Soil removal and deposit bylaw

The Soil Removal and Deposit | Bylaw No. 1575 applies to Electoral Areas, regulating the removal and placement of soil on rural properties. The bylaw helps protect public safety and the environment while creating a clear and predictable process for landowners and developers.

Unmanaged soil movement can cause: 

• Erosion and slope instability
• Damage to watercourses
• Introduction of contaminated or inappropriate fill
• Excess noise, dust and traffic in rural areas
• Environmental impacts to farmland and ecosystems

Soil includes: soil, sand, gravel, rock, silt, clay, peat mulch, bark and other woody landscaping materials. Soil does not include: compost, biosolids or other soil amendments (fertilizer). Depositing prohibited materials, such as construction waste, concrete, asphalt, treated wood, or other debris, is not allowed under any circumstances. 

Municipalities in the Central Okanagan have their own soil deposit/removal bylaws and issue permits within their jurisdictions.

• City of Kelowna: Soil Removal and Deposit Regulation Bylaw No. 9612
• City of West Kelowna: Soil Removal and Deposit B0127
• District of Lake Country: Soil Regulation Bylaw 95-015
• District of Peachland: Soil Deposit and Removal Bylaw 1934

Soil permits within Electoral Areas

For Electoral Area East and Electoral Area West, an RDCO permit is required if you plan to remove or deposit more than 100 m³ of soil on your property one calendar year.

Exemptions

Most everyday activities do not require a permit. Common exemptions:

• Removal or deposit of less than 100 m³
  • Approximately 10 single axel tandem truckloads
• Moving soil within the same property boundary
• Work is farm related on ALR land
  • Additional approval may be required through Agricultural Land Commission - Soil and fill use notice of intent
• Work related to an issued RDCO building permit
• Government or public infrastructure work

See the Soil Removal and Deposit | Bylaw No. 1575 for detailed information.

Apply for a permit

Permits are valid for 12 months and may be renewed one time for an additional 12 months. Permit applications steps include: 

1. Completed soil permit application form 
2. Site plan
3. Report and schedule 7 completed by a Registered Professional 
   • Can be either a Professional Agrologist or Geotechnical Engineer
   • See the Soil Removal and Deposit | Bylaw No. 1575 (section 10) for report requirements.
4. Pay the application fee

Violations

Violations may result in:

• Stop Work Orders
• Required removal of unpermitted fill
• Fines up to $15,000