Site Alterations

Site alteration activities shall be undertaken in compliance with the Town of New Tecumseth’s Site Alteration and Fill By-law 2024-116 which prohibits and regulates site alterations on lands within the Town’s boundary limits that includes areas of the Oak Ridges Moraine.

Site Alteration and Fill By-law 2024-116 defines Site Alteration, as any activity that involves the dumping, grading, removing, movement or excavating of fill or soil.

When is a Permit not required?

A Site Alteration Permit is not required for any Site Alterations undertaken for the activities provided under the provision of the Exemption and Exception set out in Sections 4 and 5 of Site Alteration and Fill By-law 2024-116. Section 5.1(c) of Site Alteration and Fill By-law 2024-116 provides an Exception provision more specifically related to common site alteration activities for such purposes of property maintenance or minor enhancements which includes adding to flower beds, vegetable gardens, lawn dressing, driveway topping/capping or construction of a fence, pool, pond, landscaping or other accessory structures, provided that:

the site alteration does not exceed 50 cubic metres, or approximately 5 dump truck loads on properties located within the urban settlement boundaries;
the site alteration does not exceed 300 cubic metres, or approximately 30 dump truck loads on properties located outside the urban settlement boundaries;
the existing grade of the lands has not been increased pursuant to Section 5.1(c) of Site Alteration and Fill By-law 2024-116 in the previous twelve (12) months; and
the minimum standards set out in Section 8. 0 of Site Alteration and Fill By-law 2024-116 are complied with.

Refer to the By-law for complete Exemption and Exception details.

When is a Permit required?

Notwithstanding the provisions of Site Alteration and Fill By-law 2024-116, a property Owner may apply for a variance or exception to the prohibitions set out in in Section 3 of Site Alteration and Fill By-law 2024-116. The property Owner shall follow the application process and requirements based on the size and category of site alteration as follows:

Application Category		Permit	Agreement
1	Small Scale Site Alteration (less than 1,000m³)	Required	Not Required
2	Large Scale Site Alteration (1,000m³ or more)	Required	Required
3	Replacement of Topsoil for Agricultural Purposes	Required	Not Required

It is recommended that property Owners review and become familiar with the Site Alteration and Fill By-law 2024-116 together with the Site Alteration and Fill Permit Guidelines to determine the feasibility of the site alteration proposal and financial obligations when considering an Application for Site Alteration and Fill Permit. The Guidelines provide a greater overview to better understand the requirements of Site Alteration and Fill By-law 2024-116.

Site Alteration and Fill Permit Guidelines

Guidelines

Site Alteration and Fill Permit Guidelines

Appendicies

Appendix A - Site Alteration and Fill By-law 2024-116

Appendix A.1 - Schedule A - Town Boundary Limits

Appendix A.2 - Schedule B - Oak Ridges Moraine EP Zones

Appendix B - Fees & Charges By-Law

Appendix C - Application Template

Appendix D - Conditions Template

Appendix E - Plan Template

Appendix F - Submission Details & Requirements

Appendix G - Signage Requirements

Appendix H - Sign Posting Declaration

Appendix I - Public Information Meeting Notice

Appendix J - Order to Disclose Activity Template

Appendix K - Administrative Process Flow Chart

Appendix L - Tree & Natural Vegetation By-Law

Appendix M - MECP Rules for Soil Management and Soil Quality Standards

Appendix N - Town Accessible Information and Communication Policy

Appendix O - Guide to Creating Accessible Documents

Community Engagement

Complaints

Any concerns with site alteration and fill activities may be directed to the Town's Engineering and Development Department via email.

Permit Application Notifications & Public Information Consultation Meetings

As per the provisions set out in Site Alteration and Fill By-law 2024-116, Applicants are required to post notice and signage on the property, distribute hand delivered notices and where applicable, host a Public Information Consultation Meeting. These provisions are intended to adequately notify neighbours and the general Community of application and an opportunity to provide input based on the size and category of site alteration as follows:

Application Category		NOTICE Signage	NOTICE Hand Delivered	Public Meeting
1	Small Scale Site Alteration (less than 1,000m³)	Required	Required	Not Required
2	Large Scale Site Alteration (1,000m³ or more)	Required	Required	Required
3	Replacement of Topsoil for Agricultural Purposes	Required	Required	Required

Current Permit application notifications and scheduled Public meetings can be viewed on the Town’s Public Notices webpage.

Site Alteration Permit Applications

2022 Applications

Residential Lot Grading

Residential Lot Grading and Maintenance Responsibilities

What is "Lot Grading" and why is it important?

Lot grading refers to sloping the ground surface on a property to direct the flow of surface water, which is typically conveyed off your property via shallow, sloped channels also known as swales.

Whenever it rains, a properly graded property will direct the water flow away from your home and off your lot without causing any impact to your property or your neighbour’s. Unfortunately, this stormwater management practice is commonly neglected by Property owners when planning and undertaking property improvements.

In accordance with the Town of New Tecumseth’s Site Alteration and Fill By-law, the responsibility to rectify private surface drainage problems is assigned and designated as follows:

Developers and/or Property owners in the case of an unassumed plan of subdivision
Property owners in the case of an assumed plan of subdivision.

Tips:

Do not alter the grading or slope of a drainage swale, and do not obstruct the water flow by constructing a permanent structure within the swale (e.g. storage shed, raised flower bed/garden, etc.) and/or when undertaking other general landscape improvements.
When in doubt, seek the advice of Professionals when planning property improvements to mitigate the potential to cause any impact to your property and/or your neighbour’s.

Enforcement of Lot Grading in Assumed Subdivisions

Once new subdivisions have been constructed to municipal standards and the developer has fulfilled all obligations, the maintenance of the roads, services, and other infrastructure within the subdivision is taken over by the Town. This transfer of maintenance responsibility and ownership of the subdivision roads and infrastructure is known as assumption.

Once the developer has fulfilled their obligations and subdivision has been assumed, enforcement of minor landscaping enhancements on private property is not undertaken by the Town’s By-law department unless there is a clear property standards violation, such as a water being directly discharged on the adjacent property. The Town does not get involved in resolving grading disputes between neighbours which would typically be considered a private civil mater.

Minor landscaping enhancements on private property, including flower beds, vegetable gardens, law dressing, driveway topping/capping, or construction of a fence, pool, pond, landscaping, or other accessory structures are generally exempt from Site Alteration Permits. It is the property Owner’s responsibility to ensure that the improvements are not negatively impacting their neighbours.

Tips:

If drainage problems arise between private properties, communication with your neighbour is the best first step as they may not realize there is a problem.
If you are not sure what is causing the problem or how to address it, contact a professional engineer, reputable landscaper, or foundation drainage expert.