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, specified non-farm uses, or specified residential uses must file a Notice of Intent (NOI) 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 ALC 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)/First Nation Government to:
- Identify local government zoning and policies (or First Nation Government law) 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.)
- Primary Contact Authorization – The primary contact becomes the single point of contact and must ensure that all landowners are notified of all information exchanged between the primary contact, local or First Nation government, and the ALC.
Primary Contact authorization letter must be provided if:
- more than one individual owner is associated with the parcel(s); or
- the parcel(s) are owned by a private organization/corporation; or
- the parcel(s) are owned by a government (Crown, local government, treaty First Nation government); or
- the application is being submitted by a third-party agent; or the application is being submitted by local government or First Nation government staff.
For privately owned Fee Simple parcels, the letter must be signed by all individual landowners and the majority of directors within the organization. For Crown parcels or Fee Simple parcels owned by a government, the letter must be signed by senior level staff.
The ALC provides an Primary Contact Authorization Letter template for your convenience. If you have any questions/concerns, please contact the ALC Portal at ALC.Portal@gov.bc.ca or 236-468-3342.
- Site Plan/Proposal Sketch – A visual representation of your proposal.
Your site plan/proposal sketch may be prepared by yourself or a qualified professional. It must show 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.
- Detailed Building Plan(s) – must be submitted if the proposal requires placing fill or removing soil for building a structure.
Building plans must be the most up to date, current version and include:
- the total floor area of all levels (including attic) and their intended use;
- interior floor plan and exterior views with measurements.
- Cross Sections – must be submitted if the proposal is for area-wide filling, aggregate extraction, or placer mining.
Cross sections should include North-South and East-West cross sections and show existing conditions, interim and final grades, and slope gradient (%) along the east-west transect and the north-south transect. Cross-sections must be drawn at an appropriate scale and prepared by a Professional Engineer or Registered BC Land Surveyor. Click the following link to see a Sample Cross Section.
- Reclamation Plan – must be submitted if the proposal is for area-wide filling, aggregate extraction, or placer mining.
The Reclamation Plan should be completed by a qualified Professional Agrologist and contain the area’s agricultural capability assessment.
For more detailed information about what is required in technical reports, please review the Criteria for Technical Reports.
- Submit the Notice of Intent directly to the ALC through the ALC 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/First Nation government, or with the public prior to its release. The applicant and local government/First Nation government will be notified of the finalized decision through the online ALC Portal.