Soil and Fill Notice of Intent
Notice made under Section 20.3(c) of the Agricultural Land Commission Act to:
- Place fill on ALR land
- Remove soil on ALR land
- Place fill and remove soil on ALR land
A person who intends to place fill or remove soil for specified farm uses or specified non-farm uses must file a Notice of Intent with the ALC at least 60 days before engaging in the intended use.
- Identify the type of Notice of Intent required for your proposal
- View a sample application from the online Application Portal launch page
- Collect appropriate supporting documentation (e.g. Certificate of Title, Agent Authorization, Sketch Plan)
- Applicants are encouraged to contact their local government (e.g., Municipality, Regional District, or Islands Trust) to:
- Identify local government zoning and policies on agricultural land preservation and other regulations relevant to the proposal
- Inquire if other approvals may be also be required (e.g. Ministry of Transportation and Infrastructure, Ministry of Health, etc.)
- Site plan – which may be prepared by a qualified professional or by the applicant showing clear and accurate measurements of proposed areas and volumes of proposed fill placement or soil removal. The site plan should also show any existing or proposed buildings or structures. A description of the current farm operations, proposed future use of the property, and the reasons for the fill placement or soil removal should also be included. Site plans prepared by applicants may need to be validated by a qualified professional to address certain issues including agrology and geotechnical issues prior to approval of a notice or application by the Commission.
- Cross-sectional details showing existing and proposed ground contours, including the exact depth and slope of the proposed fill placement or soil removal along the east-west transect and the north-south transect. Cross-sectional details may need to be validated by a qualified professional to ensure certain issues are addressed including agrology and geotechnical issues prior to approval of a notice or application by the Commission.
- Submit the Notice of Intent directly to the ALC through the Application Portal
- Include the ALC Notice ID on all payments and subsequent correspondence regarding the Notice
The Chief Executive Officer receives the Notice of Intent and:
- Within 60 days of receiving the Notice of Intent (and the fee), the Chief Executive Officer of the ALC may:
- request further information from the person who submitted the notice of intent;
- approve, in writing, the removal of soil or placement of fill; or
- order, in writing, the person to stop or not engage in removing soil or placing fill unless permitted by an application
Note: It is the policy of the ALC to communicate decisions in writing. ALC staff cannot discuss a decision with the applicant, local government, or with the public prior to its release. The applicant and local government will be notified of the finalized decision through the Application Portal.