Understanding the Proposed Updates to the Site Alteration and Fill By-law
East Gwillimbury is working on an updated Site Alteration and Fill By-law. An updated by-law is required to ensure the by-law is current, aligned with Ministries regulations and includes best practices.
The Town’s Site Alteration and Fill By-law prohibits and regulates any alteration to the grade of a property through the movement, removal or placing of topsoil, or fill as per By-law 2013-066. This by-law puts into place the technical and environmental requirements to control the importation of fill and any alterations to the grade of land within the Town.
Review the presentation to Council from the April 14, 2025, Committee of the Whole Council Meeting that outlines the proposed changes to the Site Alteration By-law (formerly Fill By-law).
Incorporate language from the recently updated Ministry of Environment Conservation and Parks (MECP) On-Site and Excess Soil Management regulations (O.Reg 406/19), the Municipal Act, as well as common practices from surrounding municipalities.
Changing the name of the By-law from “Fill” to “Site Alteration” which is more in line with surrounding municipalities and better describes the by-law, as it regulates the placement, removal, and movement of material (fill, topsoil, aggregate, etc.) on a property.
Refinements and additions of definitions.
Adjustment of the permit levels to allow the updated by-law to closely align with provincial regulations:
A Minor Permit from 0-200 cubic meters,
A Small Permit for 200-10,000 cubic meters,
A Large Permit for 10,000 cubic meters or more.
The removal of landscaping and the low volume exemptions. The removed low volume exemptions are proposed to fall under the new free Minor Permit.
The introduction of the free Minor Permit, which will allow residents interested in performing minor landscaping and/or grading works on their properties to do so through a simple and expedited process.
The Minor Permit will be at no cost to the resident and will only require an online self-serve application to process the permit (similar to a Fire Burn Permit).
Outline requirements specifically for the safe and proper importation of liquid fill, typically from hydro-excavation trucks, in order to ensure compliance with best management practices and provincial regulations.
Timeline
Objectives
Timing
What to Expect
Completion of Draft By-law
Q1 2025
Completed February 2025
Memo to Council with Draft By-law and Presentation
Q2 2025
Presentation to Council was held on April 15, 2025 during Committee of the Whole Council Meeting
Public Consultation
Q2-Q4 2025
Comments, questions, and concerns from residents will be collected through the online survey. Notice of the online survey will be posted on the Town’s Social Media Platforms eNewsletter and posted within Town Facilities.
Public Information Centre
Q4 2025
Following the online commenting period, a Public Meeting will be held to receive in-person feedback.
Incorporate Feedback into Draft By-law
Q4 2025
The Draft Site Alteration By-law will be reviewed and updated, with consideration of the comments, questions and concerns received during the Public Consultation process.
Report to Council for consideration of Draft By-law
Q4 2025 - Q1 2026
Council will have the opportunity to review the refined By-law Committee of the Whole Council Meeting for their consideration of adoption.
Background Information
MECP has recently updated its regulations regarding excess soil including classifying soil as a resource and not a waste as well as updating the testing requirements and oversight/management of excess soil to reflect best practices.
The regulation changes will make it easier for the industry to reuse more excess soil locally, limit the amount of soil being sent to landfills, lower greenhouse gas emissions from the sector, and improve the enforcement of illegal dumping.
The Town has been working closely with the Town's Qualified Person/Peer Review Consultant to incorporate these new standards and best practices into the proposed by-law update to ensure the by-law is technically sound and in keeping with the requirements of the MECP.
The Town’s Site Alteration and Fill By-law was created in response to the demand for fill sites locally and to ensure the Town was well positioned to properly evaluate, approve and monitor small scale site alterations up to and including commercial fill sites as well as to provide a mechanism to mitigate unpermitted fill importation (illegal dumping).
Updating the by-law from time to time will ensure the by-law is current and covers changes in industry.
By accepting applications and issuing permits, the Town can mandate regulatory standards, best management practices, enforcement protocols, risk management, and general oversight. If the Town refused to operate a fill permit program, all material importation would be in the form of illegal dumping. No regulatory standards, best management practices, enforcement protocols, risk management, or general oversight would be imposed resulting in potential hazards to the environment and human health.
Frequently Asked Questions (FAQ)
Staff are compiling a list of Frequently Asked Questions (FAQs) that will be posted here. Please check back for updates.
Applying for a Permit
The Town of East Gwillimbury's (EG's) Fill and Site Alteration By-law is designed to regulate the importation of fill materials and to maintain current drainage patterns. The By-law further details processes and protocols to facilitate the needs of both large and small scale Commercial Fill and Site Alteration Projects while protecting the environment and residents of EG. The Fill By-law was amended on October 2nd, 2018 to reflect the dual jurisdiction with the Lake Simcoe Region Conservation Authority (LSRCA). Please be advised that you may require a permit from both the Town and the LSRCA. Fill By-law 2013-066 Is currently under review and the current version can be found below:
The Town has also developed an Operational Guideline to further outline the requirements that all proponents of large-scale Commercial Fill and Site Alteration Projects must meet to obtain and/or maintain permitting. The Operational Guideline can be found below:
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