Williams Lake, British Columbia
· adopted 2023-09-12
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CITY OF WILLIAMS LAKE
BYLAW NO. 2393
A BYLAW OF THE CITY OF WILLIAMS LAKE TO REGULATE THE REMOVAL OR DEPOSIT OF SOIL,
PURSUANT TO THE COMMUNITY CHARTER [SBC 2003] CHAPTER 26, AS AMENDED.
WHEREAS pursuant to Section 8(3)(m) of the Community Charter, Council may regulate, prohibit,
and impose requirements for the removal, or deposit, of soil or other material;
AND WHEREAS pursuant to Section 195 of the Community Charter, Council may impose rates or
levels of fees for a permit required under a municipal bylaw, or the activities therefore, for the
removal, or deposit, of soil or any other material on any land in the municipality;
AND WHEREAS pursuant to Section 9 of the Community Charter, soil removal is a matter of
concurrent authority between the Province of British Columbia and the City of Williams Lake;
NOW THEREFORE the Council of the City of Williams Lake, in open meeting assembled, enacts as
follows:
TITLE
1. This bylaw may be cited as the "City of Williams Lake Soil Removal and Deposit Bylaw No.
2393, 2023".
2. Bylaw No. 2296, being cited as the "City of Williams Lake Soil Removal and Deposit Bylaw No.
2296, 2019", and all amendments thereto, is hereby repealed.
Bylaw No. 2393
Page 2
TABLE OF CONTENTS
PART I - ADMINISTRATION AND INTERPRETATION......................................... 3
APPLICATION ......................................................................................................... 3
DEFINITIONS ..........................................................................................................
3
SEVERABILITY ........................................................................................................ 5
GENERAL PROVISIONS ......................................................................................... 5
PART II - SOIL REMOVAL OR DEPOSIT PERMIT................................................ 9
PERMIT REQUIREMENTS ..................................................................................... 9
PERMIT APPLICATION .......................................................................................... 9
SECURITY DEPOSIT WITH PERMIT APPLICATION ............................................. 12
ISSUANCE OF SOIL REMOVAL OR DEPOSIT PERMIT ........................................ 12
PERMIT FEES ......................................................................................................... 13
SOIL REMOVAL OR DEPOSIT BEFORE PERMIT ISSUED .................................... 13
RESPONSIBILITY OF OWNER ............................................................................... 13
PART III - ENFORCEMENT AND OFFENCES....................................................... 15
ENFORCEMENT .................................................................................................... 15
VIOLATIONS .......................................................................................................... 15
DEEMED OFFENCES ............................................................................................. 16
TICKETING ............................................................................................................. 16
PART IV - ADOPTION.......................................................................................... 18
Bylaw No. 2393
Page 3
PART I - ADMINISTRATION AND INTERPRETATION
APPLICATION
3. Unless otherwise exempted by this bylaw, this bylaw is applicable to the removal and deposit
of soil or other material within the boundaries of the City of Williams Lake.
DEFINITIONS
4. In this bylaw:
"Agent" includes a firm, corporation, or other person representing the owner by written
designation or contract, and includes a hired tradesperson who may be granted a permit for
work within the limitations of their license.
"Agricultural Land Commission Act" means the Agricultural Land Commission Act [SBC 2002],
Chapter 36, as amended.
"Building Official" means the person designated in, or appointed to that position by the City,
and includes a building inspector, plan checker, and plumbing inspector; for certainty the
Building Official is the "Building Inspector" referred to in the Community Charter and the Local
Government Act.
"Bylaw Enforcement Officer" means an officer or employee of the City who has responsibility
for inspection and enforcement relating to bylaw compliance.
"City" means the City of Williams Lake.
"Community Charter" means the Community Charter [SBC 2003], Chapter 26, as amended.
"Corporate Officer" means an officer or employee of the City who has the responsibility of
corporate administration.
"Deposit" means the placing, storing, stockpiling, spilling, or releasing (either directly or
indirectly) of soil on any land where that soil did not previously exist.
"Director" means the Director of Development Services for the City of Williams Lake, or the
designate.
"Environmental Management Act" means the Environmental Management Act [SBC 2003],
Chapter 53, as amended.
Bylaw No. 2393
Page 4
"Highway" means a public street, road, path, lane, walkway, trail, bridge, viaduct,
thoroughfare, and any other public way, but specifically excludes private right-of-way on
private property.
"Land" means any land within the boundaries of the City, including land covered by
watercourses.
"Local Government Act" means the Local Government Act [RSBC 2015], Chapter 1, as amended.
"Local Government Bylaw Enforcement Act" means the Local Government Bylaw Enforcement
Act [SBC 2003], Chapter 60, as amended.
"Lot" means the smallest unit in which land is designated as a separate and distinct parcel as
shown on the records of the Land Title Office.
"Mines Act" means the Mines Act [RSBC 1996], Chapter 293, as amended.
"Offence Act" means the Offence Act [RSBC 1996], Chapter 338, as amended.
"Owner" means the registered owner in fee simple, or an agent duly authorized by the owner
in writing.
"Parcel" means the smallest unit in which land is designated as a separate and distinct parcel as
shown on the records of the Land Title Office.
"Permit" means permission or authorization in writing by the Director to perform work
regulated by this bylaw.
"Person" means and includes an association, corporation, firm, individual, organization,
partnership, party, or society.
"Premises" means an area of land with its appurtenances and buildings, which may be sold or
leased as a unit because of its unity of use, and may include a separately leased portion of a
building or a building and lot.
"Qualified Professional" means a person registered with a professional association, including
the Association of Professional Engineers and Geoscientists of British Columbia, the Association
of British Columbia Land Surveyors, the British Columbia Institute of Agrologists, or another
person who is recognized by the Director as qualified because of knowledge, training, and
experience to organize, supervise, and perform the duties required in this bylaw.
Bylaw No. 2393
Page 5
"Remove" or "Removal" means to remove soil from any lands in the City and shall include a
stockpile or other storage facility.
"Soil" includes soil, topsoil, sand, gravel, rock, fill, silt, clay, peat, or any other substance of
which land is composed, or any combination that is clean, without contamination, natural, and
non-compostable.
"Stockpile" means a man-made accumulation of soil held in reserve for future use, distribution,
or removal.
"Watercourse" means a natural body of water or source of water supply (whether usually
containing water or not), groundwater, lake, river, creek, spring, ravine, wetland, gulch, and
may include a ditch.
SEVERABILITY
5. If a section, subsection, paragraph, subparagraph, or phrase of this bylaw is for any reason
declared invalid by a court of competent jurisdiction, the decision will not affect the validity of
the remaining portions of this bylaw.
GENERAL PROVISIONS
General Compliance:
6. Except as otherwise permitted in this bylaw, persons shall not remove or deposit soil, or
undertake any action which results in the removal or deposit of soil, on any land within the City
until a permit for such removal or deposit is approved by the Director.
7. All persons engaged in the removal or deposit of soil shall be subject, at minimum, to the
following conditions:
a) Any damage to drainage facilities, highways, watercourses, lands, or other publicly
owned property resulting from the soil removal, soil deposit, or any other activities
related directly to the soil removal or deposit, shall be repaired at the cost of the owner
of the parcel to which a permit is issued;
b) All drainage facilities and watercourses shall be kept free from silt, clay, sand, rubble,
debris, or gravel;
Bylaw No. 2393
Page 6
c) All drainage facilities and watercourses shall be kept free from any movement of soil
causing obstruction to such drainage or watercourse;
d) All lots are to be graded to drain, at a 2% slope minimum, to an approved City drainage
system or roadway;
e) In no case shall lots be permitted to drain on to adjacent properties;
f) All driveways shall be graded to a maximum slope of 12%;
g) The soil removal or deposit operations shall not encroach upon, undermine, or
physically damage any land or property;
h) Only clean, non-contaminated, natural, and non-compostable soil may be removed or
deposited;
i) The removed or deposited soil shall not adversely affect the light, privacy, or view of
adjoining or adjacent properties, nor shall it substantially alter the appearance and
nature of the surrounding area;
j) A registered professional with expertise in geotechnical engineering shall provide an
accepted parcel grading plan on any removal or deposit activities that result in a grade
steeper than one vertical to two horizontal;
k) A permit issued pursuant to this bylaw shall not be transferred or assigned;
l) The soil removal or deposit operation and all related activities shall be carried out in
accordance with the noise regulations cited within the "City of Williams Lake Good
Neighbour Bylaw No. 2194", as amended;
m) Every person holding a permit pursuant to this bylaw shall maintain accurate, up-to-date
records of the progress of the soil removal or deposit operation, sufficient to show
compliance with the provisions of this bylaw and the permit, and such records shall be
made available to the Director within 24 hours of a request; and
n) During the period of removal or deposit, each permit issued pursuant to this bylaw shall
be visibly displayed in a protected, accessible, conspicuous position upon the lands
referred to in the permit.
Bylaw No. 2393
Page 7
Bylaw Conflicts:
8. If any portion of this bylaw is found to conflict with any other bylaw of the City, the
provisions which establish the most restrictive provisions shall prevail and nothing in this bylaw
shall be taken to relieve any person from complying with the provisions of any other bylaw of
the City.
Exemptions from Permit Requirement:
9. Notwithstanding Section 7, the City shall not require a person to obtain a permit if the
removal or deposit of soil on a parcel of land:
a) Involves the movement of not more than 20 cubic metres of soil from one parcel to
another parcel;
b) Involves the movement of not more than 20 cubic metres of existing soil within the
boundaries of that legal parcel, provided that the earthworks are situated a minimum of
10 metres from any property line, easement, statutory right-of-way, or watercourse,
and that the earthworks will result in a finished slope not exceeding 1 vertical to 2
horizontal;
c) Is required as part of a gravel extraction or mining operation where such use is
approved under an active Mines Act permit, or, where applicable, is consistent with the
Agricultural Land Reserve Use Regulation;
d) Is required for the regular operation and maintenance of an existing golf course,
provided that the earthworks do not result in a change of grade;
e) Occurs on a highway or railway right-of-way, or is necessary for the construction or
maintenance of a highway or railway;
f) Is necessary works approved under a current building permit issued pursuant to the City
of Williams Lake Building Bylaw, as amended, or is associated with subdivision approval
and is approved under a construction permit issued pursuant to the City of Williams
Lake Subdivision and Development Servicing Bylaw, as amended.
g) Is conducted by an employee or agent of the City or the Province of British Columbia in
the creation or maintenance of a public trail, park, recreation facility, or in the
reclamation of a disturbed area;
Bylaw No. 2393
Page 8
h) Is required as part of a solid waste processing and disposal operation, including
composting facilities, which has approval pursuant to the applicable federal, provincial,
or municipal regulations or bylaws;
i) Is required as part of the remediation of contaminated soils as directed and approved
under the Environmental Management Act;
j) Is conducted by a person authorized to undertake works on a public utility right-of-way;
k) Is conducted by authorized persons under auspices of a declared State of Emergency; or
l) Is the placement of soil on lands that are within the Agricultural Land Reserve provided
that the soil placement is carried out in accordance with the British Columbia
Agricultural Land Commission Act.
Bylaw No. 2393
Page 9
PART II - SOIL REMOVAL OR DEPOSIT PERMIT
PERMIT REQUIREMENTS
10. Except as provided under Part 1, Section 9, "Exemptions from Permit Requirements" of this
bylaw, no person shall remove or deposit soil, or undertake any action which results in the
removal or deposit of soil on any land within the City until a permit for such removal or deposit
is approved by the Director.
11. No person shall commence or continue work on a soil removal or deposit operation after a
Bylaw Enforcement Officer has ordered cessation thereof.
12. No person shall conduct soil removal or deposit operations that are at variance with the
conditions of the permit, including the description, plans, and specifications of the operations
for which the permit has been issued, unless such change has been approved in writing by the
Director.
13. Unless authorized by the Bylaw Enforcement Officer, no person shall reverse, alter, deface,
cover, remove, or in any way tamper with any notice or certificate posted at any soil removal or
deposit operation pursuant to any of the provisions of this bylaw.
14. No person shall interfere or obstruct any entry of the Bylaw Enforcement Officer onto land
or premises as authorized by this bylaw.
15. Soil removal or deposit permit applications shall be accompanied by the prescribed permit
fees as set out in Section 27 of this bylaw.
PERMIT APPLICATION
16. Forms utilized for the application or issuance of a soil removal or deposit permit may be
amended from time to time by the Director as they see fit;
17. An application for a soil removal or deposit permit under this bylaw must:
a) Be made in the form labelled Soil Removal and Deposit Permit Application, and signed
by the owner, or a signing officer if the owner is a corporation;
b) Be accompanied by the owner's acknowledgement of responsibility and undertaking
made in the form labelled Soil Removal and Deposit Permit Application, and signed by
the owner, or a signing officer if the owner is a corporation;
Bylaw No. 2393
Page 10
c) Be accompanied by the Contaminated Site Declaration Form, and signed by the owner,
or a signing officer if the owner is a corporation;
d) Include a copy of a title search, including charges such as covenants, easements, rights-
of-way, etc., for the relevant property made within 30 days of the date of the permit
application;
e) Include copies in duplicate of specifications and drawings to a scale of not less than
1:500 showing:
(i)
A plot plan clearly identifying the area of land from which the soil is sought to be
removed or deposited including all pertinent topographic features, such as,
property lines, existing buildings, wells, dry wells (rock pits), drainage fields,
septic fields, roads, driveways, retaining structures, landscaped areas,
watercourses, and forest vegetation on the subject parcel, and must also include
the topographic features of adjacent parcels;
(ii)
A site grading plan including the proposed slopes and ground cover which will be
maintained upon project completion of the soil removal or deposit operations;
(iii)
The methods proposed to control erosion of a slope and siltation after the soil
removal or deposit;
(iv)
The methods proposed for drainage control of the parcel during and after the
soil removal or deposit operation;
(v)
The methods proposed for managing the spread of invasive plants;
(vi)
The methods proposed for access to the parcel during the soil removal or deposit
operation including the proposed truck route for moving the soil and the
frequency of trucking operations;
(vii)
The methods proposed for noise and dust control during the soil removal or
deposit operation; and
(viii)
The methods proposed for grading and cut slope reinstatement - upon
completion of earthworks, as required by the Director, all excavations, grading,
and embankment slopes must be covered with an adequate thickness of organic
topsoil and seeded with an approved grass seed mix;
f) Include copies of permits and approvals required under any Federal, Provincial, or local
governments' regulations that apply to the proposed soil removal or deposit operation.
Bylaw No. 2393
Page 11
18. The Director may, in addition, require the following when needed to satisfy the
requirements of this bylaw:
a) A full civil engineering review and design of the property, including a legal survey,
prepared and signed by a qualified professional including, but not limited to, grading,
drainage, construction methods, compaction levels, material types, reinstatement
(topsoil, vegetation, seeding), and associated requirements for inspection and testing;
b) An erosion and sediment control plan prepared and signed by a qualified professional;
c) An environmental assessment, archaeological impact assessment, geotechnical report,
or a hydrology report prepared and signed by a qualified professional;
d) An environmental or geotechnical monitoring contract to document compliance with
the conditions of the soil removal or deposit permit;
e) Upon completion of the earthworks, all excavations, graded areas, and embankment
slopes be covered with an adequate thickness of organic topsoil and seeded with an
approved grass seed mix; and
f) A performance or security bond, as determined by the Director, in the amount of up to
100% of the estimated cost to implement monitoring plans and recommendations of
the qualified professional.
19. An application for a permit shall be made to the Director, and the Director may refuse to
issue a permit if the plans, data, and specifications indicate that the soil removal or deposit will,
or is reasonably likely to:
a) Injuriously affect any watercourse, ditch, drain, sewer, or other utility;
b) Damage, destroy, or obstruct an existing statutory right-of-way, structure, or other
improvements on the parcel or on any adjoining or reasonably adjacent parcel, whether
privately or publicly owned;
c) Contravene any covenant, development permit, or notation on title of the parcel;
d) Contravene any bylaw of the City;
e) Threaten the health of drinking water, the safety and welfare of the public, or be
otherwise contrary to the public interest;
f) Adversely affect the air or light of adjoining properties; or
Bylaw No. 2393
Page 12
g) Substantially alter the appearance and nature of the surrounding area.
SECURITY DEPOSIT WITH PERMIT APPLICATION
20. An applicant for a soil removal or deposit permit must pay to the City, at the time of the
application, the following security deposit:
a) $500 for operations involving less than 100 cubic metres of soil;
b) $1,000 for operations involving 100 to 500 cubic metres of soil; or
c) $2,500 for operations involving more than 500 cubic metres of soil.
21. The securities referred to in Section 18(f) and Section 20 may be used by the City to:
a) Cover the costs borne by the City to maintain, restore, or replace any public works or
public lands which are destroyed, damaged, or otherwise impaired by the carrying out
of the work referred to in any soil removal or deposit permit held by the permit holder;
b) Cover the cost borne by the City to make the site safe if the permit holder abandons or
fails to complete the work as designated on the permit; and
c) Serve as a security deposit to effect compliance with any condition under which the
permit was issued.
22. The security referred to in Section 20 may be used by the City to cover the staff costs
associated with the review of a soil removal or deposit permit application where the application
is subsequently cancelled by the applicant.
23. The City shall return the remaining security to the applicant upon satisfactory completion of
the work authorized by the soil removal or deposit permit, as determined by the Director.
ISSUANCE OF SOIL REMOVAL OR DEPOSIT PERMIT
24. The Director shall issue the permit in the form labelled Soil Removal or Deposit Permit, for
which an application is made where:
a) The proposed soil removal or deposit operation conforms with this bylaw and all other
applicable bylaws of the City; and
Bylaw No. 2393
Page 13
b) The applicant has paid to the City the fee prescribed by this bylaw.
25. Once the Director issues a permit, a person may remove or deposit soil on land described in
the permit, for a specified period of time, and subject to the conditions outlined in the permit.
26. The permit shall expire if the work or activity authorized has not commenced within sixty
days of permit issuance, or if the work or activity authorized has not been completed within a
period of one year from the date of permit issuance.
PERMIT FEES
27. The soil removal or deposit permit fee shall be $250 for a volume of soil not exceeding 100
cubic metres, $500 for a volume of soil more than 100 cubic metres but not exceeding 500
cubic metres, and $1,000 for a volume of soil that exceeds 500 cubic metres.
28. The Director reserves the right to estimate the volume of soil using accepted industry
standards for the purpose of determining the permit fee.
29. A soil removal or deposit permit fee is not refundable if the work authorized by the permit is
not commenced.
SOIL REMOVAL OR DEPOSIT BEFORE PERMIT ISSUED
30. The soil removal or deposit permit fee is doubled for every permit application if the
operations commenced before the Director has issued a permit.
RESPONSIBILITY OF OWNER
31. Subject to Section 7 of this bylaw, every owner must apply for and obtain a soil removal or
deposit permit prior to carrying out the soil removal or deposit operations.
32. Every owner must:
a) Ensure that plans submitted with a permit application bear the name, phone number,
address, and email address of the designer of the plans;
b) Comply with the requirements of this bylaw and the conditions of the permit, and must
not omit any work required by this bylaw or the conditions of the permit; and
Bylaw No. 2393
Page 14
c) Carry out the work authorized by the permit under conditions which protect public
safety.
33. Every owner must carry out the soil removal or deposit operations in accordance with the
requirements of this bylaw, any other bylaw of the City, and any other Federal or Provincial
regulations; the issuance of a permit under this bylaw, the review of plans and supporting
documents, or inspections made by a City representative or a qualified professional shall not
relieve the owner from full and sole responsibility to conduct the work in strict accordance with
this bylaw and all other applicable bylaws, codes, standards, and enactments.
34. Every owner must allow the Director, a Building Official, a Bylaw Enforcement Officer, or any
other designate to enter any building or premises to administer and enforce this bylaw at any
reasonable time. Every owner to whom a permit is issued must, during construction:
a) Post the civic address on the property so that it may be easily read from the public
highway from which the property takes its address; and
b) Post the permit on the property so that it may be easily read from the public highway
from which the property takes its address.
35. Every owner must obtain, by giving the Director forty-eight hours notice, an inspection of
works immediately upon the completion of the work authorized by the permit.
36. The owner shall make all required corrections, provide all required information as ordered
by the Director, and notify the Director once such corrections have been made.
Bylaw No. 2393
Page 15
PART III - ENFORCEMENT AND OFFENCES
ENFORCEMENT
37. The Director, Building Officials, and Bylaw Enforcement Officers, or any appointee by the
Director, are empowered by this bylaw to:
a) Administer this bylaw, including the development of permit processes;
b) Enter at all reasonable times, any building or premises, to ascertain whether the
provisions of this bylaw are being observed;
c) Prescribe a time limit within which any order given under Section 37, Clauses d and e of
this bylaw are to be complied with by the owner, their agent, or the tenant of the
premises;
d) Order the correction of any work which is being, or has been improperly done under a
permit, or is done in contravention of the terms and conditions of a permit or this bylaw;
e) Order the cessation of work that is proceeding in contravention of this bylaw or any
permit issued pursuant to this bylaw by posting a Stop Work Order Notice; and
f) Revoke a permit where there is a violation of any term or condition of the permit or a
contravention of this bylaw.
VIOLATIONS
38. Every person who:
a) Violates a provision of this bylaw,
b) Permits, suffers, or allows any act to be done in violation of any provision of this bylaw,
or
c) Neglects to do anything required to be done under any provision of this bylaw,
is guilty of an offence and is liable to the penalties imposed under this bylaw or any other
applicable bylaw of the City, and is guilty of a separate offence each day that a violation
continues to exist.
Bylaw No. 2393
Page 16
39. Every person who fails to comply with any order or notice issued by the Director, a Building
Official, or a Bylaw Enforcement Officer, or who allows a violation of this bylaw to continue,
contravenes this bylaw.
40. A person who contravenes any provision of this bylaw is guilty of an offence and is subject
to the following enforcement provisions:
a) To the penalties imposed by the Offence Act; or
b) To a fine as imposed by means of the Municipal Ticket Information system under the
Community Charter, or a bylaw notice under the Local Government Bylaw Notice
Enforcement Act.
DEEMED OFFENCES
41. An owner is deemed to have knowledge of and be liable under this bylaw in respect of any
soil removal or deposit operation on the parcel the owner owns.
42. No person is deemed liable under Section 39, who establishes, on a balance of probabilities,
that the soil removal or deposit operation occurred before they became the owner of the
parcel.
43. Nothing in Section 40 of this bylaw affects:
a) The City's right to require, and the owner's obligation to obtain, a permit; and
b) The obligation of the owner to comply with this bylaw.
TICKETING
44. The offences in Schedule A-22 of the City of Williams Lake Bylaw Notice Enforcement Bylaw
No. 2196, 2013, are designated for enforcement under Part 1, Section 2(2), of the Local
Government Bylaw Notice Enforcement Act.
45. The following persons are designated as Bylaw Enforcement Officers under Part 1, Section
2(2) of the Local Government Bylaw Notice Enforcement Act for enforcing the offences in
Schedule A-22 of the City of Williams Lake Bylaw Notice Enforcement Bylaw No. 2196, 2013:
Bylaw No. 2393
Page 17
a) Building Officials;
b) Fire Inspectors; and
c) Persons designated by Council as Bylaw Enforcement Officers.
46. Any person designated as a Bylaw Enforcement Officer pursuant to the City of Williams Lake
Bylaw Notice Enforcement Bylaw is hereby authorized and empowered to enforce the
provisions of this bylaw, by notice or as otherwise provided by this bylaw.
Bylaw No. 2393
Page 18
PART IV - ADOPTION
47. That this bylaw shall come into force and take effect upon the date of final adoption by the
Council of the City of Williams Lake.
READ A FIRST TIME THIS
15th DAY OF
August
, 2023.
READ A SECOND TIME THIS
15th DAY OF
August
, 2023.
READ A THIRD TIME THIS
15th DAY OF
August
, 2023.
RECONSIDERED AND ADOPTED THIS
12th DAY OF
September
, 2023.
*original signed by
_______________________________
MAYOR
*original signed by
_______________________________
CORPORATE OFFICER