Excavation By-Law Compliance

Overview

Under the City's Excavation By-Law (By-Law 86-239) the owner, agent or other person responsible for any excavation shall enclose the said excavation with a substantial fence immediately upon commencement of excavation activities.
  • Any unfenced excavation sites shall be filled in.
  • Excavation is defined as meaning the space created by the removal of soil, rock or fill for the purposes of construction.
  • Substantial fence is defined as meaning a solid wooden boarding, at least 1.5m high consisting of 12.5mm plywood supported on 89mm by 89mm posts embedded 1.2m into the ground at a maximum of 2.5m spacings with 38mm by 89mm top and bottom rails, or 11 gauge steel chain link fencing at least 1.5m high with a maximum of 50mm mesh size, supported on steel posts embedded 1.2m in the ground, at a maximum of 2.5m spacing with 9 gauge top and bottom wires, or such other fence as may be approved by the City Engineer

Process for submitting an Excavation By-Law Infraction

  1. Complete and submit our Excavation By-Law Compliance Form
  2. Once a form is submitted, an inspector will make a site visit to determine if it is a valid infraction.
  3. Once this has been established, a letter is sent advising the specifics of the infraction and what is required for compliance of the by-law, including how long the resident has to complete the modifications for compliance.

In addition, anyone who is in violation of the City's by-law and does not comply with a notice that is issued by the City by-law enforcement office may be subject to legal action.

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