Development Engineering Permit Guide

Site alterations

A permit is required when moving earth for a residential rebuild, pool, landscaping, additions, commercial development, site plan, condominium, and subdivision. This activity includes:

• the placing or dumping of fill
• the removal of topsoil and the alteration of the grade of land on all properties in Oakville

You may be exempt from a permit if your work falls into any of the by-law, schedule “B” exemption categories.

If site plan approval (commercial or industrial property) is being applied for or has been issued, earth moving and/or clearing and grubbing permits will not be issued. If a developer wish to start any works prior to site plan approval, under extenuating circumstances, a site alteration permit may be assessed on a site-by-site basis.

If a subdivision developer wishes to clear, grub and site alter, they may apply for a permit after draft plan approval, prior to pre-servicing or registration.

Additional information

• Erosion and Sediment Controls booklet (pdf)
• Site Alteration and Site Plan Exemptions and Restrictions

Pool enclosures

All pools require a secure pool enclosure as per the Pool Enclosure By-law. 

If you are planning to install a pool, you require a permit to construct the enclosure. An enclosure (fencing, wall, adjacent building or combination) must meet by-law standards.

The Pool Enclosure By-law defines a pool as any body of water, which is:

• located outdoors on private property
• entirely or partially contained by artificial means
• capable of holding water in excess of 0.61 metres (two feet) in depth at any point

Additional information

• Swimming Pool Enclosure booklet (pdf)

Private tree protection or removals

Any work being done on private property that may result in private trees being potentially impacted, damaged or removed requires a permit. 

If any removals are proposed along with earth moving or pools, please indicate so on the Engineering Permit Application.

For more information, please visit the Private Tree Protection page.

Lot grading certification and security releases

Where earth moving activities (like site alterations or pool installations, for example) take place on private property, a Lot Grading Certification is required to be submitted upon completion of the work. 

The certificate indicates that, a Professional Engineer, an Ontario Land Surveyor or a Landscape Architect, has been on site within the past 30 days of the dated certificate, reviewed the work carried out, and confirmed that it meets the design of the approved plan.

In order for the Transportation and Engineering Department to release the permit security, a Lot Grading Certificate and an approved Final Inspection are required. 

A final inspection can be requested by submitting the Lot Grading Certificate to service@oakville.ca. Your request will be forwarded to the Transportation and Engineering department to schedule for an inspection.

Grading and drainage on your property

As a property owner, you are responsible for maintaining your property’s grading and surface drainage. 

Visit the Property Drainage and Grading page for more information.

"Municipal right of way" means land owned by The Corporation of the Town of Oakville as:

• opened or unopened road allowances for the purposes of operating a public highway under the Municipal Act, 2001
• a public walkway
• municipal services (such as a public parking lot listed with the Parking Lot By-law)
• public utilities

The municipal right of way does not include town lands owned or operated as parkland, creeks and watercourse, and related public trail systems.

Town property is all lands that extend from your front property line to the front property line of the home on the other side of the street.

Excavation (road cuts)

This type of work is associated with constructing or replacing storm sewers, sanitary sewers and watermain, and the respective connections from these services to private property. Additionally, work carried out by utility companies (Bell, Cogeco, Hydro, etc.) to construct or replace their facilities and services.

Excavation of any boulevard, shoulder, ditch and sidewalk is also covered under this permit activity. A Municipal Tree Protection/Removal Permit would also be required.

Driveway work

If you are going to be doing work on your driveway within the town’s property, a Driveway Permit will be required. Please review the Driveway Permits Procedure. A Municipal Tree Protection/Removal Permit is also required.

Driveway work includes the following activities:

• Constructing a new driveway entrance onto a town roadway, with or without a culvert or requiring a curb cut/fill
• Altering an existing driveway (widening)
• Constructing driveway curbs or headwalls on the road allowance
• Constructing a second driveway to permit a circular driveway
• Repaving or changing the hard surface, without doing any of the above works does not require a permit.

Driveway work on private property is regulated by the town's Zoning By-law.

Temporary Street Occupation (TSO) – minor and major

If you would like to occupy the Town’s right of way (the road, sidewalk, boulevard, shoulder or ditch) for a short period of time, we call this activity temporary street occupation (TSO).

• A Minor TSO will allow you to temporarily store (bins, equipment, trailers, etc.) and temporarily place materials (landscape stone, sand, gravel, etc.) on the right of way. A Municipal Tree Protection/Removal Permit is also required.
• A Major TSO will allow for temporarily occupying municipal lands for cranes, fixed/mobile tracked equipment, hoarding and shoring. Lane and road closures will also require a Major TSO.

Municipal tree protection and/or removal

Any work being done on municipal right of way that may result in either municipal trees being potentially impacted, damaged or removed requires tree protection and a permit from Parks Forestry and an arborist report.

For more information, please visit the Private Tree Protection page.

Unauthorized private use of public roads and encroachments

The town's Use of Municipal Right of Ways and Municipal Parking Lots policy and related procedures, and the Use of Roads By-law, indicates that owners or tenants with a property that abuts public road allowances are prohibited from:

• Constructing parking lots, walls, fences, gate posts, light posts, signs, planter boxes and underground sprinkler systems
• Placing large rocks, berms and contoured landscaping
• Planting hedges, bushes and trees
• Filling in municipal road side ditches
• Installing heating elements within the apron portion (town portion) of a driveway

1. This permit is only valid for the works indicated in the Permit Details section of this document and does not constitute site plan, Municipal Consent and/or service connection approval.
2. All works carried out under this permit must be completed to the satisfaction of the Town of Oakville.
3. The applicant is responsible to have all locates conducted prior to the commencement of works, where there is any excavation.
4. When working, a copy of this permit and the utility locates (if applicable) must be on site. Failure to do so may result in work stoppage.
5. This permit is not valid until signed by both the town and the applicant, and a copy is received by the Town of Oakville.
6. The return of a copy of this permit or phone call/ email to this office is notification that the works have been completed.
7. Positive drainage shall be maintained at all times during the course of work.
8. Where required, all utilities are to be protected and supported to the satisfaction of the utility/ owner.
9. Road surfaces and sidewalks shall be kept clear of obstructions and/or debris to avoid hazard or inconvenience to the public at all times.
10. Mud tracking onto municipal right-of-ways must be mitigated with onsite siltation measures, cleaned regularly. A road cleaning program is also required to prevent any accumulation. Town staff may direct additional cleaning and if deemed a safety hazard stop works contributing to mud tracking.
11. All changes or deviations from the submitted and approved plans shall be subject to approval by the town.
12. During the course of the approved works, no roads shall be closed; unless a road closure permit has been issued.
13. Property owners and/or residents shall receive a minimum of 24 hours written notice prior to temporarily closing of an access to business or homes.
14. The applicant agrees and accepts full responsibility to supply and place all barricades, warning signs, delineators and flashing lights/signs necessary for the protection of the public and the safe operation of the works as per the Ontario Traffic Control manual (OTM) Book 7, Temporary Conditions latest revision. The applicant also agrees to clean and maintain all of the above devices on a regular basis.
15. All disturbed or affected areas are to be maintained and guaranteed for one year after completion and acceptance by the town, at the applicant’s expense.
16. The applicant accepts the Town’s right to perform any necessary remedial work caused by the applicant’s operation subject to the following conditions:
    • The Town will give the applicant twenty-four (24) hours notice of any remedial work required, except for emergency work.
    • If at the end of the time allotted, the applicant has not commenced or completed the remedial work as required, the town may undertake to have the work completed by whatever means deemed necessary.
    • The applicant shall reimburse the Town for all costs including 50 per cent town administration costs.

1. The applicant shall not cut, trim or interfere with any trees in the right-of-way without approval from the town.
2. Tree Protection Zone (TPZ) hoarding must be installed around all municipal trees and private boundary trees as per the Site Alteration By-Law and tree by-laws. TPZ’s are also recommended for all other trees on private property.
3. Trees located on private property that have been identified to remain (i.e. OMB decision, Council decision and/ or Development Arborist Report) must be hoarded. Tree removals on private property must be in accordance with the Private tree By-law.
4. All required tree hoarding must be installed prior to commencing work remain in place until all work is completed.
5. Utility access corridor(s) must be located outside TPZ’s. No trenching is allowed. Trenchless methods of construction are allowed provided there is Arborist supervision.
6. No trees shall be removed from the municipal right-of-way unless specific approval is given in advance of proposed removals.

For more information, please visit Tree Protection During Construction Procedure page.

1. All erosion and sediment controls are to be installed, as per the approved plans, prior to commencement of any work on site and remain in place for the full duration of the work.
2. Erosion and sediment controls are to be in proper working order at all times. They are to be maintained (including removal of silt) as required and inspected regularly (including after every storm event). On larger projects/ sites, weekly inspection reports and maintenance logs may be required, as determined by the Town in its sole discretion.
3. Where work areas require dewatering, the water shall be filtered/ treated to have a discharged with suspended particles no greater than 40 micron in size.
4. Existing storm sewers and watercourses adjacent to the work shall be protected at all times. All inlets (rear lot catch basins, road catch basins, pipe inlets, etc.) shall be secured / fitted with siltation control measures.

1. Existing drainage patterns are to remain, unless otherwise identified and detailed on the approved plan as part of the works.
2. The works shall not interfere with the existing drainage pattern of adjacent properties and/ or lot line drainage swales. Grading alteration within 0.3 metres of the property line is not permitted, unless specifically approved.
3. Finished grade adjacent to any existing building must be minimum 150 millimetres (six inches) below top of foundation wall and drain away from buildings at a grade of two per cent minimum (paved or hard surface one per cent) at all times.
4. Grade may not be changed to allow flow towards existing or proposed buildings, unless an approved temporary or permanent intercept is constructed.
5. Retaining walls, including footings, must be located wholly within the property they are designed for and shall be minimum of 0.3 metres from property line. Retaining walls exceeding 1.2 metres in exposed height require engineering details and plans stamped by a professional engineer. Top and bottom elevations are required along the wall.

Every swimming pool must be fully enclosed to comply with the by-law and be located a minimum of 1.24 metres (four feet) from a house.

All doors that form part of an enclosure shall be equipped with a bolt or chain latch at a minimum of 1.82 metres (six feet) above the inside floor level. All garage man doors leading to the pool areas and gates that form part of a pool enclosure shall be equipped with a self closing mechanism and a locking device 1.24 metres (four feet) above ground level. All framing and bracing, including horizontal structural members shall be located on the inside (pool side) of the enclosure. If a town owned fence is being utilized to enclose your pool structure. Should the fence require maintenance, the homeowner, and subsequent owners, must ensure that the town is immediately advised. Spaces from the underside of the pool enclosure to the ground shall not exceed 50 millimetres (two inches).

The pool constructor shall complete a Pool Enclosure Certification and submit to the town minimum 24 hours. before filling the pool with water. Failure to do so will result in immediate charges under the Pool Enclosure By-Law, 2006-071. A copy must also be given to the property owner.

All pool water (back wash, seasonal, etc.) to be drained to the street curb or ditch at the front of the property, via dedicated sump pump if required.