Salt Spring Soil Removal Bylaw No. 418

· Salt Spring Island · Adopted Bylaws · 2008

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Topics: Marine & foreshore · Aquaculture & shellfish · Fresh water & aquifers · Bylaw enforcement · Agriculture & the ALR · Transportation & ferries · Governance & budget — our classification, not the Trust's.

Extracted text (beginning)

1
 
SALT SPRING ISLAND LOCAL TRUST COMMITTEE 
BYLAW NO. 418 
 
A BYLAW TO CONTROL THE REMOVAL AND DEPOSIT OF SOIL WITHIN THE SALT SPRING 
ISLAND LOCAL TRUST AREA 
 
 
WHEREAS  the  Salt  Spring  Island  Local  Trust  Committee  is  the  Local  Trust  Committee  having  jurisdiction  on  
and in respect of the Salt Spring Island Local Trust Area, pursuant to the Islands Trust Act; 
 
AND WHEREAS Section 3 of the Islands Trust Act establishes that the object of the Islands Trust is to preserve 
and protect the Trust area and its unique amenities and environment for the benefit of the residents of the Trust 
area and of British Columbia generally; 
 
AND  WHEREAS    Section  29  of  the  Islands  Trust  Act    authorizes  each  Local  Trust  Committee  to  adopt  Soil  
Removal and Deposit bylaws under Section 723 of the Local Government Act and Section 9 of the Community 
Charter; 
 
AND WHEREAS Section 723 of the Local Government Act  authorizes a Local Trust Committee to regulate the 
removal of soil including sand, gravel and rock, and the deposit of soil on any land within the Local Trust Area, 
to make different regulations for different areas, and to require permits; 
 
AND WHEREAS the Salt Spring Island Local Trust Committee wishes to regulate both the removal and deposit 
of soil, rock and topsoil in the Salt Spring Island Local Trust Area; 
 
NOW  THEREFORE  the  Salt  Spring  Island  Local  Trust  Committee  enacts,  in  open  meeting  assembled,  as  
follows: 
 
Citation
 
 
1.    This  Bylaw  may  be  cited  as  “Salt  Spring  Island  Local  Trust  Area  Soil  Removal  and  Deposit  Regulation  
Bylaw, No 418, 2008. 
  
Repeal
 
 
2.    This  Bylaw  repeals  “Capital  Regional  District  Soil  Removal  Prohibition  By-law  No.  2,  1986”  and  “Capital  
Regional District Deposit of Soil Prohibition By-law No. 2, 1986”. 
 
Metric Dimensions
 
 
3.   This  Bylaw  uses  metric  dimensions.    Any  Imperial  equivalents  provided  in  brackets  are  approximate  
references provided for convenience only and do not form part of this Bylaw. 
 
 
1.0 Interpretation
 
 
In this Bylaw: 
 
“aquifer” means a water-bearing stratum of permeable rock, sand or gravel. 
 
“berm” means an embankment built of soil or rock for the purpose of providing a visual barrier and reducing 
the transmission of noise from a permit area. 
 
 “buffer zone” means a strip of land adjoining a permit area on the same lot and complying with the minimum 
width requirements in this Bylaw, which strip is either left in a natural state or bermed or landscaped in 
accordance with the terms of a permit to provide a visual and sound barrier between the permit area and 
adjacent and nearby lots, parks, trails, green spaces, roads and other uses. 
 

 
 
 
2
 “deposit” includes the act of moving soil, rock or top soil and placing it on any lot or land or in any waters 
within  the  Local  Trust  Area,  and  includes  creating  a  stockpile  or  other  storage  facility  or  othe

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