Site Alteration

In 2008, the Municipality enacted Site Alteration By-law 2008-114. The purpose of the by-law is to control the dumping of fill, removal of fill and alteration of grades on individual properties in Clarington.

The by-law states that no person may place or dump fill or topsoil, remove soil or alter the grade without a permit. In addition, no fill may be imported from outside of Clarington. Any person who violates the by-law may be subject to a fine and/or an "order to remove" as set out by the courts under the Provincial Offences Act.

The need for the by-law was identified for a number of reasons:

• Concern regarding the type and source of material that is being placed on receiving properties
• Concern regarding the impact of heavy truck traffic on Municipal roads
• Concern for the volume of fill placed on an individual property
• Concern for placing of fill on agricultural properties which is not part of the normal farming practice
• Concern for noise, dust, mud, erosion and sediment control
• Concern for alteration of existing drainage patterns which may adversely affect the watershed and/or adjacent properties

Anyone who intends to make any site alteration as defined in the by-law is encouraged to read the by-law and direct any questions to the Building Services Division.

New homes

Your lot will be graded to comply with the Municipal standards. If your lot contains a drainage swale (ditch), you must not fill it in or change it in any way as this affects the drainage of your lot as well as that of neighbouring properties.

At the time of your house purchase (if your home is new), you may pay a grading deposit to the builder to ensure that you do not adversely affect or alter the grading of your lot prior to assumption of the subdivision by the Municipality. Homeowners should check their Purchase and Sale Agreement to find out when the builder will return the deposit. The builder is legally responsible to refund the deposit to the new homeowner as per the agreement.

Building permits for decks and pool enclosures may not be issued until the developer's Professional Engineer certifies the lot grading.