Applying for a Permit?

 Fill Permit Application Operational Guideline Fill By-law 2026-030 

The Town of East Gwillimbury’s (EG) Fill and Site Alteration By-law regulates the importation of fill materials and helps maintain existing drainage patterns. The By-law outlines processes and requirements for both large and small-scale commercial fill and site alteration projects, while protecting the environment and the well-being of EG residents.

On October 2, 2018, the By-law was amended to reflect shared jurisdiction with the Lake Simcoe Region Conservation Authority (LSRCA). As a result, permits may be required from both the Town and the LSRCA.

The By-law has been updated. View the current Fill By-law 2026-030 for details.

EG 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 permits. Before you apply for a permit, please review the operational guideline, then complete the Fill Permit Application Package. 

Proposed Updates to the Site Alteration (Fill) By-law 

EG is working on an updated Site Alteration and Fill By-law to ensure the by-law is current, aligned with Ministries regulations and includes best practices. Fill is generated from sources such as:

  • subdivision developments with excess topsoil
  • deep excavations as part of condo construction
  • tunnelling for transit
  • general construction activity
  • pool or pond excavations

EG’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 2026-030. 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 EG.

Revised By-law for Site Alteration 

Proposed Updates
  • 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.
  • Update the name of the by-law to "Site Alteration By-law" from “Fill By-law" to align with surrounding municipalities. The name update also better describes the purpose of the by-law, which is to regulate the placement, removal, and movement of material (fill, topsoil, aggregate, etc.) on a property.
  • Improvements and additions to the definitions have been made to align with O. Reg. 406/19 and MECP guidelines, with the goal of increasing understanding, ensuring consistency, and facilitating effective enforcement.
  • Permit level adjustments to closely align with provincial regulations to allow:
    • 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 will allow residents interested in completing minor landscaping and/or grading works on their properties to do so through a simple and expedited process.
  • Free online Minor Permit application that residents can complete on our website at any time. 
  • Outline requirements specifically for the safe and proper importation of liquid fill, typically from hydro-excavation trucks, to ensure compliance with best management practices and provincial regulations.
  • Streamline the permit process for minor-scale site alterations while strengthening the Town’s ability to manage unpermitted activity.

Review the presentation to Council from the April 15, 2025, Committee of the Whole Council Meeting that outlines the proposed changes to the Site Alteration By-law (formerly Fill By-law).

Liquid soil

Liquid soil is dry soil mixed with water to form a slurry, often from sources such as hydro-vac trucks, tunnel and micro tunnel boring, and geothermal drilling.

The proposed by-law amendment will require applicants to provide a Fill Management Plan specifically for liquid soil, which will detail their acceptance protocol for the material. This will be reviewed by the Town and our Peer Review Consultant to ensure compliance with Ministry of Environment, Conservation and Parks (MECP) standards and regulations, best management practices, and industry standards. Once all comments and concerns are addressed during the review process, the applicant will be required to host a public meeting and seek approval from Council for the fill site to proceed.

Does the Town allow "waste fill"?

No, the Town does not allow "waste fill", dry or liquid, to be imported onto properties within EG. Waste fill, or liquid waste, requires a MECP Environmental Compliance Approval (ECA), regulated and approved by the MECP through O.Reg 347.
Are there liquid soil sites in EG?

There is a private site in EG that is currently processing wet fill within an indoor facility under the approval of an ECA under the MECP. The Town does not have jurisdiction or a Fill Management Plan for sites under the oversight of the MECP.
Will the proposed by-law automatically allow liquid soil onto existing fill sites?

No, the proposed by-law does not automatically allow liquid soil to be imported into an existing fill site. If an existing fill site would like to import wet fill onto the site, they are required to apply for application,  provide the appropriate studies/reports, host a public meeting, and seek Council approval.
Why should the Town accept the use of liquid soil?

The Town recognizes the need to manage and beneficially reuse liquid soil material. Accepting liquid soil in the by-law gives the Town the ability to manage and oversee the final fill placement and environmental protection measures.

Alternatively, applicants could seek approval through the provincial Environmental Compliance Approval (ECA) process. The ECA process does not require Council approval, input from Town staff or audit inspections. The Town’s permit conditions go above and beyond what the province requires.
Where can liquid soil be dumped?

Liquid soil can be dumped in one of two locations:

  1. A facility operated under an Environmental Compliance Approval (ECA) through the Ministry of Environment Conservation and Parks (MECP). These facilities are typically designed to separate the liquid and soil to allow for sampling and testing prior to shipping the material off-site to an appropriate receiving site.
  2. A facility operating under a Municipal Fill Permit. These sites are usually located on larger properties once used as an aggregate extraction site. These facilities are designed to have a sealed inspection cell for initial inspection of the material. If deemed acceptable, the material would be sampled and placed within a holding cell. Once the samples are tested and deemed acceptable for the site, the material would be placed permanently within the old aggregate extraction site. If the material is not acceptable for the site, the material would be removed from the site to an appropriate receiving site. 
Why allow a hydro-vac receiving site? 

Allowing a hydro-vac receiving site will provide a regulated location for hydro-vac trucks to dump. This will help eliminate illegal dumping and provide a site closer to construction sites within EG and surrounding areas. This will help reduce the carbon footprint of construction sites as they will not have to travel to further regulated sites.

Applying for a Hydro-vac receiving site would be the same process as a fill permit to receive wet fill. The applicant will be required to provide a Fill Management Plan which will detail their acceptance protocol for the hydro-vac material (liquid soil). This will be reviewed by the Town and their Peer Review Consultant to ensure compliance with MECP Standards. Once all comments, questions, and concerns are addressed the applicant will be required to host a public meeting and seek approval from Council.

We Want to Hear From You

If you have any questions, comments, or concerns, please provide your feedback by completing the Site Alteration and Fill By-law Feedback Form.

We thank everyone who attended the October 22, 2025 information session, provided feedback or shared input. If you were unable to attend the PIC in person, please follow the link here to find the display boards.

Timeline
  • Completion of Draft By-law - Q1 2025 (completed February 2025)
  • Memo to Council with Draft By-law and Presentation - Q2 2025 (completed April 15, 2025)
  • Public Consultation - Q2 to Q4 2024 (completed via survey)
  • Public Information Centre - Q4 2025 (completed October 22, 2025)
  • Incorporate Feedback into Draft By-law - Q4 2025
  • Report to Council for Consideration of Draft By-law - (completed March 10, 2026) 

Frequently Asked Questions

Didn't find what you're looking for? Contact Engineering and Public Works.

Why do we need a Site Alteration and Fill By-law?
To 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 EG. 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
Why not ban fill importation?
There are legitimate reasons for landowners to import fill to change grades, improve properties, backfill old pits, install protective berms and upgrade topsoil. The by-law provides stringent control over such activities. Prohibiting the importation of fill could lead to increased illegal dumping, as legitimate uses would no longer be permitted.
How can clean soil be used as a reusable resource?
Clean soil serves as a valuable reusable resource in landscaping, agriculture, construction, and environmental restoration. It supports plant growth, enhances soil fertility, aids in rebuilding ecosystems, and contributes to long-term natural processes such as soil formation. Highly useful during construction, it helps in the restoration of damaged or degraded land and is used in road building, berms, and noise barriers.

What are the soil quality standards in place, and what testing procedures are required to comply with them?

Soil requirements are established under O. Reg 406/19, which was implemented under the Environmental Protection Act for On-Site and Excess Soil Management.

Ministry of Environment, Conservation, and Parks), with varied requirements based on land use (residential, industrial, agricultural).

  1. Submitting a notification with the Registry and updating it as needed.
  2. Assess prior uses, create a sample and analytical plan, and report on soil characteristics.
  3. An excess soil destination evaluation report.
  4. Creating and Implementing a Tracking System 
What is the purpose of a Minor Permit?
The free Minor Permit will inform residents of restrictions on placing material on their property. These restrictions will avoid causing issues with their neighbours, the Town, and/or the conservation authority and Lake Simcoe Region Conservation Authority (LSRCA). This will also notify the Town of their project, and in the event of a By-law complaint, the Town will have information 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
  • Standard farm practices
  • Construction or reconstruction of any public road, highway, or underground service
How long does it take to process my application?

It takes approximately ten business days for applications to be processed. 
How long is the permit valid for?

Site Alteration Permits are typically issued for 12 months. Applicants also have the option to extend their permit by notifying the Town three months before the permit expiration date Engineering and Public Works.

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 stop site altering activity and/or remediate the effects until they receive a permit.

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

What revenue is expected through commercial permits?
Any future applicants would be required to pay the fees as per the Town’s Fees and Charges By-law. The current rate is $1.80 per cubic meter of fill imported onto a site. 
What is in the liquid soil generated from Geothermal installation and other drilling process?
The liquid soil generated from tunnelling, drilling, or geothermal installation comprises the native soil, water, and usually bentonite. Glycol is not used in the construction process of installing the pipes for the geothermal loop or other drilling processes, and is not found in the liquid soil generated in these processes. Glycol would be used in the sealed pipes once construction is completed.
What is Bentonite?
Bentonite is a naturally occurring clay that is highly absorbent. It is used in construction as a natural lubricant to cool drilling heads for tunnelling, drilling and geothermal installation. Bentonite is also used in household items, such as cat litter, cosmetics and medicine. 

Will the new by-law change current approvals for existing permitted sites?

No, updating the by-law will not change any current approvals for existing permitted sites. Town staff proactively incorporated these updates into the sites’ existing Fill Management Plans.

If a site operator proposes changes to how a site operates, such as increases in truck volumes, changes to acceptable materials, or modifications to haul routes, additional approvals would be required. These changes would trigger updates to the site’s Fill Management Plan, along with the submission of supporting studies and reports for review by the Town. A Public Information Centre would also be required, and any proposed changes would need approval from Council

Staff have not received any requests for operational changes related to the draft by-law update.

Environmental

What is the quality of fill being accepted?

All imported soil and fill material must meet the Ministry of the Environment, Conservation and Park’s (MECP) Standards as regulated by Ontario Regulation 153/04 and Ontario Regulation 406/19. 

This means the material must meet the quality of the zoning/use of the property. Table 1 and Table 2 (residential and agricultural) available material is permitted. Contaminated material is not permitted to be used as fill.

How will noise, dust, air quality, persistent odours, and the possibility of harmful substances be addressed?
Each site will have site-specific constraints, which will determine required studies and reports. Items such as the noise, dust, air quality, persistent odours, and the possibility of harmful substances would be addressed in studies and reports explaining how an applicant will mitigate any issues and how they will address any issues that may arise. This is the same process for dry fill, and how other municipalities that have updated their by-laws to include O.Reg 406/19 approach these concerns.

Why is it important to monitor groundwater wells? what are the testing requirements for groundwater monitoring wells?

Monitoring groundwater wells is important because groundwater provides drinking water for rural families, valuable resource for irrigation, and environmental benefits. Without effective monitoring, contamination or reduction might go undetected until it becomes an urgent and often irreparable issue. Groundwater monitoring wells act like an early warning system. Regular testing ensures water remains safe, contamination is controlled, and environmental regulations are maintained.

When living in a rural area, it is important to understand what actions to take to protect your water and ensure that it is suitable for potable use groundwater monitoring well testing requirements include water quality sampling, measuring water levels regularly, and conducting periodic pumping tests to determine capacity.

Who is liable if there is an accident?
Similar to existing fill sites (dry and wet) located across the Province, the property owner/operator of the site would be liable for any environmental impacts. The Town requires operators of fill sites to post financial securities with the Town, as well as hold environmental insurance to cover the cost of any actions that may be required. With every new application, the Town reviews these requirements and adjusts accordingly to industry standards.

 Traffic and Road Safety

Will the proposed by-law update increase truck traffic?

The inclusion of wet fill in the proposed by-law will not automatically allow an increase of truck traffic to an existing fill site. If an existing fill site would like to increase its daily truck traffic, the operator would be required to submit a permit application to apply for the increase, and seek Councils approval.

To support their request, the applicant would also be required to submit a Traffic Impact Study supporting the increase, including mud/dust mitigation measures, and identify the haul route for the trucks. 

The Town has not received any requests to increase truck traffic to existing fill sites. As part of this by-law amendment, residents will not see an increase in the currently approved traffic volumes to existing sites. 

How are haul routes determined? 
Haul routes are determined during the application process through the traffic impact study. Haul routes utilize Regional and MTO roads to avoid residential areas as much as possible. For Large fill sites (that receive wet and dry material), the haul route will be required to be presented to the public during the public meeting and included in the report to Council for application approval. 

Will traffic control cameras be installed?
Traffic control cameras (such as speed boards or traffic counters) may be installed along the haul route near specific fill site or at the site entrance if warranted. Currently, the Town has not received any applications for a new fill site, or an application to amend an existing permit, to increase truck traffic.  
Can anything be done about the diesel fumes produced by trucks?

Trucks operating on public roads are expected to operate in accordance with all applicable legislation to minimize emissions. This includes mandatory vehicle emissions testing and safety inspections for older heavy-duty diesel vehicles under the Environmental Protection Act and emissions-related inspections undertaken by the Ministry of the Environment, Conservation and Parks’ Vehicle Emissions Enforcement Unit.

Questions? 

If you have questions or comments regarding the By-law, Operational Guideline or Fill Permit Application, please contact the  Engineering and Public Works.