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Department of Transportation and Infrastructure Renewal

Work Within Highway Right-of-Way Permit

Note that this permit replaces the "Breaking Soil of Highways Permit" and the "Ministerís Consent for Building Near a Highway and Access to Property Permit: Residential and Commercial".
Who Needs This Approval?
If you are planning any activity/work on the roadway or within the highway right-of-way, including installing a driveway or erecting a structure within 100 metres of any highway, a permit is required prior to starting the work. Please read the "Information for Work Within Highway Right-of-Way Permit" brochure.
Issuing Department / Agency:
N.S. Department of Transportation and Infrastructure Renewal
Where can you get this Approval and / or further information?
Area Manager
Any district or area office
N.S. Department of Transportation and Infrastructure Renewal

Application Forms & Process:
An application form can be obtained from the local office of the N.S. Department of Transportation and Infrastructure Renewal or you can download an application from the website. When completed, the application is submitted to the Area Manager for review. The applicant may need to provide markings at the site so it can be located (details are provided in the brochure and on the application form). The Area Manager, or another qualified person from the local office, will inspect the site as required. If all requirements are met and approval can be made, the applicant will be notified of the amount of the deposit required (if any). Once the deposit is received the Area Manager approves the permit and a copy is provided to the applicant. The applicant will be notified if the application is not approved.
Waiting Period:
Up to 10 business days
Provided that the application form is complete and that all the items that must accompany application have been received.
Expiry & Renewal:
The permit is valid only for the length of time stated in the permit. It is not renewable.
There is no fixed fee; however, most work requires a refundable deposit. Some work may require a non-refundable deposit. Call your local office for more information.
Related Requirements:
  1. If a building is to be erected, a permit is also required from the Municipality. The minimum setback distance is normally set by the Municipality.
  2. For major commercial developments, a Traffic Impact Study is required.
  3. Approval of sewer and water must be obtained from the Nova Scotia Environment.
Additional Information:
Instructions for Installation of a Driveway (guidelines)
For commercial developments, the following items are required:
  1. the drainage scheme
  2. entrance layout
  3. internal circulation concept
  4. routes for service/delivery vehicles
  5. anticipated size of vehicles, parking area
  6. a description of the type of activity to be undertaken
Legislative Authority:
Public Highways Act, Revised Statutes of Nova Scotia, 1989, Chapter 371, Sections 41 and 47

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