines to evaluate and give direction to subdivision applications, including the Guidelines for Lot Creation on Private Roads and the Water Supply Assessment Guidelines.
For more information on subdividing land, or to discuss your Request for a Tentative Subdivision Approval, please contact the development officer at the Regional Service Commission 11 office.
The Community Planning Act and the associated Provincial Subdivision Regulation regulate the minimum required sizes for residential lots.
The minimum lot size for a lot serviced by a private well and septic system is:
- 54 metres wide (180 feet)
- 38 metres deep (125 feet)
- 4,000 square metres in area (1 acre)
The minimum lot size for a lot serviced by a public sewer system is:
- 23 metres wide (76 feet)
- 30 metres deep (100 feet)
- 690 square metres in area (7,600 square feet)
The minimum lot size for a lot serviced by a public water and public sewer system is:
- 18 metres wide (60 feet)
- 30 metres deep (100 feet)
- 540 square metres in area (6,000 square feet)
If the proposed subdivision of land does not meet the minimum lot requirements set out by the Community Planning Act and the Provincial Subdivision Regulation, it is possible to request a reasonable variance from the Planning Review and Adjustment Committee of Regional Service Commission 11.
For more information on minimum lot standards and variances, please contact the Regional Service Commission 11 office.
The Provincial Subdivision Regulation states in Section 6(1) that every lot, block and other parcel of land in a proposed subdivision shall abut:
- a street owned by the Crown, or
- such other access as may be approved by the commission as being advisable for the development of land.
It is Regional Service Commission 11’s policy that public roads should be used to service subdivisions predominantly composed of year-round residential development, and that private roads are an acceptable means of access to areas used for resource related activities.
Developments which may be suited to access by a private road include:
- Water oriented residential uses;
- Water access;
- Resource or industrial uses;
- Hunting camps or recreation camps;
- Recreational commercial uses; and
- Conservation or utility uses.
Private roads should be constructed to a standard suited to the use or activity utilizing the road, and consideration should be given to safety, speed, sight visibility, continuity, and the provision of emergency services and routine maintenance.
Regional Service Commission 11’s complete policies and standards for subdivision on private roads can be found in the Guidelines for Lot Creation on Private Roads, July 2008.
For more information on subdivision proposals and private roads, please contact the Regional Service Commission 11 office.
The Community PlanningAct states in Section 49(2)(g) that tentative subdivision plans shall show the availability and nature of domestic water supplies. As well, the Provincial Subdivision Regulation states in Section 7(2) that a development officer shall not approve a subdivision plan if, in his opinion and in the opinion of the commission,
a) The land is not reasonably suited or cannot be economically suited to the purpose for which it is intended or may not reasonably be expected to be used for that purpose within a reasonable time after the plan is approved.
Regional Service Commission 11 requires that water supply assessments be completed to ensure that future owners of subdivided lots have a high probability of obtaining water with acceptable quality and in adequate quantities for domestic use in both the short and long term.
Abbreviated Water Supply Assessments are required for subdivision plans which:
- would create 10 or more lots, including the remnant; or
- is in an area with documented drinking water quality or quantity problems; or
- would create a cumulative total of 10 or more lots from an original lot.
Comprehensive Water Supply Assessments are required for subdivision plans which:
- had an Abbreviated Water Supply Assessment completed that recommended the subdivision plan be subject to a Comprehensive Water Supply Assessment; or
- would create 25 or more lots, including the remnant; or
- would create a cumulative total of 25 or more lots from an original lot.
Water supply assessments must be completed by a qualified hydrogeologist or a qualified professional engineer.
Regional Service Commission 11’s complete policies and standards for water supply assessments can be found in the Water Supply Assessment Guidelines.
For more information on subdivision approvals and water supply assessments please contact the Regional Service Commission 11 office.