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Bylaw 11 20 Topsoil Bylaw (ID 461736)
MOUNTAIN VIEW COUNTY
BYLAW NO. 11/20
TOPSOIL BYLAW
Bylaw No. 11/20
Topsoil
Page 1
Mountain View County
Province of Alberta
Bylaw No. 11/20
A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE
REGULATION AND CONTROL OF TOPSOIL REMOVAL FROM AND IMPORT TO THE LAND WITHIN THE
MUNICIPAL BOUNDARIES OF MOUNTAIN VIEW COUNTY IN ACCORDANCE WITH THE MUNICIPAL
GOVERNMENT ACT, R.S.A. 2000, C. M-26, AS AMENDED, AND THE SOIL CONSERVATION ACT, R.S.A.
2000, C. S-15 AS AMENDED,
SECTION 1 - AUTHORITY
1.01
The Municipal Government Act , authorizes a municipality to pass bylaws for the purpose of
the protection of property.
1.02
The Soil Conservation Act, R.S.A. 2000, c. S-15 authorizes the municipality by bylaw to
provide for the issuance of permits governing the removal of Topsoil from land and prescribe
and govern the terms and conditions under.
1.03
The Council of Mountain View County deems it advisable to regulate Topsoil Removal and
Import in Mountain View County.
1.04
The Council of Mountain View County, in the Province of Alberta, duly assembled hereby
enacts that this bylaw as amended may be cited as the "Topsoil Bylaw".
SECTION 2 - DEFINITIONS
2.01
In this Bylaw, unless the context otherwise requires:
a.
"Adjacent" means land or a portion of land that is adjoining to another parcel of land
and includes land or a portion of land that would be contiguous if not for a public
roadway, primary highway, river or stream, or reserve parcel;
b.
"Council" means the Council of Mountain View County;
c.
"County" means Mountain View County;
d.
"Land Use Bylaw" means the County's Land Use Bylaw as amended or replaced from
time to time;
e.
"MGA" means the Municipal Government Act, R.S.A. 2000, c. M-26, as amended
from to time;
f.
"Peace Officer" means a Community Peace Officer as appointed under the authority
of the Alberta Peace Officer Act, a Bylaw Enforcement Officer appointed by the County
pursuant to the Municipal Government Act and any person employed by or authorized
as such by Mountain View County, or the Sheriffs Branch, or a member of the Royal
Canadian Mounted Police;
g.
"Topsoil" means any portion of the surface layer of mineral soil ('A' horizon) as
defined by the Canadian System of Soil Classification (CSSC) often enriched with
organic matter that provides an adequate medium for the germination and growth of
Bylaw No. 11/20
Topsoil
Page 2
plants. It often contains the majority of the plant roots and is referred to as the
plough layer in agriculture soils;
h.
"Topsoil Bylaw Appeal Committee" means a Committee of Council, which shall consist
of individuals appointed by Council as Public Members to the Subdivision and
Development Appeal Board;
i.
"Topsoil Import" means the placement of Topsoil on lands where the material did not
originate;
j.
"Topsoil Permit" means a document issued by the Topsoil Review Committee
authorizing Topsoil Removal and or Topsoil Import to be issued for the property where
the activity will occur;
k.
"Topsoil Removal" means the movement of Topsoil off of the parent parcel of land
from where the material originated;
l.
"Topsoil Review Committee" means the County's Agricultural Fieldman and a member
of the Planning and Development department as appointed by the Chief
Administrative Officer;
m.
"Violation Tag" means a tag or similar document having printed wording approved by
the County Chief Administrative Officer issued by a Peace Officer pursuant to the
MGA;
n.
"Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences
Procedure Act, Revised Statues of Alberta 2000, c. P-34, as amended, and
Regulations thereunder;
o.
"Wetlands" means land saturated with water long enough to promote wetland or
aquatic processes as indicated by poorly drained soils, hydrophytic (water loving)
vegetation, and various kinds of biological activity that are adapted to a wet
environment and as defined by legislation.
SECTION 3 - APPLICATION OF BYLAW
3.01 This bylaw regulates the import and removal of topsoil within Mountain View County to
protect agriculture viability.
3. 02 This bylaw does not regulate peat.
3.03 This bylaw does not regulate activities permitted through a Development Permit issued under
the Land Use Bylaw.
3.04 This bylaw will be enforced on a complaint basis. Complaints must be provided on the
County's formal Complaint Form as required by Policy 1021.
3.05
Lands within the County may be identified by the Topsoil Review Committee where Topsoil
movement will not be permitted to prevent the spread of regulated weeds, declared pests,
contaminants, or for other agricultural and environmental related reasons.
Bylaw No. 11/20
Topsoil
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SECTION 4 - TOP SOIL QUALITY
4.01
Applicants are responsible for determining the quality of topsoil including undertaking a
content analysis, determination of any chemical contaminants or residual herbicides and the
presence of disease prior to application for a Topsoil Permit. Topsoil permits that
contemplate the addition of poor quality topsoil, or topsoil that contains high quantities of
clay may be denied by the Topsoil Review Committee.
SECTION 5 - PERMITS
5.01
The Topsoil Review Committee shall be responsible for the issuance of Topsoil Permits.
5.02
Topsoil Permits are required for Topsoil Removal and or Topsoil Import within the County.
5.03
Topsoil Permits are only valid for three (3) months from the effective date of the permit, such
permit approval ceases and the permit itself is deemed void, expired and without effect,
unless an extension to this period has been previously granted by the Topsoil Review
Committee.
5.04
Any person wishing to obtain a Topsoil Permit must complete the Topsoil Permit Application
Form and submit the completed Application Form, together with the fee as indicated in the
current Fee Schedule Bylaw to the Topsoil Review Committee.
5.05
Upon receipt of a completed Topsoil Permit Application Form the Topsoil Review Committee
shall consider the Topsoil Permit Application, and may, in its sole and absolute discretion:
a.
refuse to grant the Permit; or
b.
grant a Permit with terms and conditions as the Topsoil Review Committee deems
appropriate.
5.06 In determining whether a Permit will be granted, the Review Committee may require the
applicant to provide:
a.
information on surrounding land uses;
b.
information on the Topsoil contents;
c.
proof of authorization for the Removal or Import of Topsoil from the external local
authority if applicable;
d.
wetland or riparian conservation methods where applicable;
e.
consultation with any landowners involved in the action of Topsoil Removal or Topsoil
Import;
f.
consultation with landowners adjacent to where the Topsoil Removal is to occur and
or Topsoil Import is taking place, in accordance with Community Consultation
Program as per the Land Use Bylaw.
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Topsoil
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5.07
A Topsoil Permit shall not be transferable as they are issued on a site specific basis and tied
to the specific property identified in the application.
5.08
The Topsoil Review Committee may revoke a Topsoil Permit if:
a.
the Topsoil Review Committee receives a bona fide complaint; or
b.
the Topsoil Permit holder does not comply with the conditions of the Topsoil Permit.
5.09
If the Topsoil Review Committee revokes a Permit, no refund of the Topsoil Permit fee shall
be made.
5.10 A landowner who is refused a Topsoil Permit may make a written appeal to the Topsoil
Appeal Committee appealing the decision of the Review Committee by submitting a written
appeal letter not later than fourteen (14) days after the Review Committee advises the
Owner of the refusal.
5.11 Any appeal made pursuant to Section 5.10 shall be accompanied by the prescribed fee
contained in the Fee Schedule Bylaw, as amended from time to time. The appeal fee shall
be refunded if the applicant's appeal is successful.
5.12
Upon review of any information provided in support of the appeal, the Topsoil Appeal
Committee may uphold the decision of the Topsoil Review Committee, may refuse a permit,
or may grant a permit with any terms or conditions it deems appropriate. Notwithstanding the
foregoing, the Topsoil Appeal Committee may not waive or vary any of the requirements set
out in Section 6 of this Bylaw.
SECTION 6 - TOPSOIL PERMIT REQUIREMENTS
6.01
Excess Topsoil generated through development shall be used to enhance agricultural
production on other agricultural parcels within the County.
6.02
Stockpiles of Topsoil are to be kept under suitable vegetative cover (minimum 80%) to
prevent soil erosion. The vegetative cover must be established immediately upon completion
of stockpiling and maintained for the life of the stockpile.
6.03
Slopes on stockpiles of Topsoil must not exceed a 4:1 slope, with the exception of the active
face in the case of loading and removal.
6.04
Stockpiles must be free of Prohibited Noxious and Noxious Weeds as regulated under the
Weed Control Act, S.A. 2008 c. W-5.1) and the Weed Control Regulation, Alta. Reg. 19/2010.
6.05
Topsoil being Removed off the property must be covered during transport, to prevent the
spread of weed seeds and soil borne diseases potentially contained in loose material.
6.06
Applicants are required to ensure they are meeting any applicable legislation and regulations
if ground disturbance will occur and to take all precautions reasonably necessary.
Bylaw No. 11/20
Topsoil
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6.07
The Topsoil Permit does not confirm the contents of Topsoil as there may be weeds, disease,
contaminants or a high percentage of subsoil or clay mixed in, and as a condition of
obtaining and exercising the rights given under the permit, the applicant is responsible for
any and all damages and further agrees to indemnify and hold harmless Mountain View
County against any and all losses or damages which may arise as a result of Topsoil Removal
and or Topsoil Import.
6.08
The Topsoil Permit does not give any permissions for alterations to the water flow on the
lands, including any changes to drainage, diversion, installation of tile drainage, infilling,
creation of dugouts, ditches, berms, and water crossings or any change that could create a
change to the flow, volume or velocity of flow of water on another parcel of land. Alberta
Government approval shall be obtained prior to beginning the activity in the event that any of
the above applies.
6.09
This Topsoil Permit does not release the applicant's obligation to obtain other permits or
agreements as necessary.
SECTION 7 - EXEMPTIONS
7.01 The removal of topsoil as an incidental part of a normal farm practice including such removal
as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural
products shall be exempt from this bylaw. This exemption does not apply to any farm or
commercial operation where topsoil is being sold. .
7.02
An exemption for the requirement of a topsoil permit may be made, in writing, under the
following criteria:
a.
The work being completed requires less than 40 cubic metres of topsoil to be hauled
into, or out of, the Lands;
b.
The work being completed does not involve the creation or filling of a Wetland.
7.03
The Topsoil Review Committee may, at their complete discretion, approve, deny, amend or
revoke the exemption.
SECTION 8 - GENERAL PROHIBITIONS
8.01
No person shall Remove Topsoil from the County without first receiving and maintaining in
good standing a Topsoil Permit.
8.02
No person shall Import Topsoil into the County without first receiving and maintaining in good
standing a Topsoil Permit.
8.03
No person shall Remove or Import Topsoil within the County without first receiving and
maintaining in good standing a Topsoil Permit.
8.04
No person shall bury or cover-up Topsoil in any way that prevents it from being utilized.
Bylaw No. 11/20
Topsoil
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SECTION 9 - PENALTIES
9.01 Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to
a penalty. The specified penalty payable in respect of a contravention of a provision of this
Bylaw is the amount shown in Schedule "A" of this Bylaw in respect of that provision.
9.02 Where a Peace Officer believes that a person has contravened any provision of this Bylaw, he
may serve upon such person a Violation Ticket in accordance with Part 2 of the Provincial
Offences Procedure Act, R.S.A. 2002 c. P-34.
9.03 Where any person has been convicted under the same section of this Bylaw within a
TWENTY-FOUR (24) month period, the specified penalty payable in respect of the second
contravention shall be double in the amount as shown in accordance with Schedule "A".
Where any person has been convicted under the same section of this Bylaw two or more
times within a TWENTY-FOUR (24) month period, the specified penalty payable in respect of
the third or subsequent contravention shall be quadruple the amount as shown in
accordance with Schedule "A".
9.04 Without limiting the right to subsequently issue a Violation Ticket, a Violation Tag, may be
issued by a Peace Officer to any person alleged to have contravened any provision of this
Bylaw or its regulations.
The penalty in lieu of prosecution applicable to any contravention of this Bylaw, to be used
when issuing a Violation Tag shall be the same as the specified penalty shown in Schedule
"A".
9.05 A person who has been served with a Violation Tag in relation to an alleged contravention of
this Bylaw, and who has paid the penalty provided within the time allowed shall not be liable
to prosecution for the subject offence.
9.06 A Violation Tag shall be deemed to be sufficiently served:
a.
if served personally on the accused; or
b.
if mailed by regular mail to the address of the owner or person accused.
SECTION 10 - SEVERABILITY
10.01 Each provision of this Bylaw is independent of all other provision. If any such provision is
declared invalid by a Court of competent jurisdiction all other provision of this Bylaw will
remain valid and enforceable.
SECTION 11 - REPEAL OF BYLAW
11.01 Bylaw No. 03/16 is hereby repealed
Bylaw No. 11/20
Topsoil
Page 7
SECTION 12 - EFFECTIVE DATE
12.01 This Bylaw shall come into effect at such time as it has received third (3rd) reading and has
been signed in accordance with the Municipal Government Act.
Read the first time this 27th day of May 2020.
Read the second time this 27th day of May 2020.
Read the third time this 3rd day of June 2020.
Reeve
Chief Administrative Officer
June 3, 2020
Date of Signing
Bylaw No. 11/20
Topsoil
Page 8
SCHEDULE A
PENALTIES
OFFENCE
SECTION
PENALTY
No person shall Remove Topsoil from Mountain
View County without prior receiving a Topsoil
Permit
8.01
First Offence $1000.00
Second Offence $2000.00
Third Offence $4000.00
No person shall Import Topsoil into Mountain
View County without prior receiving a Topsoil
Permit.
8.02
First Offence $1000.00
Second Offence $2000.00
Third Offence $4000.00
No person shall Remove or Import Topsoil within
Mountain View County without prior receiving a
Topsoil Permit.
8.03
First Offence $1000.00
Second Offence $2000.00
Third Offence $4000.00
No person shall bury or cover-up Topsoil in any
way that prevents it from being utilized.
8.04
First Offence $1000.00
Second Offence $2000.00
Third Offence $4000.00
No person shall be in contravention of the
Topsoil Permit Requirements
Section 6
First Offence $1000.00
Second Offence $2000.00
Third Offence $4000.00