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.

The Town’s new Site Alteration By-law 2013-066 will prohibit and regulate any alteration to the grade of a property through the movement, removal or placement of topsoil, or fill. 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.

The Town regulates the importation, placement, and/or movement of fill within the Town to ensure the quality of material will not negatively affect the environment and adjacent properties. This prevents negative impacts such as:

• Poor quality/contaminated fill
• Damage to environmentally sensitive areas
• Blocked or altered drainage patterns
• Damage to the public and private infrastructure

Fill is generated from projects within EG and throughout out the GTA. The sources could be:

• subdivision developments with excess topsoil
• deep excavations as part of condo construction
• tunnelling for transit

The no charge Minor Permit is designed to inform residents of restrictions on placing material on their property. These restrictions will avoid causing issues with their neighbours, Town, and/or conservation authority.

This will also inform the Town of their project, and in the event of a By-law complaint, the Town will have background on the project, which may avoid the need for inspection.

What are the exceptions to this by-law?

Exceptions to this by-law include, but are not limited to:

• If a Site Alteration permit has been authorized under a different Town approval or permit, such as a building permit or a swimming pool permit.
• Normal farm practices.
• Construction or reconstruction of any public road, highway, or underground service.

How long does it take to process my application?

There is typically a 10-business day turn around for applications to be processed. We thank you for your patience as staff work to get your permit approved in a timely manner.

How long is the permit valid for?

Site Alteration Permits are typically issued for 12 months.  Applicants have the option of extending their permit provided they advise the Town three months prior to the expiration date.

What happens if I begin work without obtaining the correct permit?

Residents who begin work without obtaining the correct permit may be asked to immediately cease site altering activity and/or remediate the effects until they obtain a permit.

Residents may also be issued a fine of up to $100,000, depending on the severity of the infraction.