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Front landscaping of a house

Landscaping and Grading

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All land within the City of Oshawa is subject to the Site Alteration By-law, which regulates grading activities like removal or addition of soil that can change land levels. The by-law aims to prevent drainage issues and protect groundwater and the environment contamination. 

Under this by-law, "fill" refers to any material placed on land, including soil, stone, concrete, construction materials, asphalt, sod, or turf, either individually or combined. 

Altering the land surface or grade can affect water drainage from your property. Improper drainage can affect both you and your neighbours.

Grading is altering the ground surface elevation by cutting, filling, levelling or smoothing. 

Landscaping refers to any activity that alters the visible features of a piece of land. This can include planting, grading, installing patios, fences, water features, and constructing buildings or structures.

Apply for a Site Alteration Permit

Site Alteration Permits applications can now be submitted through the City of Oshawa’s new Application Portal. For inquiries related to Site Alteration or the permit application process, you may contact us via email at sitealteration@oshawa.ca.

Register for your Application Portal account and start your Site Alteration Permit application 

For assistance, visit our Oshawa Application portal page for helpful tips.

Do I need a Site Alteration permit?

A Site Alteration permit may be required before starting construction to ensure no negative impact on you, your neighbours, or the environment. Property owners must obtain a permit for the following work:

  • Inground pool installation (above ground pools are exempt Site Alteration Permits)
  • Erecting new structures or buildings such as sheds, garages, retaining walls, below grade walkout basement entrances, etc.
  • Widening, moving or re-routing your driveway 
  • Any changes to the elevation of the land within 0.6 m of the property line
  • Change in the location, direction or elevation of any natural or artificial watercourse, open channel, swale or ditch used to drain land
  • Landscaping (when importing or exporting more than 20 m3  of material)
  • Changing the existing drainage pattern 
  • Works that could cause impact to the adjacent properties
  • Any works related to new single lot residential development (work being done under a Subdivision or Site Plan agreements are exempt from this permit)
  • Pre-servicing of Site Plan developments prior to having a Site Plan Agreement in place

Exemptions to the Site Alteration By-Law

This By-law does not apply if Fill is placed on residential zoned land for the purpose of lawn dressing, landscaping, adding to flower beds or vegetable gardens, as long as:

  • the elevation is within 0.6m of the property line is not changed
  • no change occurs to any watercourse, channel, swale or ditch used for drainage
  • drainage infrastructure is not obstructed
  • the fill volume does not exceed 20 cubic metres

Residents are encouraged to apply for landscaping projects (e.g. patios, above-ground pools, work tied to a Building Permit) that alter land elevation or drainage. City staff will review your proposal at no cost and advise if a permit is required.

Depending on the proposed work, staff may advise:

  • No permit is required
  • The work will not affect adjacent properties, so a Clearance Letter will be issued instead of a Site Alteration Permit. Clearance Letter requirements and fees are less than those for a Site Alteration Permit.
  • A permit is required

If you are unsure whether your property is within an unassumed subdivision, please contact us at sitealteration@oshawa.ca.

 Permit types
 Minor Residential

Minor Residential items include the following items:

  • Inground Pools (above ground pools are exempt)
  • New Sheds or Garages that require a Building Permit 
  • New retaining walls
  • New below grade basement entrances
  • Any changes to the land within 0.6m of a property line (including driveway widenings)
  • Removal or importation of more than 20m3 (2 dump truck loads) of fill to/from the property
  • Widening, moving or re-routing your driveway.
  • Site Plan (Grading/Erosion Control can be included on this drawing)
  • Owner Authorization (if applicable)
  • C.L.O.C.A. Permit (if applicable)
  • A plan showing the design details to proper scale of any Retaining Wall that may be required and the dimensions of any materials to be used in the construction of such Retaining Wall.

Minor Residential Submission Requirements

  • Site Plan (Grading/Erosion Control can be included on this drawing)
  • Owner Authorization (if applicable)
  • C.L.O.C.A. Permit (if applicable)
  • A plan showing the design details to proper scale of any Retaining Wall that may be required and the dimensions of any materials to be used in the construction of such Retaining Wall.
 Pre-servicing for Site Plans

Pre-servicing for Site Plans applies to properties where the owner is pursuing a Site Plan Agreement with the City of Oshawa but wishes to begin grading work on the site before the agreement is signed.

Pre-Servicing of Site Plans Submission Requirements

  • Site Plan
  • Engineering Drawings
    • Preliminary Grading Plan
    • Erosion and Sedimentation Control Plan
  • Haul Route Plan
  • Soils Management Plan
  • C.L.O.C.A. Permit (if applicable)
  • Security Deposit
  • Certificate of Insurance
 Residential Infill Development (1-3 units)

Residential Infill Development (1-3 units) involves new residential construction on a single lot which will contain 1-3 units when completed.

Residential Infill Development (1-3 units) Submission Requirements

  • Site Plan (Grading/Erosion Control can be included on this drawing)
  • Engineering Drawings (if not included on Site Plan)
  • Architectural Drawings
  • Stormwater Management Report
  • Owner Authorization (if applicable)
  • C.L.O.C.A. Permit (if applicable)
 Residential Infill Development (4-10 units)

Residential Infill Development (4-10 units) refers to new residential construction on a single lot that the Planning Department has exempted from the Site Plan Agreement process (in accordance with Bill 23) , resulting in 4 to 10 units upon completion.

Refer to Section 2.3 of the City’s Engineering Design Criteria Manual for a detailed description of the requirements for this type of application.

Residential Infill Development (4-10 units) Submission Requirements

  • Site Plan (Grading/Erosion Control can be included on this drawing)
  • Engineering Drawings (if not included on Site Plan)
  • Architectural Drawings
  • Stormwater Management Report
  • Owner Authorization (if applicable)
  • C.L.O.C.A. Permit (if applicable)
 Fill Operations

Fill operations is the process of adding or removing fill, topsoil, gravel, or other materials to a site to alter the grade and elevation and may include:

  • Level and grade the site
  • Improve drainage
  • Add additional topsoil to agricultural fields

Fees for Fill Operations are based on the amount of fill imported or exported.

Fill Operations Submission Requirements

  • Written description of the proposed work and where the fill is coming from or being delivered to
  • Site Plan
  • Engineering Drawings
    • Preliminary Grading Plan
    • Erosion and Sedimentation Control Plan
  • Haul Route Plan
  • Soils Management Plan
  • C.L.O.C.A. Permit (if applicable)
  • Security Deposit
  • Certificate of Insurance

For other requirements, specific land uses such as normal farm practices and garden centres email  sitealteration@oshawa.ca.

 Submission Requirements

The submission requirements below are minimum requirements. The City, at its discretion, may request additional drawings, reports or information as deemed necessary by the Director of Engineering, to assess the environmental impact of the Fill or alteration.

 Site Plan

The scale of any drawings prepared by a professional company, shall be one of the following, 1:100, 1:250, 1:500 or 1:1000 as deemed appropriate. Each drawing shall have dimensions in metres.

  • Site Plans for Minor Residential Permits must, at minimum, include following information:
    • Property limits and existing structures (house, shed, garage, pool, etc)
    • North arrow
    • Details of the proposed work and a boundary of the affected area
    • Grading and servicing information may also be shown on this plan.
  • Site Plans for all other applications shall include the following information:
    • a key map showing the location of each lot, including the nearest major intersection and north arrow;
    • the lot boundaries and area (expressed in hectares) of each lot;
    • the existing and proposed use of the land and the location and use of the buildings and other structures adjacent to each lot;
    • the location, dimensions and use of any building and other structures existing or proposed to be erected on each lot;
    • the location of lakes, streams, wetlands, channels, ditches, other watercourses and other bodies of water on and within a minimum of 30 metres beyond each lot boundary;
    • the location of all Regulatory Flood Lines and Conservation Authority Fill Regulation lines;
    • Dimensions of the work area from the property lines and existing structures.
    • the location and dimensions of all proposed land disturbance activities, including construction of access roads
    • the species, grade at base and size of all trees greater than 250 millimetres in caliper, all shrubs, trees and hedges within three (3) metre(s) of the property line and driveways on each lot and all easements and rights‑of‑way over, under, across or through each lot
Engineering Drawings

Drawings prepared by a professional must have one of the following, 1:100, 1:250, 1:500 or 1:1000 with dimensions in metres.

Grading Plan

  • Show existing and proposed lot grading including parking lots, driveways, grassed areas, walkways with surface flow directions
  • Include existing topography on each lot and extend at least 30m beyond each lot boundary
  • Indicate proposed grades and drainage system after filling
  • Show overland water flow directions and routes
  • Mark locations of roof-water leader outfalls

Servicing Plan

  • Indicate size, length, location, grade, material and bedding of proposed storm sewers, sanitary sewers and water connections
  • Show locations and dimensions of any existing and proposed stormwater systems and natural drainage within 30m of each lot boundary
  • Indicate utilities, structures, roads, highways and paving located within 30m of each lot boundary
  • Show service inverts at the property line

Erosion Sediment Control Plan

  • Include erosion and sediment control plans (e.g. silt fence, mud mat, etc.) and any constraints (buffers/ restricted areas, etc.) required by other permits.
  • Provide notes on housekeeping, erosion control, dust control, road sweeping and cleaning
  • Show locations, dimensions, design details and design calculations of all construction site erosion control measures
  • Indicate locations and dimensions of all temporary soil, dirt or fill stockpiles
  • Refer to Section 6 of the City of Oshawa’s Engineering Design Criteria Manual for further details
 Stormwater Management Report

A stormwater management report is a document that outlines strategies and practices for managing the runoff of rainwater or melted snow. This report shall include:

  • Assessment of existing conditions: Evaluating the current state of stormwater infrastructure and natural water flow.
  • Design of stormwater management systems: Proposing solutions like retention basins, green infrastructure, and drainage systems to control and treat stormwater.
  • Impact analysis: Predicting the effects of stormwater on the environment and infrastructure.
  • Maintenance plans: Outlining procedures for the upkeep of stormwater management systems to ensure their effectiveness over time

Refer to Section 7 of the City of Oshawa’s Engineering Design Criteria Manual for further details

Cut/Fill Plan
 Show work area(s) and proposed depths of the cut/fill operations
Haul Route
  • Provide a written description and Google Map printout of the proposed route from source to destination site
  • Included a daily hauling schedule with expected daily truck visits
  • Minimize use of local roads; prioritize arterial and collector roads
  • A Traffic Management Plan with signage may be required, depending on the route and site location
C.L.O.C.A. Permit

Any site alteration within Central Lake Ontario Conservation Authority (C.L.O.C.A.) regulated areas (C.L.O.C.A. map), requires approval from C.L.O.C.A. before a Site Alteration Permit can be issued.

Get a C.L.O.C.A. permit 

You may apply for a Site Alterations Permit before receiving your C.L.O.C.A. permit, but the City cannot issue it until a copy of the C.L.O.C.A. permit is provided.

Regional Access Permit 

If access is on a Regional Road with no existing entrance, an approved Access Permit from Durham Region will be required before Site Alteration approval. 

Get a Region of Durham permit 

Soils Management Plan

A Soils Management Plan ensures that safety protocols and regulatory requirements are met during site alteration. This plan, prepared by environmental professionals, must be tailored to the site and assess the environmental impact of the fill or alteration. It must be approved by the Director of Engineering and include the following:

  • A detailed scope of work including material quantities to be imported/exported, source/destination locations, and fill depth plus a proposed work schedule
  • Excess Soils Destination Assessment Report
  • Soils Characterization Report with a Qualified Person’s statement confirming compliance with O.Reg 406/19
  • Reuse Consent letter signed by the receiving site Owner
  • Owner’s Authorization form (if applicable) 
  • Excess Soils Registry Notice if proposing to remove more than 2,000m3 or receiving more than 10,000 m3 of material
  • A dust control plan if the site alteration may have an adverse impact on the neighbouring community. The dust control plan must include:
    • method for monitoring dust
    • response plan to address dust incidents
    • location and identification of the predominant existing Soil types
    • A Qualified Person declaration that includes the following:
      • That the Project Leader or Operator of the project area have provided the Qualified Person or an individual supervised by the Qualified Person with all necessary information and access to the project area and authorized the Qualified Person or an individual supervised by the Qualified Person to make any inquiries of the Project Leader and Operator’s employees and agents, for the purpose of assisting the Qualified Person in preparing or overseeing the preparation of the documents
      • That the Qualified Person has prepared or overseen the preparation of the documents
      • That the documents are complete and accurate and meet the requirements of the regulation and these Soil Rules to the best of the Qualified Person’s knowledge
      • That the Qualified Person certifies that the Fill contains no Contamination as defined in the Environmental Protection Act, R.S.O. 1990, c. E.19
      • Other studies and reports, as necessary, to assess the application, including studies and reports required under the City of Oshawa Official Plan and the Oak Ridges Moraine Conservation Plan, and fees to cover the peer review of such studies and reports
      • If located on the Oak Ridges Moraine, confirmation of compliance with O. Reg. 140/02, the Oak Ridges Moraine Conservation Plan, and the Zoning By-law

Registration on the Excess Soils Registry

Receiving sites accepting over 10,000 cubic metres of material must register online with the Excess Soils Registry. A notice must be filed if any of the following applies (unless exempt):

  • More than 2,000 cubic meters of excess soil is being removed from a commercial or community property uses, including roadways
  • Soil is removed from a project area previously used for industrial purposes (e.g.  garage, gas station, dry-cleaning operation etc.)
  • The project area is being remediated by excavating and removing contaminated soil, including for the purposes of filing a Record of Site Condition

Learn more by visiting the Excess Soil Registry.

Security Deposits and Cost Estimates

The Security Deposit, in the form of a Letter of Credit or cash, is held by the City to cover costs if the terms of a Site Alteration Permit are not met. It may be used to hire contractors or professionals to achieve compliance with an Order under the Site Alteration By-law. The deposit must be replenished upon request to maintain permit compliance.

The deposit ensures the City has the resources to address any liabilities arising from site alteration or fill activities, including but not limited to: 

Operational Liabilities:

  • Dirt on roads
  • Dust
  • Noise
  • Surface runoff
  • Fencing
  • Site access control

 Environmental Liabilities:

  • Contaminated soil
  • Soil, surface water and groundwater impacts
  • Dust and nuisance impacts

The amount of Security Deposit will be based on the specific details of the proposed site alteration.  Site alterations that did not involve the importation of fill would not have the same liability as a fill operation as the most significant environmental liability is associated with the importation of potentially contaminated or deleterious materials.

Security deposit amounts shall be as follows:

  • Minor Residential - $1,000
  • Residential Infill (1-3 units) and (4-10 units) - $3,000
  • Pre-servicing for Site Plans
    • 100% of the combined total of the Cost Estimate and Road Damage Deposit plus a 15% contingency and 13% HST
  • Fill Operations
    • 100% of the combined total of the Cost Estimate and Road Damage Deposit plus a 15% contingency and 13% HST

Permit fees and security deposits less that $10,000 can be paid directly through the City’s Portal website or with a cheque made payable to the City of Oshawa (Please write the property address and permit application number (PRSA ########) on the cheque) and hand delivered to Service Oshawa or mailed to the City Of Oshawa.

If the security deposit amount exceeds $10,000, the applicant may instead choose to issue a Letter of Credit.

Cost Estimate (Only required for Pre-Servicing Site Plans and Fill Operations)

  • The Cost Estimate shall include all costs associated with road cleaning and erosion and sediment control measures shown on the drawings.

for the erosion sediment control measures

  • Once the items and unit prices are approved, 100% of this estimate will be added to the required Security Deposit.

Road Damage Deposit (Only required for Pre-Servicing for Site Plans and Fill Operations Only)

The Road Damage Deposit is dependent on the amount of fill being imported/exported.

  • For fill amounts less than 500m3 a deposit of $3000 shall be taken.
  • For fill amounts between than 500m3 and 1000m3 a deposit of $5000 shall be taken.
  • For fill amounts larger than 1000m3, the City shall calculate the amount required.

The City reserves the right to invoice the Applicant for to cost to remediate any damages caused to City roads for costs in excess of these deposits.

Return of Security Deposits and Letters of Credit

Security Deposits and Letters of Credit will be returned only after the City has conducted a post construction inspection of the site and confirms there are no outstanding issues. The Owner is responsible to request the post construction inspection.

Letters of Credit

General

All Letters of Credit submitted under this application must be in favour of the City, issued by a Canadian chartered bank, and in a form acceptable to the City. The letter must specify the amount, allow payment to the City Treasurer without inquiry or recourse, and be valid for at least one year. If the application is incomplete by the expiration date, the letter must be extendable.

The letter must include a clause for automatic annual renewal unless the bank notifies the City at least 30 days before expiry that it will not renew. In that case, the City may demand the full remaining amount. The letter cannot be revoked without City Treasurer approval or transferred to another account.

Increases to Letters of Credit

If a Letter of Credit is submitted, the City may request an increase in its value if the current amount is insufficient to cover the application’s requirements. This decision is at the City's sole discretion. If the increased Letter of Credit is not provided within 20 days of the request, the applicant will be in default and cannot proceed with development. If the default lasts 30 days or more, the City may, with 15 days' notice, draw the total amount of the Letter of Credit.

Guarantee

The applicant acknowledges that the letter of credit guarantees completion of their obligations under the application. If the land is transferred before obligations are complete, the applicant acknowledges that it is its own and sole responsibility to make arrangements with the transferee of the land directly to have liability for the letter of credit guaranteed or assumed by the transferee. A substitute Letter of Credit from the transferee may not be accepted by the City.

Certificate of insurance (Only for Pre-servicing for Site Plans and Fill Operations)
Applicants must provide liability insurance for $2,000,000 per occurrence against all claims including personal injury, death, property damage, or environmental damage resulting directly or indirectly from site alteration or fill activities. The City shall be named as additional insured and the coverage is to remain in place until all requirements and conditions listed in all permits, agreements, and orders related to the site alteration on the subject site are completed to the Director’s satisfaction. A valid copy of the insurance certificate must be on file for the duration of the permit. Within 30 days of renewal permit holders must provide the City with an updated copy of the certificate.

 

Frequently asked questions
  • How much does it cost to apply for a Site Alteration Permit and how come my permit fee is not payable on the Application Portal when I submit my application?
    Site Alteration fees are listed in Appendix D of the City of Oshawa’s Fees and Charges By-law.
    There are no fees when you first apply for your permit. The fee depends on the scope of work, each of our categories (Minor Residential, Fill Operations, Residential Infill, etc.) have different fees. After your submittal, City staff will complete a preliminary review of your application to ensure completeness of the application and that the proper fees are associated with your application. You will then receive notice (through email and on Portal) indicating that we have reviewed your application, listing any outstanding submittal items and instructions to pay your application fee through the Portal website.
  • Do I need a Site Alteration Permit?
    A site alteration permit may be required if you plan to change your property elevation, through excavation, depositing fill, or altering the grade of the land. This ensures there are no negative impacts on you, your neighbours, or the environment. For questions about whether or not you need or about a Site Alteration Permit email sitealteration@oshawa.ca.
  • What types of work require a Site Alteration Permit?
    Common activities that require a permit include installing in-ground pools, erecting structures, changing the elevation near property lines, altering grades on your property, retaining walls, and handling large amounts of fill or topsoil. For questions about whether or not you need or about a Site Alteration Permit email sitealteration@oshawa.ca.
  • What is the purpose of a Site Alteration Permit?
    The permit ensures that any changes to the land do not negatively affect drainage, neighbouring properties, or the environment. It helps manage and mitigate potential impacts from site alterations
  • What is the application process for a Site Alteration Permit?
    The process generally involves pre-screening, completing an on-line application form, meeting submission requirements and paying fees. The review and approval process can take several weeks.
  • How long is a Site Alteration Permit valid?
    Typically, a site alteration permit is valid for one year from the date of approval. If the work is not completed within this period, the permit may lapse and become void. Extensions can be requested with proper justification and fees.
  • How do I apply for a Clearance Letter?
    There is no way for residents to apply directly for a Clearance Letter. Submit your application online for a Site Alteration - Minor Residential Permit, City staff will review the application and decide whether or not a Clearance Letter is appropriate or not.  Your application is free of charge. Clearance Letters are only issued for projects related to the Minor Residential category.
  • Who do I contact if my basement is leaking?
    You should contact a private contractor for assistance.
  • Who do I contact about water ponding in my backyard that is NOT related to any recent landscaping work by my neighbours or me?
    You should contact a private contractor for assistance.
  • My fence is rotting - who do I contact about water ponding along my fence line?
    You should contact a private contractor for assistance. Note: Lots are designed to drain along the property line. If a property owner installs a fence along the lot line, this can block lot drainage. Property owners are responsible for maintaining the drainage on their lot.
  • How do I report a burst water or sewer pipe?
    Contact the Region of Durham, Oshawa/Whitby Public Works Depot:
    • 905-655-3344 (Monday to Friday between 7:30 a.m. – 3:30 p.m.)
    • 905-576-9991 (after hours emergencies)
  • How do I report water ponding on the road, sidewalk or boulevard?
    Contact Service Oshawa to make a report. 
  • How can I find more information about flooding?
    View our Flooding page.
  • I am concerned about the effects of my neighbour’s downspout locations or discharge of pool water.
    Please contact Service Oshawa 
  • Do I need a Site Alteration Permit to Fill in my pool.
    A Site Alteration Permit is not required to fill in your pool provided the following conditions are met:
    • No work will be done within 0.6m of any property line
    • Existing drainage patterns are not being altered
    • The amount of fill being imported does not exceed 20m3

If you have questions regarding filling in your pool please contact sitealteration@oshawa.ca

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© 2022 City of Oshawa

Service Oshawa
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Oshawa, ON L1H 3Z7

Phone: 905-436-3311
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Email: service@oshawa.ca

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