Residents and property owners

A land use plan is a regulatory document that proactively guides management of land and resources within a community boundary. The benefits of having a land use plan are:

• preventing conflicts between land uses
• protecting the safety and wellbeing of the public
• safeguarding the environment
• supporting vibrant rural and urban economies

To find out if your community has a land use plan, contact your local government or regional service commission (RSC).

Many communities in New Brunswick currently have a land use plan. All communities are required to have a land use plan in place by 2028. Land use plans are prepared and administered by a local government or regional service commission.  All land use plans (and amendments) must be approved by the Minister of Local Government.

There are three key players who administer land use planning in New Brunswick:

• Local governments provide local land use planning, development services, and building inspection.
• Regional Service Commissions (RSCs) provide local land use planning, development services, and building inspection services to all rural districts and some local governments that receive their services from the RSCs.
• The Minister of Local Government  and GNB’s Provincial and Community Planning Unit has overall responsibility for the Community Planning Act and approving land use plans.

Local planning

Land use planning services at the local level include:

• developing and amending land use plans and zoning by-laws
• reviewing and approving plans of subdivision
• issuing development approvals/permits and building permits
• reviewing applications for variances and rezoning

Regional planning

There are currently no regional land use plans in New Brunswick.  The Community Planning Act enables the creation of regional land use plans to help local communities collaborate across a region or sub-region.  Regional land use plans require the approval of the Minister of Local Government. Further information will be provided in the future. 

Provincial planning

The Provincial and Community Planning Unit at the Department of Environment and Local Government (ELG) is responsible for provincial-level land use planning, including the administration of the Community Planning Act and regulations adopted under the Community Planning Act, such as Statements of Public Interest.

Appealing a planning decision

Under certain circumstances, some planning decisions can be appealed.

Some land use decisions made by development officers or by a Planning Advisory Committee/Planning Review and Adjustment Committee (PAC/PRAC) may be appealed to the New Brunswick Assessment and Planning Appeal Board.  Types of land use planning decision that might be appealed include but not limited to development permits, variances, tentative plans of subdivision, terms and conditions imposed on a tentative subdivision or other approvals, extending non-conforming uses, and temporary uses.. 

Contact the New Brunswick Assessment and Planning Appeal Board about how to appeal a planning decision.

Decisions made by local government councils and the Minister of Local Government on land use plans, plan amendments, zoning by-laws and rezonings are not appealable to the New Brunswick Assessment and Planning Appeal Board. 

Creating a land use plan in your community

The creation of a new land use plan is usually initiated by the local government council.  In the case of a rural district, it is requested by the rural district advisory committee to the Minister of Local Government.

While each community designs its own process to best fit local needs, there are several basic steps involved in creating or amending a land use plan. Public involvement in the land use planning process is a requirement throughout the process. The general steps in the process include:

• Background Report:  A land use plan must be based on a background report of the economy; finances; resources; population; land use; transportation facilities; municipal facilities and services; and any other matter related to the present or future economic, social, or physical conditions of the local government or rural district.
• Engagement:  Various forms of engagement are used during the development of a land use plan, such as a working group, open houses, surveys, and public meetings, with First Nations, residents, businesses, provincial government departments and other stakeholders.
• Advice from PAC/PRAC: The views of the Planning Advisory Committee (PAC) or the RSC Planning Review and Adjustment Committees (PRAC) are requested by either the local government council or the Minister of Local Government.
• Public Hearing: Before the local government council or the Minister of Local Government can adopt and approve a land use plan by law, a formal public hearing must be held to obtain public feedback on the proposed plan. 
• Approval: After adoption by the local government council, the municipal plan by-law or rural plan by-law for a village or rural community is sent to the Minister of Local Government for approval. For a rural plan for a rural district, the plan is approved as a Ministerial Regulation. 

For more information about creating a new land use plan for your community, please contact the planning director at your local government or regional service commission (RSC).  

A zoning by-law (or the zoning part of a rural plan) is a regulatory document that divides the community into different zones. A zoning map shows the entire community and colour codes the various zones.  The land uses allowed and the conditions for use are specified for each zone.   

 Zoning by-laws (or the zoning part of a rural plan) are prepared and administered by your local government or regional service commission. To learn how zoning affects your property, please contact your local government or regional service commission (RSC).

Changing the zoning of your property

You can apply for a change in zoning (rezoning) if the proposed zoning does not fit with your property. A rezoning application is made through your local government or regional service commission (RSC).

Local government councils decide whether to approve rezonings. The Minister of Local Government makes the decision to approve or not approve rezonings within rural district boundaries.

A subdivision is the moving, removing or creation of new property lines.  The local development officer handles the review and approval of subdivisions.  For more information about how to apply to subdivide, please contact a development officer at your local government or regional service commission (RSC).

Variances are minor alterations to the requirements of a zoning by-law, zoning provisions within a rural plan, or a subdivision by-law, that are needed for a specific development or subdivision to be approved.

Some types of variances can be granted by the local development officer, but others require a decision of the Planning Advisory Committee/Planning Review and Adjustment Committee (PAC/PRAC). 

For information regarding variances and how to apply, contact a development officer at your local government or regional service commission (RSC). 

Development permit

Development approvals, often called “development permits”, are permissions issued by the local development officer to use a piece of property in a specific way.  Development permits are about the use and development of the land itself, whereas a building permit is a permission to construct a building.

Most development projects require a development permit, but some smaller-scale developments, like a small storage shed, may not. 

For information regarding whether a development permit is required for your specific project, and how to apply, contact a development officer at your local government or regional service commission (RSC). 

Getting a building permit

Local building inspectors are responsible for reviewing building permit applications, issuing building permits, and conducting inspections.

To see if a building permit is required for your specific building project and how to apply, contact a building inspector at your local government or regional service commission (RSC).

Other permits you may need

You may need to obtain other types of permits, licenses, or approvals for your project. Your local government or regional service commission (RSC) may be able to provide helpful information about other requirements but ultimately you as the project proponent are responsible to obtain all the legally required permits, licenses, and approvals for your project.