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Policy: Municipal Drainage Policy
Section: Public Works Operations
Policy #PW 2024-03
Resolution #24-256
Effective Date: October 23, 2024
POLICY STATEMENT
On any given year, the municipality receives many drainage requests from landowners. As the
municipality works through and prioritizes its projects for the annual drainage plan, many smaller
projects are deemed to not have as much benefit to the overall municipal drainage system compared to
others. These projects are often left on the drainage list for several years. The municipality would like to
offer an alternate to the landowners wanting these minor drainage projects to be completed in a timely
manner. This "two-tiered drainage policy" should help attain this goal.
Purpose:
The purpose of this policy is to; a) allow property owners to fund drainage or perform minor drainage
requests in municipal ditches, and b) establish guidelines through defined process to perform this work.
This policy will ensure a fair and equitable process to get the work done safely and according to the
standards of the Gilbert Plains Municipality and provincial regulations.
Scope of Policy:
This policy applies to any work performed in the ditch including but not limited to silt or any other
material removal, ditch modification, culvert removal or modification or any other work which is subject
to any applicable legislative requirements, governing by-laws and/or other legal requirements regulated
by the province.
Definitions:
"CAO" means the Chief Administrative Officer as appointed by Council.
"Clerk" means the Municipal Clerk of the Gilbert Plains Municipality, or his/her designate.
"Council" means the duly elected Reeve and Councillors of the Gilbert Plains Municipality.
"Designated Officer" means any employee appointed as a designated officer within the Municipality.
"Ditch" means the drainage channel running parallel to the municipal road within the road allowance.
"Contractor" means a person or firm hired by the property owner to perform drainage on their behalf.
"Property Owner" means the registered owner of the property who applied for the drainage permit on
municipal ditches adjacent to their property.
"Site" means the work site or ditches approved by the Municipality for drainage.
General Provisions:
The municipality would like to offer the landowner the opportunity to a) fund the drainage
project under this policy to expedite the completion of the works or b) perform the drainage
under a private works permit. This policy shall provide the process on how these works shall be
applied for, reviewed, managed, and funded with either application.
Once the municipality has approved the Annual Municipal Drainage Plan in early spring, the
Public Works Manager shall contact the landowners to inform them that their projects were not
approved for the current year. They will be offered the opportunity to apply for the Two-Tiered
Drainage Option or the Private Works Drainage Option.
If the Landowner is interested, a signed application must be submitted in writing to the Public
Works Manager for processing. The application shall go through a maximum 45-day review
period to ensure the completion of the survey, design, and drainage licence application.
a) Funded Two- Tier Project
a. The project will undergo a review by the Public Works Department, and CAO to ensure that
the project makes sense and will not be detrimental or have a negative impact downstream
or to the watershed. The project will then be reviewed by Council once downstream
approval is obtained.
b. The project will also be reviewed by the province as part of the Drainage Licence Application
process. It is to be noted that the municipality does not have control over the length of time
that is taken for the provincial review process. Projects will not proceed without a provincial
drainage licence.
c. The Public Works department shall prepare an estimate on the cost of undertaking the
drainage works. The landowner shall have the opportunity to review the proposal, and if
he/she agrees, then a monetary deposit for the entire estimated cost of the proposal shall
be presented to the municipality prior to the commencement of the works.
d. The Landowner shall be responsible for the actual costs of the drainage project, which will
include hard costs such as the contractor or employee services, licensing, culverts and utility
clearances. The municipality shall cover the soft costs of the drainage project which would
include the survey time, application time, and mileage spent on the project.
e. The municipality shall be the project manager at all times, which includes providing an
estimate for the project to the landowner, approving and overseeing the contractors. At no
time shall a landowner intervene or control the contractor or employees hired by the
municipality.
a) Private Works Drainage
a. The application shall include a copy of the survey and design of the project.
b. The project will undergo a review by the Public Works Department, and CAO to ensure that
the project makes sense and will not be detrimental or have a negative impact downstream
or to the watershed. The project will then be reviewed by Council and submitted to the
province for the appropriate licence.
c. The project will be reviewed by the province as part of the Drainage Licence Application
process. It is to be noted that the municipality does not have control over the length of time
that is taken for the provincial review process. Projects will not proceed without a provincial
drainage licence.
d. The work shall be constructed as per the conditions outline in the approved Drainage
Licence from Manitoba Water Stewardship.
e. The landowner shall be responsible for all utility relocation and protection, including, but not
limited to, MTS and Manitoba Hydro and shall be liable for damage caused to utilities
located at this site.
f. Any excess excavated material shall be disposed of or leveled to an acceptable condition.
g. The construction, installation, and maintenance of operations of the permitted drainage
works, shall be accomplished with minimal interference of the use, operation, and
maintenance of the municipal or provincial right-of-way, and shall in no way, endanger the
general public.
h. The applicant/landowner and/or the contractor shall contact the Gilbert Plains Municipality
a minimum of 48 hours in advance of the work being undertaken.
i.
The applicant/landowner and/or contractor shall be held liable for any damage, injury, or
destruction resulting from the negligence of their staff and or agents and maintain ongoing
liability insurance coverage for the duration of the work and if requested shall provide
evidence.
j.
If remedial works are required to by done by Gilbert Plains Municipality to rectify a drain
that does not comply with the Licence and the Approved Drainage Plan, the costs of such
work will be the responsibility of the landowner. Should said costs not be paid in full, the
Municipality reserves the right to collect the charges via property taxes.
Exceptions to this Policy:
Where a conflict exists between the provisions of this policy and any legislative or legal requirement, the
legal requirement shall prevail.
Interpretation & Administration:
The CAO is responsible for interpreting and administering this policy, and such interpretations will be
final. Should an application be disputed, Council will have the final decision.
Policy Review and Procedure:
This policy will be reviewed as required, but in any case, no less than once per four (4) year term of
Council.
Road No.
Road No.
Road No.
Road No.
Appendix "A"
APPLICATION FOR DRAINAGE
Please complete this form in its entirety (please print); failure to do so will result in the rejection of the
application. All applicants will receive a written response to their application.
Collection of personal information on this form is in accordance with the Municipal Act. Questions about
the collection of this information or the completion of this application may be directed to the Public
Works Manager, Gilbert Plains Municipality, 201 Main Street, Gilbert Plains, MB R0L 0X0 or phone 1-204-
548-2370 or e-mail [email protected] or to the CAO at 1-204-548-2326 or
[email protected]
_____________________________________________________________________________________
CONTACT INFORMATION
Name of the property owner: ____________________________________________________________
Mailing Address: _______________________________________________________________________
_____________________________________________________________________________________
Telephone (home/cell): _________________________ Telephone (work): _________________________
E-mail Address: ________________________________________________________________________
LOCATION OF WORK:
Legal Description:
_____________
Road Numbers:
___________________
DITCH:
Depth:
Picture:
Length:
Details:
AUTHORIZATION:
I, ________________________________________________, HEREBY AM APPLYING FOR:
Two-Tier Drainage Works; OR
Private Drainage Works.
AUTHORIZATION:
I, ________________________________________________, HEREBY CERTIFIED THAT:
I am the registered owner of said property; and
The information contained in this application is true and complete.
I understand that the application is subject to final approval by the Gilbert Plains Municipality and the
Province of Manitoba, and I am aware that the work cannot be performed until an approval and a permit
is secured. The Municipality reserves the right to deny or refuse my application, or to discontinue this
policy at any time. The Municipality is not responsible for any costs incurred by the property owner or
their contractor in any way relating to performing this work.
If approved, I understand that I shall perform the work in accordance with the approved conditions and a
permit.
Signature: ______________________________
Date: __________________________________
APPLICATION FORM SUBMISSION INSTRUCTIONS:
Please submit this Application Form (fully completed) to:
Gilbert Plains Municipality
Attn: Public Works Manager
201 Main Street, Gilbert Plains, MB R0L 0X0
[email protected]
Office Use Only
Property Tax Roll Number: ___________________________________________________________
Date reviewed by the Municipality: ____________________________________________________
Approved
Denied
Altered
Approval Conditions, if any: _____________________________________________________________
___________________________________________________________________________________
Reasoning for denial and alteration: ______________________________________________________
___________________________________________________________________________________
Appendix "B"
TWO TIER DRAINAGE PERMIT
PERMIT ISSUED TO:
Name of the property owner: _____________________________________________________
Telephone (home/cell): _________________________ Telephone (work): _________________
E-mail Address: ________________________________________________________________
LOCATION OF WORK:
Legal Description:
_____________
Road Number: _____________________________________________________________
Work Details: ______________________________________________________________
PERMIT CONDITIONS:
______________________________________________________________________________
______________________________________________________________________________
PROVISIONS PERTAINING TO THE PERMIT:
a) The Landowner shall be responsible for the actual costs of the drainage project, which will
include hard costs such as the contractor or employee services, licensing, culverts and utility
clearances and any other cost and liability incurred while performing work in the municipal
ditches including but not limited to damage to municipal property including signs, culverts, and
the ditch itself. The municipality shall cover the soft costs of the drainage project which would
include the survey time, application time, and mileage spent on the project.
b) The Public Works Manager or designate shall inspect the site before and after the work
performed and close the permit on satisfactory performance of the work.
c) If any municipal property deems damaged while performing the work, the property owner will
be responsible for all related repairs and cost associated to it. If the property owner doesn't fix
the damaged municipal property, then the Municipality will complete the repairs and invoice it
to the property owners. In case of non-payment, the amount will be added to the property
taxes.
d) If any other unauthorized work performed in the ditch by the property owner, then it will be
dealt in accordance with the applicable by-laws, policies, and legislations.
e) The property owner agrees to protect, indemnify, keep indemnified and save harmless the
Municipality and its officers, servants and agents from and against all claims, demands, costs,
actions, causes or actions, expenses, legal fees whatsoever which may be taken or made against
them or any of them incurred or become payable by them or any of them for any loss, damage
or injury, including death of any nature or kind whatsoever arising out of or in consequence of
any act, neglect, or omissions including negligent acts or negligent omissions of the contractor in
connection with the performance of this work.
Permit issued under the authority of the Public Works Manager of the Gilbert Plains Municipality.
_________________________________
Public Works Manager
I, ________________________________________________, hereby understand that the drainage work
will be performed in accordance with the permit conditions, provision of this permit, and any other
applicable by-laws, policies, and legislations.
______________________________
Property Owner
Office Use Only
Property Tax Roll Number: ___________________________________________________________
Date reviewed by the Municipality: ____________________________________________________
Permit Closed
Further Conditions
Further Conditions for Closing of the Permit, if any: ________________________________________
___________________________________________________________________________________
Appendix "C"
PRIVATE WORKS DRAINAGE PERMIT
PERMIT ISSUED TO:
Name of the property owner: _____________________________________________________
Telephone (home/cell): _________________________ Telephone (work): _________________
E-mail Address: ________________________________________________________________
LOCATION OF WORK:
Legal Description:
_____________
Road Number: _____________________________________________________________
Work Details: ______________________________________________________________
PERMIT CONDITIONS:
______________________________________________________________________________
______________________________________________________________________________
PROVISIONS PERTAINING TO THE PERMIT:
a) The work shall be constructed as per the conditions outline in the approved Drainage Licence
from Manitoba Water Stewardship.
b) The landowner shall be responsible for all utility relocation and protection, including, but not
limited to, MTS and Manitoba Hydro and shall be liable for damage caused to utilities located at
this site.
c) Any excess excavated material shall be disposed of or leveled to an acceptable condition.
d) The construction, installation, and maintenance of operations of the permitted drainage works,
shall be accomplished with minimal interference of the use, operation, and maintenance of the
municipal or provincial right-of-way, and shall in no way, endanger the general public.
e) The applicant/landowner and/or the contractor shall contact the Gilbert Plains Municipality a
minimum of 48 hours in advance of the work being undertaken.
f) The applicant/landowner and/or contractor shall be held liable for any damage, injury, or
destruction resulting from the negligence of their staff and or agents and maintain ongoing
liability insurance coverage for the duration of the work and if requested shall provide evidence.
g) The Public Works Manager or designate shall inspect the site before and after the work
performed and close the permit on satisfactory performance of the work.
h) If any municipal property deems damaged while performing the work, the property owner will
be responsible for all related repairs and cost associated to it. If the property owner doesn't fix
the damaged municipal property, then the Municipality will complete the repairs and invoice it
to the property owners. In case of non-payment, the amount will be added to the property
taxes.
i)
If any other unauthorized work performed in the ditch by the property owner, then it will be
dealt in accordance with the applicable by-laws, policies, and legislations.
j)
The property owner agrees to protect, indemnify, keep indemnified and save harmless the
Municipality and its officers, servants and agents from and against all claims, demands, costs,
actions, causes or actions, expenses, legal fees whatsoever which may be taken or made against
them or any of them incurred or become payable by them or any of them for any loss, damage
or injury, including death of any nature or kind whatsoever arising out of or in consequence of
any act, neglect, or omissions including negligent acts or negligent omissions of the contractor in
connection with the performance of this work.
Permit issued under the authority of the Public Works Manager of the Gilbert Plains Municipality.
_________________________________
Public Works Manager
I, ________________________________________________, hereby understand that the drainage work
will be performed in accordance with the permit conditions, provision of this permit, and any other
applicable by-laws, policies, and legislations.
Property Owner
Office Use Only
Property Tax Roll Number: ___________________________________________________________
Date reviewed by the Municipality: ____________________________________________________
Permit Closed
Further Conditions
Further Conditions for Closing of the Permit, if any: ________________________________________
___________________________________________________________________________________