Site Alteration (By-law No. 2024-448)

Site Alteration 2024-448

A by-law of the City of Ottawa to protect its agricultural resources and natural heritage features from negative impacts caused by site alteration, and to prevent drainage issues and public nuisances resulting from site alteration activities.

The original Site Alteration By-law 2018-164 was approved by City Council on May 9, 2018. It was repealed and replaced by the updated Site Alteration By-law 2024-448 on October 30, 2024.

Here is additional information to help residents understand how the by-law affects them.

The by-law does not apply to any area already regulated by one of our local Conservation Authorities, such as a floodplain or a significant wetland.

Section 1 - Short title

This by-law may be referred to as the “Site Alteration By-law”.

Section 2 - Site alteration and farming

A Normal Farm Practice carried out by an Agricultural Operation shall be exempt from provisions of this by-law where activities do not contravene federal or provincial law as per the Farming and Food Production Protection Act.

Section 3 - Definitions

In this by-law,

“Agricultural Operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried on in the expectation of gain or reward;

“Agricultural Resource Area” means lands that have been designated as such on Schedules A or B in the City of Ottawa Official Plan, as amended from time to time;

"City" means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires;

“Corrective Work Order” means lands that have been designated as such in the City of Ottawa Official Plan, as amended;

“Corrective Work Order” means an order issued pursuant to this by-law to do work to correct a contravention;

“Ditch” means a linear depression, swale, or open channel, all of which convey storm water runoff from public or private properties in the same manner as does a piped sewer system;

“Ditch Alteration Policy” means the Ditch Alteration Policy which was approved by City Council on July 9, 2008, or as amended;

“Drain” means a culvert, rain water leader, sewer, swale, Ditch, or storm sewer, all of which collect and carry rain water, ground water, surface water or subsurface water, and includes appurtenances such as manholes and catch basins, but does not include any drainage works created under the Drainage Act;

“Drainage” means the movement of water across a Property, whether by way of the natural surface or subsurface characteristics of the Property or by an artificial method;

“Ecological Functions” means the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes, including biological, physical and socio-economic interactions;

“Environmental Impact Study” means a study completed in accordance with the City’s Environmental Impact Study Guidelines, to identify the limits of any Natural Heritage Features and their Ecological Functions on or adjacent to a proposed project site, assess the potential environmental impacts of the project, and recommend ways to avoid or reduce Negative Impacts to the features or functions;

“Excess Soil” means Soil, crushed rock or Soil mixed with rock or crushed rock, that has been excavated as part of a project and removed from the project area for the project, as defined under Ontario Regulation 406/19 of the Environmental Protection Act, as amended;

“Fill” means any type of material deposited or placed on lands and includes, but is not limited to Soil, stone, concrete, asphalt, rubbish, garbage, turf, dirt, earth, aggregate, and binder either singly or in combination, whether originating on the site or elsewhere, used or capable of being used to raise, lower, or in any other way affect or alter the contours of ground; not all such materials may be acceptable for placement (fill) on a site (see Schedule “A”);

"General Manager" means either the General Manager of the Infrastructure and Water Services Department, the General Manager of the Planning, Development and Building Services Department, or the General Manager of the Strategic Initiatives Department of the City of Ottawa, as specified in this by-law, or his or her designate;

“Good Forestry Practices” means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and aesthetics and recreational opportunities of the landscape;

"Good Repair" includes the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a Ditch or Drain remains clear of any Obstruction and operates as designed or intended;

“Landscaping” means the installation and maintenance of any combination of the following elements:

vegetation including trees, shrubs, hedges, ornamental plantings, grass or other ground cover, or
non-vegetative hardscaping materials such as brick, pavers, rock, stone, concrete, tile and wood, excluding monolithic concrete and asphalt and any area used for parking, but including such features as a walkway, patio, deck or in-ground pool, or
architectural elements such as decorative fencing, walls, sculptures, gazebos, trellises, planters, benches and other similar features

"Last Known Address" means the address that appears on the last revised assessment roll of the City;

“Natural Environment Area” means lands that have been designated as such in the City of Ottawa Official Plan, as amended;

“Natural Heritage Feature” means any feature identified in accordance with the policies in Section 4.8.1 of the Official Plan, as amended;

“Natural Heritage System Overlay” refers to Schedules L1-L3 in the City of Ottawa Official Plan, as amended from time to time;

“Negative Impact” means degradation that threatens the health and integrity of the natural features or Ecological Functions for which an area is identified;

“Normal Farm Practice” means a practice that,

is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar Agricultural Operations under similar circumstances, or
makes use of innovative technology in a manner consistent with proper advanced farm management practices; and,
for the purposes of this By-law, specifically includes activities conducted by an Agricultural Operation in accordance with the requirements of the Nutrient Management Act, as amended, or a completed Environmental Farm Plan;

"Obstruct" means any act or inaction that has the effect of preventing or hindering the proper functioning of a Ditch or Drain including, but not limited to the placement, dumping or removal of Fill or Topsoil, or altering the grade of the land by any means including, but not limited to, Landscaping, pavement, interlock, fencing, a swimming pool, deck, shed or retaining wall;

"Obstruction" means any object which prevents or hinders proper functioning of a Ditch or Drain including, but not limited to Fill, Topsoil, rocks, gravel, Landscaping, pavement, interlock, fencing, a swimming pool, deck, shed or retaining wall;

"Occupant" means any Person or persons over the age of 18 years in possession of Property;

“Owner” means the registered owner of the Property or the agent of the registered Owner duly authorized by the registered Owner in writing;

“Person” means an individual, association or corporation and their successors and assigns;

"Property" includes a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant Property;

“Rural Countryside” means lands that have been designated as such in the City of Ottawa Official Plan, as amended;

“Site Alteration” means activities such as the removal of Topsoil from land, the placement or dumping of Fill on land, the alteration of the grade of land, or excavation by any means, including the clearing or stripping of vegetation from the land, the compaction of Soil or the creation of impervious surfaces, or any combination of these activities, and “Alter” or “Alteration” has a corresponding meaning;

“Soil” means any material commonly known as earth, topsoil, loam, subsoil, clay, sand or gravel;

“Stop Work Order” means an order issued pursuant to this by-law to stop the Site Alteration;

“Topsoil” means those horizons in a Soil profile, commonly known as the “O” and the “A” horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat;

“Tree Protection By-law” means By-law Number 2020-340 of the City of Ottawa, as amended;

“Urban Natural Features” means lands that have been designated as such in the City of Ottawa Official Plan, as amended;

“Watercourse” means a natural or artificial open channel, swale or depression in which water flows continuously or intermittently, and includes a Drain or a Ditch;

“Works” means any physical change to the land, and is synonymous with Site Alteration.

Section 4 - Interpretation

(1) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.

(2) This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.

(3) References to items in the plural include the singular, as applicable, unless used with a number modifying the term.

(4) Dimensions specified in metric units shall be the official dimensions. Imperial dimensions contained in parentheses are provided as a convenience only.

(5) In this by-law, the word “metre” shall be represented by the abbreviation “m”, the word “centimetre” shall be represented by the abbreviation “cm”, the word “feet” shall be represented by the abbreviation “ft”, and the word “inches” shall be represented by the abbreviation “in”.

(6) It is declared that if any section, subsection or part thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection, part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

(7) Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

(8) Unless specified otherwise below, this by-law applies to all lands within the geographical limits of the City of Ottawa other than those areas which are subject to regulations made under Section 28(1) of the Conservation Authorities Act, as amended.

Sections 5 and 6 - Prohibitions - General

Section 5

No Person shall perform, permit, or cause to be performed or permitted any Site Alteration except in accordance with the provisions of this by-law, including the standard practices listed in Schedule “A”.

Section 6

No Person shall carry out any Site Alteration unless it is done by, at the request of, or with the consent of the Owner of the Property on which the Site Alteration takes place.

Sections 7 to 9 - Preservation of drainage

Section 7

(1) No Person, Owner or Occupant shall, or shall permit any Person to, Alter or Obstruct, or cause or contribute to the Obstruction of a Ditch, Drain, or lot grade such that the flow of storm, rain, or surface water is increased, impaired or deviates from the approved grading and drainage pattern and causes or is likely to cause an adverse condition on any abutting Property.

(2) For the purposes of subsection (1), "deviates" does not include a corrective measure which in the sole opinion of the General Manager of Infrastructure and Water Services, improves the Property’s drainage without impacting the existing drainage pattern or approved grading and drainage pattern or causing an adverse condition on any abutting Property.

(3) Where an Owner or Occupant wishes to Alter a roadside Ditch system or a Ditch that conveys stormwater from City lands via a registered or unregistered easement, an application to Alter a Ditch shall be made in accordance with the process described in the City’s Ditch Alteration Policy, as amended.

(4) In determining whether to approve the application referred to in this section, the General Manager shall consider the criteria described in Sections 5, 6, 7 and 8 of the Ditch Alteration Policy, as amended.

Section 8

No Owner or Occupant shall fail to keep a private Ditch or Drain in Good Repair.

Section 9

No Owner or Occupant shall allow a private Ditch or Drain to fall into disrepair such that the flow of storm, rain, or surface water is increased, impaired or deviates from the approved grading and drainage pattern and causes or is likely to cause an adverse condition on any abutting Property.

Section 10 - Protection of agricultural resources

(1) No Person shall perform, permit, or cause to be performed or permitted any Topsoil removal or other Site Alteration that would be detrimental to the agricultural productivity of lands in a designated Agricultural Resource Area.

(2) Despite subsection (1) the following activities are permitted:

(a) Site Alteration that is incidental to a Normal Farm Practice carried out by an Agricultural Operation, including, but not limited to, sod-farming, greenhouse operations, nurseries, field and forage crop or livestock production, but not including the removal of Topsoil or peat for sale, exchange or other disposition;

(b) Site Alteration associated with the implementation of a development that has been approved by the City under either the Planning Act or the Building Code Act, subject to the other provisions of this by-law and any applicable conditions of approval; and,

(c) Site Alteration associated with the maintenance of services, including septic systems or wells, the installation and maintenance of fences, or the Landscaping and maintenance of yards, subject to the other provisions of this by-law.

Section 11 to 13 - Protection of natural environment

Section 11

This section applies only to the area shown on Schedule B of this by-law, as amended.

Section 12

(1) No Person shall perform, permit, or cause to be performed or permitted any Site Alteration in or within 30 metres of any designated Natural Environment Area, Conservation Area, Urban Natural Features, or any Natural Heritage System Core Area, Natural Heritage System Linkage Area or Natural Heritage Feature identified on the City’s Natural Heritage Overlay, without the prior written approval of the General Manager of Planning, Development and Building Services for Site Alteration related to an impending or future application under the Planning Act or Building Code Act, or the General Manager of Strategic Initiatives for Site Alteration in the absence of any such proposed application.

(2) The General Manager may:

a) Require an Environmental Impact Study to be prepared in accordance with the City’s Environmental Impact Study Guidelines, as amended, to confirm the extent of any Natural Heritage Features and associated Ecological Functions on or adjacent to the subject site and to address the potential Negative Impacts of the proposed Site Alteration on those features and functions;

b) Impose conditions, above and beyond the standard practices contained within Schedule A of this by-law, for the protection of any significant Natural Heritage Features and associated Ecological Functions identified on or adjacent to the subject site;

c) Refuse to approve the Site Alteration, in whole or in part, where such Alteration would result in Negative Impacts to the Natural Heritage Feature or its Ecological Functions.

(3) Despite subsection (1) the following activities are permitted:

a) Site Alteration associated with the implementation of a development that has been approved by the City under either the Planning Act or the Building Code Act, subject to the other provisions of this by-law and any applicable conditions of approval;

b) Site Alteration associated with the maintenance of services, including septic systems or wells, the installation and maintenance of fences, or the Landscaping and maintenance of yards, subject to the other provisions of this by-law;

c) Site Alteration that is incidental to forest management activities conducted in accordance with Good Forestry Practices, subject to the Tree Protection By-law where it applies;

d) Site Alteration that is incidental to a Normal Farm Practice carried out by an Agricultural Operation on any lands where agriculture is a permitted use; and,

e) In designated Agricultural Resource Area or Rural Countryside lands, the clearing or stripping of trees and other vegetation by an Agricultural Operation in order to return lands to agricultural production in accordance with Normal Farm Practice.

Section 13

(1) No Person shall knowingly furnish false or incorrect information for the purposes of obtaining the General Manager’s approval.

(2) The General Manager’s approval may be revoked if,

a) it was issued on mistaken, misleading, false or incorrect information;

b) it was issued in error;

c) the Owner or agent requests, in writing, that it be revoked; or,

d) the Owner or agent fails to comply with the conditions under which the approval was issued.

Section 14 and 15 - Powers of entry for inspection

Section 14

(1) The General Manager may enter upon Property at any reasonable time for the purpose of carrying out an inspection to ascertain whether the provisions of this by-law are complied with and to enforce and carry into effect the provisions of this by-law, but this power of entry does not include dwellings.

(2) No Person shall hinder or obstruct or attempt to hinder or obstruct the General Manager in the discharge of duties under this by-law.

(3) The powers of entry shall be exercised in accordance with the provisions of the Municipal Act.

Section 15

(1) For the purposes of an inspection under Section 14 the General Manager may:

a) require the production for inspection of documents or items that may be relevant to the inspection;

b) inspect and remove documents or items relevant to the inspection for the purpose of making copies or extracts;

c) require information from any Person concerning a matter related to the inspection; and

d) alone, or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests or photographs necessary for the purposes of the inspection.

(2) A receipt shall be provided for any document or item removed under subsection (1) and the document or item shall be promptly returned after the copies or extracts are made.

(3) Copies of or extracts from documents and items removed under subsection (1) and certified as being true copies of or extracts from the originals by the Person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

Section 16 - Notice of violation

(1) When Site Alteration occurs that is not pursuant to the requirements of this by-law, the General Manager may send a notice of violation, by registered mail or direct delivery of the notice by hand, to the Last Known Address of the Owner and Occupant as applicable, requiring the Owner and Occupant to conform to the requirements of this by-law, and the notice shall specify the time allowed for compliance.

(2) No Person shall fail to comply with a notice sent pursuant to subsection (1).

Section 17 - Order to discontinue activity (stop work order)

(1) If the General Manager is satisfied that a contravention of this by-law has occurred, the City may make an order requiring the Person who contravened this by-law, or who caused or permitted the contravention, or the Owner or Occupant of the land on which the contravention occurred, to discontinue the contravening activity.

(2) The order shall set out reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred and the date by which there must be compliance with the order.

Section 18 - Corrective work order

a) the removal of Fill;

b) the filling in of any excavations;

c) the elimination of any hazard or potential hazard resulting from the Alteration of the grade of land or the placing, dumping or removal of Fill and the restoration of the land to a condition of safety and/or its original environmental condition;

d) the restoration of the land to its former condition prior to the Site Alteration;

e) the undertaking of any further investigations as required to identify the extent of the breach of this by-law and to correct the contravention, as deemed appropriate by the General Manager.

(2) The order shall set out reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred, the work to be done, and the date by which the work must be done.

Section 19 - Service of orders

Orders issued under Sections 17 and 18 may be served personally by the City or sent by registered mail to the Person contravening the by-law, and may be posted in a conspicuous place on the Property where the contravention occurred.

(1) Where an order under this by-law is served personally by the City, it shall be deemed to have been served on the date of delivery to the Person or persons named;

(2) The posting of an order on the affected lands shall be deemed to be sufficient service of the order on the Person or corporation to whom the order is directed on the date it is posted;

(3) Where an order issued under the by-law is sent by registered mail, it shall be sent to the Last Known Address of,

a) The Owner; or,

b) The Person or company that committed the contravention; and shall be deemed to have been served on the date of the next workday following the date of mailing.

Section 20 - Default and remedial action

(1) Where a notice or order has been sent by the City pursuant to Sections 16(1) or 18(1) and the requirements of the notice or order have not been complied with, the General Manager may cause the work to be done and the total cost of the work shall be at the expense of the Owner or Occupant.

(2) For the purposes of subsection (1), the City may enter upon Property at any reasonable time.

(3) The total cost of such work shall include an administration fee in the amount of 15% of the cost of the work.

(4) The costs of the work to be done pursuant to subsection (1) and all costs related to the administration, enforcement and the establishment, acquisition and replacement of capital assets related to this by-law, may be recovered from the Owner or Occupant by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

(5) The cost includes interest calculated at a rate of 15%, calculated for the period commencing on the day the City incurs the cost and ending on the day the cost, including the interest, is paid in full.

(6) The amount of the cost, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien, in respect of all costs that are payable at the time the notice is registered plus interest accrued at the rate established under subsection (5) to the date the full payment is made.

(7) Upon receiving payment of all costs payable plus interest accrued to the date of payment, the City shall register a discharge of the lien in the proper land registry office at the expense of the Owner or Occupant.

Sections 21 to 25 - Offences and penalties

Section 21

Every Person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.

Section 22

Every Person who contravenes any of the provisions of this by-law is guilty of an offence and the offence is hereby designated as a continuing offence as provided for in subsection 429(2)(a) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

Section 23

Every Person who is convicted of an offence under this by-law is liable to a minimum fine not exceeding $500 and to a maximum fine not exceeding $100,000, pursuant to subsections 429(1) and (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

Section 24

A Person who is convicted of an offence under this by-law is liable, for each day or part of a day that the offence continues, to a minimum fine not exceeding $500 and a maximum fine not exceeding $10,000, and the total of all daily fines for the offence is not limited to $100,000 as provided for in subsection 429(3), paragraph 2, of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

Section 25

When a Person has been convicted of an offence under this by-law the Superior Court of Justice or any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the Person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the Person convicted directed toward the continuation or repetition of the offence, and requiring the Person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

Sections 26 to 27 - Application of other laws and approvals

Section 26

No Person shall fail to comply with any municipal by-law or policy while undertaking Site Alteration.

Section 27

Compliance with this by-law does not relieve any Person from responsibility to comply with any federal or provincial law.

Section 28 - General exemptions

The provisions of this by-law do not apply where,

Site Alteration is undertaken by the City or a local board of the City;
Site Alteration is undertaken by a Conservation Authority or a Ministry of the Provincial or Federal Government;
Site Alteration is undertaken by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, as amended, for the purpose of constructing or maintaining a transmission system or distribution system, as defined in the Electricity Act, 1998, as amended;
Site Alteration occurs as a condition of approval imposed after December 31, 2002 with respect to a site plan, plan of subdivision, a consent, or a development permit under sections 41, 51, 53 or 70.2 respectively of the Planning Act, as amended, or as a requirement of an agreement entered into under those sections;
Topsoil removal is an incidental part of a normal agricultural practice including such removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products, but not including the removal of Topsoil for sale, exchange or other disposition;
Site Alteration occurs on land described in a licence for a pit or quarry or a permit for a wayside pit or a wayside quarry issued under the Aggregate Resources Act, as amended;
Site Alteration is undertaken in order to lawfully establish and operate or enlarge any pit or quarry on land:
1. that has not been designated under the Aggregate Resources Act, as amended, or a predecessor of that Act; and
2. on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act, as amended;
Site Alteration is undertaken as an incidental part of the construction, maintenance or repair of drainage works under the Drainage Act, as amended, or the Tile Drainage Act, as amended;
Site Alteration is required as part of the lawful use, operation, establishment, alteration, enlargement, or extension of a waste management system or waste disposal site within the meaning of Part V Waste Management of the Environmental Protection Act, as amended, or a private waste disposal site or waste management system that is exempted by regulations for that Part; or,
Site Alteration is required as part of the lawful construction, extension, alteration, maintenance, or operation of works under Section 26 of the Public Transportation and Highway Improvement Act, as amended.

Section 29 - Repeals

By-law 2018-164 of the City of Ottawa is repealed.

ENACTED AND PASSED this 30th day of October, 2024.

Schedule A – Standard Practices for Site Alteration

Section 1

(1) Prior to commencing Site Alteration on a Property that is subject to a Planning Act application, the Owner or their agent shall provide written notification to the local Ward Councillor and the City’s lead planner for the file.

(2) Where Site Alteration referred to in subsection (1) above is proposed to occur within 10 m of the Property boundary, the Owner or their agent shall notify the Owner or Occupant of the adjacent private Property in advance by means of a written or posted notice.

(3) Despite (1) and (2) above, notification can occur after the fact in cases where Site Alteration is required to respond to urgent events such as flooding.

(4) Notification referred to in parts (1) and (2) above shall include:

a) a clear description of the nature and purpose of the Site Alteration,

b) the location and extent of the area to be affected,

c) the anticipated duration of the work, and,

d) contact information for the Person or company responsible for carrying out the Site Alteration.

Section 2

The following practices shall apply to all Site Alteration activities, except in the case of Site Alteration associated with the implementation of a development that has been approved by the City under either the Planning Act or the Building Code Act, which shall proceed in accordance with any applicable conditions of approval.

(1) Sediment and erosion control measures shall be provided where necessary to prevent impacts to Natural Heritage Features, Watercourses or other surface water features, adjacent Properties, or City infrastructure. These measures shall be installed prior to the commencement of Site Alteration, and shall be maintained in good working order until the site has stabilized, after which any such measures that are not permanent shall be removed in a manner that minimizes disturbance to the site.

(2) Fencing or other protective measures shall be provided where necessary to clearly delimit the work area and prevent impacts to adjacent trees or other vegetation, Natural Heritage Features, Properties, or City infrastructure. Such measures shall be installed prior to the commencement of Site Alteration, and shall be maintained in good working order until the completion of the Site Alteration, after which any such measures that are not permanent shall be removed in a manner that minimizes disturbance to the site.

(3) All Fill shall be clean and free of trash, rubbish, glass, liquid or toxic chemicals, hazardous waste, contamination, or other deleterious material. Fill placed on site shall be managed in accordance with provincial rules and regulations for the management of Excess Soils and waste, as amended, including but not limited to the Soil Rules and Excess Soil Standards established under Ontario Regulation 406/19.