Soil or Fill Use & Notice of Intent

The following fill placement or soil removal activities in section 35 of the ALR Use Regulation are permitted uses and do not require authorization from the ALC:

• constructing or maintaining a structure for farm use OR for a principal residence that has total area of 1,000 square metres (m²) or less; AND the resulting elevation level is consistent with the minimum elevation level established under all applicable local government enactments and First Nation government laws;
• constructing or maintaining berms for producing cranberries, if any fill placed on the area is:
  • no higher than 2 m above the natural grade, and
  • no wider than 10 m at the base;
• constructing or maintaining flood protection dikes, drainage, irrigation and livestock watering works for farm use, if the total annual volume of soil removed or fill placed is 320 cubic metres (m³)/16 ha or less;
• maintaining an existing farm road, if the total annual volume of soil removed or fill placed is equal to or less than the ratio of 50 m³ of soil or fill to 100 m of existing road length;
• using clean sand as a top-dress for berry production, if the total annual volume of soil removed or fill placed is 100 m³/ha or less;
• applying soil amendments, if incorporated into the soil to a depth of 30 cm or less. “Soil amendment” means compost, fertilizer, manure, mulch and soil conditioners;
• conducting soil research and testing, if the soil removed or fill placed is limited to the amount necessary for the research or testing.

An NOI is appropriate for proposals that align with ALC guidelines and involve uses that are permitted within the ALR.

An NOI is typically appropriate only in the following circumstances, and only where fill placement or soil removal activity has not yet commenced:

If a proposal does not meet the criteria above, or the activity has already commenced, it may require the submission of a soil or fill application to the ALC.

A Soil and Fill Use Application is typically appropriate in the following circumstances:

NOI and Soil or Fill Use applications are submitted through the ALC Portal.

NOIs are submitted directly to the ALC for review. Soil or Fill Use applications are first reviewed by the local government or First Nation government who may resolve to forward the application the ALC before it can be considered by the ALC.

Learn more about submitting a NOI or Soil or Fill Use application :

• Notice of Intent Process
• Application Process

ALC staff cannot provide advice on how to design farm, accessory, or residential structures; or how to obtain authorization or comment on the potential outcome of a NOI or Soil or Fill Use application.

Fill must not include any of the following, which are defined as Prohibited Fill in section 36 of the ALR Use Regulation:

• construction or demolition waste, including masonry rubble, concrete, cement, rebar, drywall and wood waste;
• asphalt;
• glass;
• synthetic polymers (e.g., plastic drainage pipe);
• treated wood;
• unchipped lumber.

For greater clarity, wood waste refers to wood materials recovered from demolition and construction activities.

Recycled concrete aggregate and recycled asphalt may only be used to maintain existing farm roads as described in section 36(2) and section 36(3) of the ALR Use Regulation.

The ALR Use Regulation defines “recycled concrete aggregate” and “recycled asphalt pavement” for the purposes of maintaining farm roads as concrete and asphalt that:

• have been recovered from a demolition process,
• have been crushed to a particle size:
  • that may pass through a 1.905 cm screen, in the case of recycled concrete aggregate, or
  • of 1.905 cm³ or smaller, in the case of recycled asphalt pavement, and
• do not include, or are not combined with, metal, plastic, rubber, wood, glass, paper, organic materials or other contaminants.

If you are working with a professional agrologist they should be familiar with, and follow, relevant ALC policies:

• Policy P-10 – Criteria for Agricultural Capability Assessments
• Policy P-11 – Expert Opinions in Agricultural Land Commission Matters
• Policy P-12 – Soil and Fill Publications and Reference Materials

For more information on Soil or Fill Use in the ALR:

• Information Bulletin 07 – Soil or Fill Uses in the ALR
• Policy L-27 – Aggregate Extraction Applications
• Policy L-23 – Placement of Fill for Soil Bound Agricultural Activities
• Policy P-10 – Criteria for Agricultural Capability Assessments
• Policy P-11 – Expert Opinions in Agricultural Land Commission Matters
• Policy P-12 – Soil and Fill Publications and Reference Materials
• Policy P-13 – Aggregate Extraction – Reclamation Plans and Supporting Documentation

For more information on structure design in the ALR:

• Necessary Farm Use Structures in the ALR Guidelines
• Additional Residential Structures in the ALR Guidelines
• Accessory Residential Use Structures in the ALR Guidelines