NEW - Soil Removal and Deposit Bylaw

New Soil Removal and Deposit Bylaw Now in Effect

The Regional District of Central Okanagan (RDCO) has adopted a new Soil Removal and Deposit Bylaw for Electoral Areas East and West. The bylaw establishes clear rules for removing, moving, placing, or depositing soil on rural properties. Its purpose is to protect public safety, neighbouring properties, roads, drainage systems, agricultural land, and the natural environment while giving landowners a clear process for completing earthworks responsibly.

Whether you are preparing a building site, improving drainage, creating a driveway, developing agricultural land, or bringing in fill, it is important to understand when approval is required before work begins.

When is a permit required?

A permit is generally required when the total amount of soil removed or deposited on a property exceeds 100 cubic metres in a calendar year. This threshold applies to the combined activity on the property, so landowners should consider both soil removal and soil placement when estimating the volume of work.

One hundred cubic metres can be less than many people expect. A project involving excavation for a foundation, a large driveway, a pond, significant grading, or imported fill may reach the threshold quickly. If you are unsure about the volume, it is best to contact RDCO before starting work.

What activities may be exempt?

Some activities may be exempt from the permit requirement, depending on their purpose, scale, location, and whether they are already regulated through another approval process. Potential exemptions can include routine residential gardening, minor landscaping, normal agricultural practices, and work authorized under another government approval.

An exemption is not automatic simply because a project is on private property. Landowners remain responsible for confirming whether an exemption applies and for complying with other requirements, including building, drainage, environmental, agricultural, highway, and watercourse regulations.

What is needed for an application?

Soil removal and deposit permits may be issued for up to 12 months. Applicants should be prepared to provide a completed application form, a site plan, details about the amount and source or destination of the soil, and information about how the work will be carried out.

Depending on the project, RDCO may also require a professional report. This can address matters such as slope stability, drainage, erosion control, traffic, groundwater, sediment management, or potential impacts on neighbouring properties. Application fees may apply.

A clear site plan is especially important. It should identify property boundaries, access routes, work areas, existing buildings, slopes, watercourses, drainage features, and the locations where soil will be removed or deposited. Providing complete information at the beginning can help avoid delays.

Plan ahead before moving soil

Before hiring equipment or arranging a truck, confirm whether the proposed soil is suitable for the intended use and whether it can legally be deposited at the destination. Soil must not contain prohibited waste or contaminants, and importing material from another location can create risks if its quality and origin are unknown.

Projects should also consider runoff and erosion. Exposed soil can enter ditches, streams, wetlands, and neighbouring properties during heavy rain. Good planning may include sediment controls, covered stockpiles, stabilized access points, staged construction, and measures to protect drainage routes.

All that dirt has to go somewhere...

Enforcement and penalties

The bylaw gives RDCO enforcement options when work proceeds without the required permit or does not comply with permit conditions. Depending on the circumstances, enforcement may include a stop-work order, requirements to correct the site or remove deposited soil, and fines of up to $15,000.

These consequences can be costly and disruptive. They may also leave a landowner responsible for engineering, hauling, restoration, or environmental work. Obtaining approval before starting is usually far less expensive than correcting unauthorized earthworks afterward.

Questions landowners should ask

• How much soil will be removed or deposited, in total?

• Does the project exceed 100 cubic metres in the calendar year?

• Where will the soil come from, and where will it go?

• Could the work affect drainage, slopes, roads, neighbouring properties, or watercourses?

• Are other approvals required from RDCO, the Agricultural Land Commission, the Province, or another authority?

• Do I have a site plan and enough information to submit a complete application?

Where to find more information

RDCO has published additional information, the bylaw document, application materials, and related agricultural land guidance at rdco.com/soilbylaw. Landowners should review the current requirements and contact RDCO directly before beginning substantial soil removal or deposit work.

For projects involving agricultural land, also check whether an Agricultural Land Commission application or notice of intent is required. Requirements can vary depending on the property and the proposed activity.

A practical step for every project

If your project involves more than minor landscaping, take a few minutes to confirm the rules before work begins. Measure the expected volume, prepare a simple site plan, identify potential drainage and environmental concerns, and ask RDCO whether a permit or additional approval is needed. Early planning helps protect your property, your neighbours, and the Central Okanagan’s rural environment.