Soil Removal and Deposit Bylaw

 
 
 
Soil Removal and Deposit 
Bylaw No. 1800 
 
 
 
 
 
 
 
 
 
 
 
 
Consolidated to 04 September 2018 

 
CITY OF LANGFORD 
 
BYLAW NO. 1800 
 
A BYLAW TO REGULATE AND IMPOSE FEES FOR THE REMOVAL AND DEPOSITION OF SOILS IN THE CITY OF LANGFORD  
 
 
WHEREAS pursuant to Section 8 of the Community Charter, the Council may by bylaw regulate soil deposition 
on and removal from any land in the City. 
 
NOW THEREFORE, the Council of the City of Langford, in open meeting assembled, enacts as follows: 
 
1. 
TITLE 
 
This bylaw may be cited for all purposes as the "City of Langford Soil Removal And Deposit Bylaw, 2017, 
No. 1800". 
 
2. 
DEFINITIONS 
 
"City Engineer" means the person appointed to that position by the Council of the City and shall include 
an appointed representative; 
 
“Commercial Soil Enterprise” means any business licensed to operate in the City and engaged in the 
storage and production of soils for retail sales; 
 
“City" means the City of Langford; 
 
“Highway” includes a street, road, lane, bridge, viaduct and any other way open to the use of the public, 
but does not include a right-of-way on private property; 
 
"Soil" means topsoil, silt, clay, sand, gravel, rock, peat or other substance of which natural land is 
composed. 
 
“Soil permit” means a permit issued pursuant to this Bylaw, authorizing a person to remove soil from 
land or deposit soil on land, or both.  
 
3. 
REGULATIONS 
 
a. Subject to the exemptions set out in section 4 of this Bylaw, no person shall remove soil from or 
deposit soil on any land within the City except as may be authorized by a valid and subsisting soil 
permit . 
 
b. For clarity, the approval of a subdivision or issuance of a development permit or building permit 
shall not be construed as or amount to any form of permission or remove or deposit soil. 
 
c. Permitted soil removal and deposit activities may occur between the hours of 7:00 am and 7:00 pm 
from Monday to Friday, except statutory holidays, and at no other time. 
 
d. No soil permit shall be issued in respect of, nor shall any person remove soil from or deposit soil on, 
any land in a development permit area designated in the Official Community Plan Bylaw No. 1200 
until the City has issued a development permit authorizing the alteration of the land.  

 
 
Bylaw No. 1800 
 
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e. No person shall deposit or remove soil so as to: 
 
i. Endanger utilities, municipal works, surrounding or neighbouring land or the support thereof, or 
create or result in any hazard;   
 
ii. Make impracticable the future subdivision or development of surrounding or neighbouring land; 
 
iii. Foul, obstruct or impede the flow of any stream, creek, waterway, watercourse, waterworks, 
ditch, drain or sewer in the City, whether or not situated on private property; 
 
iv. Contravene the Agricultural Land Commission Act or any other provincial law or regulations 
pertaining to natural waterways and rivers or agricultural land reserves.  
 
f. Every area of excavation or soils to be deposited shall be covered with not less than four inches of 
topsoil, graded and sown with grass or other protective vegetation cover, unless the excavation or 
soils to be deposited has occurred in the course of building construction and is to be covered by a 
building or structure authorized by an issued building permit, or landscaped in accordance with an 
issued building or development permit, or the City Engineer determines that the placement of 
topsoil and planting of vegetation is not required to control water or wind erosion.  
 
4. 
EXEMPTIONS 
 
a. A soil permit is not required for the deposit or removal, in one calendar year, of a total of less than 
100 cubic metres of soil on or from a single parcel of land. 
 
b. A soil permit is not required for the deposit of up to 300mm, measured from the finished grade, of 
soil required for road and walkway construction, or for the deposit of up to 200 mm of soil required 
for pipe bedding and landscaping. 
 
c. A Soil permit is not required when a volume of rock is being removed from a development site to 
be processed at an offsite location if that same rock, after being processed, is returned in the same 
or substantially the same volume to the original development site, for use exclusively on that 
development site. (Bylaw 1801) 
 
d. If Soil is removed from a parcel of land within the geographic boundaries of the City, and 
substantially the entire amount of soil removed is deposited on another parcel of land within the 
geographic boundaries of the City, only one (1) Soil permit is required, all applicable fees, charges 
or expenses, including but not limited to: 
 
i.  Soil permit fees; 
ii. Highway damage deposits; 
iii. Permit extension fees; and 
iv.  Any repair costs required by this Bylaw, 
 
but excluding fines arising from violations of this bylaw, shall be born in equal shares by the 
owner(s) of the parcels, and the owners shall be jointly and severally liable to the City under 
Section 7 of this bylaw.  (Bylaw 1801) 

 
 
Bylaw No. 1800 
 
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e. If requested by the City Engineer, any person relying on an exemption in this section, or that 
person’s agent, must, within seven (7) days, properly execute and provide the City with a statutory 
declaration, in a form satisfactory to the City Engineer, attesting that the person is currently 
complying with or has complied with, as the case may be, the conditions applicable to the 
exemption that the person is relying upon. (Bylaw 1801) 
 
5. 
PERMITS 
 
a. An application for a soil permit shall be submitted to the City Engineer and shall be accompanied 
by:  
 
i. A permit fee in the amount calculated in accordance with Schedule A; 
 
ii. The appropriate highway damage deposit in accordance with Schedule A if an equal or 
greater highway damage deposit has not been paid in conjunction with a building permit or 
subdivision application; 
 
iii. The civic address and legal description of the property; 
 
iv. The start date and expected duration of the soil removal or deposit activities; 
 
v. The location of all watercourses, waterworks, wells, ditches, drains, sewers, septic fields, 
catchbasins, culverts, manholes, rights-of-way, legal and geodetic survey monuments and 
markers, public utilities and public works on or within 30 m of the boundaries of the land, 
and the measures proposed to protect them; 
 
vi. The proposed routes to be taken by vehicles transporting soil to or from the land; 
 
vii. Copies of all certificates, permits and approvals as may be required by the Ministry of 
Water, Land and Air Protection under the Water Act or the Environmental Management 
Act, or by any other authority having jurisdiction over the proposed deposit or removal of 
soil, including completed site profile forms, with the required information about the past 
and present uses of the site, if the land has been used for industrial or commercial 
activities;  
 
viii. The origin or destination of the soil; 
 
b. With the exception of Single Family Dwellings with less than 300m3 of soil, the following additional 
items are required: 
 
i. A certification by a Professional Engineer to the satisfaction of the City Engineer, as to the 
quantities of soil to be removed or deposited and the methodology of the proposed soil 
removal or deposition;  
 
ii. A contour plan or plans prepared under the direction of the Professional Engineer in 
sufficient detail to show the present state of the land, the extent of soil removal or 
deposition contemplated, and the proposed surface and topography of the land after the 
soil removal or deposition has been completed.   

 
 
Bylaw No. 1800 
 
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iii. Certification by a British Columbia Land Surveyor, if in the opinion of the City Engineer, the 
extent of works require accurate topographic information, or to establish property lines; 
 
iv. A storm water management plan in accordance with Bylaw No. 1000, which shall include 
erosion and silt control measures; and  
 
v. A dust control plan. 
 
c. A Geotechnical Engineer’s certification of the stability of any permanent slopes greater than 30%, 
and soils deposited greater than 1,200 mm in depth. 
 
d. Every Soil permit shall expire on the date that is the number of days specified in the applicable 
“EXPIRY” column of Schedule A from the start date indicated on the permit, and where the Soil 
permit has not already expired, the City Engineer may approve extensions beyond the expiry date 
as follows: 
 
i. Where a Soil permit is for a total volume less than 6000 m3, up to four (4) consecutive 90-day 
extensions of the Soil permit may be granted on payment of the appropriate administration fee, 
specified in the “Permit Fee” column of Schedule A, for each extension; and 
 
ii. Where a Soil permit is for a total volume greater than or equal to 6000 m3, one (1) 90-day 
extension may be granted on payment of the appropriate administration fee, specified in the 
“Permit Fee” column of Schedule A, for each extension. If more than 180 days is required then a 
new permit must be applied for with both the administration fee and the appropriate volume or 
flat fee applicable. (Bylaw 1801) 
 
e. The holder of a soil permit shall repair damage to municipal works and to other property affected 
by the soil deposition or removal, and comply with Traffic Bylaw No. 33 and all other relevant 
bylaws. 
 
f. The holder of a soil permit shall sweep clean all highways affected by the soil or deposit activity at 
the end of each working day, to the satisfaction of the City Engineer.  No person shall flush highway 
surfaces. 
 
6. 
SITE ACCESS AND SECURITY 
 
a. Access to any area from which soil is being removed or on which soil is being placed must be 
controlled at all times by a gate or other suitable device, to prevent unauthorized dumping, and the 
excavation or deposit site must be free of hazard and maintained hazard-free at all times. 
 
b. If, at any stage of a soil removal or deposit operation, it appears that work authorized by the permit 
is likely to endanger any utilities, bridges, drains, public property, streets, easements or lanes, or is 
likely to create conditions which would endanger the health or safety of persons or property, the 
permit may be revoked by the City Engineer or the permittee may be required, as a condition to the 
continuance of the work, to take adequate precautions to prevent such danger. 
 
 

 
 
Bylaw No. 1800 
 
Page 5 of 8 
 
 
 
 
7. 
INDEMNIFICATION 
 
The holder of the permit shall at all times bear full responsibility for any accident which may occur or 
damage which may be done to any person or property whatsoever caused directly or indirectly by the 
work authorized by the permit, and shall save harmless and keep indemnified the City from all claims 
and demands whatsoever in respect of the work.   
 
8. 
ENFORCEMENT 
 
a. The City Engineer, the Bylaw Enforcement Officer and all City employees under their direction may 
at all reasonable hours enter upon any land or premises in the City to determine if the provisions of 
this bylaw are being complied with.  No person shall obstruct such entry. 
 
b. Upon written notice being given to a permit holder by the City Engineer or the Bylaw Enforcement 
Officer of a breach of this bylaw or the terms of a permit issued under this bylaw, all deposit or 
removal of soil shall cease until the breach is remedied.  
 
c. If soil is deposited on land or removed from land without a required permit, the owner of the land 
shall comply with this bylaw or remove or replace the soil, within seven days notice to do so from 
the City Engineer or Bylaw Enforcement Officer.  On default by the owner, the soil may be removed 
or replaced by the City at the expense of the owner of the land and the costs shall be recovered in 
the same manner as municipal taxes. 
 
d. The City Engineer may suspend or revoke a soil permit if the permit holder violates any of the 
provisions of this bylaw or the terms of the permit.   
 
9. 
PENALTY 
 
Any person who violates any provision of this bylaw or fails to comply with any permit issued under this 
bylaw commits an offense punishable on summary conviction and shall be liable to a fine not exceeding 
$10,000. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
Bylaw No. 1800 
 
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REPEAL 
 
City of Langford Soil Removal and Deposit Bylaw No.181 is repealed. 
 
 
READ A FIRST time this 8th day of June, 2017. 
 
READ A SECOND time this 8th day of June, 2017. 
 
READ A THIRD time this 8th day of June, 2017. 
 
 
ADOPTED this 19th day of June, 2017. 
 
 
 
 
 
 
_____________________________ 
 
 
_____________________________ 
 
MAYOR  
 
 
 
 
 
(Certified Correct) 
 
 
 
 
 
 
 
CORPORATE OFFICER 

 
 
Bylaw No. 1800 
 
Page 7 of 8 
 
 
 
 
 
 
SCHEDULE A 
 
CLASS 
TYPE of PERMIT, 
based on soil volume 
Permit Fee 
Highway Damage 
Deposit (if 
required*) 
EXPIRY 
A 
Greater than 100 m3 
but less than 300 m3, 
for the construction 
of a Single-Family 
Dwelling 
$250 
administration 
fee 
$500 
120 days 
 
 
B 
Greater than or equal 
to 100m3, but less 
than 500m3 
$65 
administration 
fee plus $0.50 
per m3 of soil 
to be removed 
or deposited 
$750 
90 days 
C 
Greater than or equal 
to 500m3 but less 
than 6000m3 
$100 
administration 
fee plus $0.50 
per m3 of soil 
to be removed 
or deposited 
to a maximum 
of $3000  
$1000 
120 days 
D 
Greater than or equal 
to 6000 m3 
$100 
administration 
fee plus a flat 
fee of $3000 
$1000 
90 days 
E 
Commercial Soil 
Enterprise 
$500 per 
operation paid 
at application 
or renewal of 
business 
license 
n/a 
1 year 
 
 
*A highway damage deposit is not required for a soil permit if a highway 
damage deposit has already been paid in conjunction with a building permit or 
subdivision approval application for the property. 
 
(Bylaw 1801) 
 
 
 

 
 
Bylaw No. 1800 
 
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City of Langford 
Soil Removal and Deposit Bylaw No. 1800 
List of Amendments to Bylaw No. 1800 
Amendment 
Bylaw 
Number 
Date 
Adopted 
1 
 
Omnibus Amendment. 
1801 
04 Sept 2018 
 
 

 
CITY OF LANGFORD 
 
BYLAW NO. 1801 
 
A Bylaw to Amend the City of Langford Soil Removal and Deposit Bylaw 
 
 
The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:  
 
1 
PART 1: AMENDMENTS 
1. 
City of Langford Soil Removal and Deposit Bylaw, 2017, No. 1800, is amended as follows: 
(a) 
at the end of section 4, add subsections (c), (d) and (e) as follows: 
c. 
A Soil permit is not required when a volume of rock is being removed 
from a development site to be processed at an offsite location if that 
same rock, after being processed, is returned in the same or substantially 
the same volume to the original development site, for use exclusively on 
that development site. 
d. 
If Soil is removed from a parcel of land within the geographic boundaries 
of the City, and substantially the entire amount of soil removed is 
deposited on another parcel of land within the geographic boundaries of 
the City, only one (1) Soil permit is required, all applicable fees, charges 
or expenses, including but not limited to: 
i.  
Soil permit fees; 
ii. 
highway damage deposits; 
iii. 
permit extension fees; and 
iv.  
any repair costs required by this Bylaw, 
but excluding fines arising from violations of this bylaw, shall be born in 
equal shares by the owner(s) of the parcels, and the owners shall be 
jointly and severally liable to the City under Section 7 of this bylaw.  
e. 
If requested by the City Engineer, any person relying on an exemption in 
this section, or that person’s agent, must, within seven (7) days, properly 
execute and provide the City with a statutory declaration, in a form 
satisfactory to the City Engineer, attesting that the person is currently 
complying with or has complied with, as the case may be, the conditions 
applicable to the exemption that the person is relying upon.  
 

Bylaw No. 1801 
Page 2 of 4 
 
 
 
(b) 
delete and replace section 5 (d) with: 
d. 
Every Soil permit shall expire on the date that is the number of days 
specified in the applicable “EXPIRY” column of Schedule A from the start 
date indicated on the permit, and where the Soil permit has not already 
expired, the City Engineer may approve extensions beyond the expiry 
date as follows: 
i. 
where a Soil permit is for a total volume less than 6000 m3, up to 
four (4) consecutive 90-day extensions of the Soil permit may be 
granted on payment of the appropriate administration fee, 
specified in the “Permit Fee” column of Schedule A, for each 
extension; and 
ii. 
where a Soil permit is for a total volume greater than or equal to 
6000 m3, one (1) 90-day extension may be granted on payment 
of the appropriate administration fee, specified in the “Permit 
Fee” column of Schedule A, for each extension. If more than 180 
days is required then a new permit must be applied for with both 
the administration fee and the appropriate volume or flat fee 
applicable. 
2. 
The Bylaw is further amended in Schedule A by deleting the table in Schedule A and replacing it 
with the following table: 
CLASS 
TYPE of PERMIT, based 
on soil volume 
Permit Fee 
Highway Damage 
Deposit (if required*) 
EXPIRY 
A 
Greater than 100 m3 
but less than 300 m3, 
for the construction of 
a Single-Family Dwelling 
$250 
administration 
fee 
$500 
120 days 
 
 
B 
Greater than or equal 
to 100m3, but less than 
500m3 
$65 
administration 
fee plus $0.50 
per m3 of soil to 
be removed or 
deposited 
$750 
90 days 

Bylaw No. 1801 
Page 3 of 4 
 
 
 
C 
Greater than or equal 
to 500m3 but less than 
6000m3 
$100 
administration 
fee plus $0.50 
per m3 of soil to 
be removed or 
deposited to a 
maximum of 
$3000  
$1000 
120 days 
D 
Greater than or equal 
to 6000 m3 
$100 
administration 
fee plus a flat 
fee of $3000 
$1000 
90 days 
E 
Commercial Soil 
Enterprise 
$500 per 
operation paid 
at application or 
renewal of 
business license 
n/a 
1 year 
 
 
*A highway damage deposit is not required for a soil permit if a highway damage 
deposit has already been paid in conjunction with a building permit or subdivision 
approval application for the property. 
 
 
 

Bylaw No. 1801 
Page 4 of 4 
 
 
 
 
PART II: SHORT TITLE 
This Bylaw may be cited as “Soil Removal and Deposit Bylaw, Amendment No. 1, Bylaw 1801, 2018”. 
 
READ A FIRST TIME this 20th day of August, 2018. 
 
READ A SECOND TIME this 20th day of August, 2018. 
 
READ A THIRD TIME this 20th day of August, 2018. 
 
ADOPTED this 4th day of September , 2018. 
 
 
 
 
 
 
 
 
MAYOR  
 
 
 
 
 
(Certified Correct) 
CORPORATE OFFICER 
2