One of the most common questions homeowners ask before starting a property project is whether they need a permit — and for good reason. Getting it wrong can mean stop-work orders, fines, and expensive remediation. The honest answer is: it depends on what you’re doing. Here’s a practical overview of how permits typically work for excavation and site work in Nanaimo and surrounding Mid Vancouver Island municipalities.

Work That Generally Does Not Require a Permit

In most BC municipalities, routine property maintenance and improvement work below certain thresholds doesn’t require a permit. This typically includes grading and landscaping on your own property that doesn’t significantly alter drainage patterns, driveway construction and repair, retaining walls under a certain height (commonly 1.2 metres or less), land clearing on private property away from sensitive areas, and drainage improvements like ditches and swales. That said, “typically” is doing a lot of work in that sentence — local bylaws vary, and what’s permit-free in one municipality may require approval in another.

Work That Almost Always Requires a Permit

Foundation excavation for any new structure — home, garage, outbuilding — requires a building permit before work begins. This is consistent across virtually all BC municipalities. The building permit covers the structure itself, and the excavation is part of that permitted scope of work.

Retaining walls over 1.2 metres in height typically require a building permit and may require engineering sign-off depending on the height, the load being retained, and proximity to property lines or structures. In some municipalities the threshold is lower, so it’s worth checking before you build.

Work near watercourses — creeks, streams, ditches that carry water seasonally, and their riparian setback areas — requires additional review and potentially approvals from both the municipality and the provincial government under the Water Sustainability Act. This applies even to work that seems minor, like redirecting drainage near a creek. Setback distances vary but are commonly 15 to 30 metres from a watercourse.

Significant grading that alters drainage patterns — particularly if it could affect neighbouring properties or direct runoff toward a watercourse — may require a Development Permit in some municipalities.

What to Do Before Starting

The most reliable approach is to contact your local municipality’s building or planning department before starting any significant site work. For Nanaimo residents, the City of Nanaimo’s building department can be reached through the city’s website or by phone. For surrounding areas — Parksville, Qualicum Beach, Ladysmith, Duncan — contact the relevant municipality or regional district directly. A quick call describing what you’re planning takes 10 minutes and gives you a definitive answer.

It’s also worth calling BC One Call (1-800-474-6886) before any digging to have underground utilities located. This is free, takes a few days to arrange, and is legally required before excavation in BC. Hitting a buried gas line or electrical conduit is dangerous and expensive — the locate service exists precisely to prevent it.

A Note on Agricultural Land Reserve (ALR)

Properties within BC’s Agricultural Land Reserve are subject to additional restrictions on what work can be done without approval from the Agricultural Land Commission. If your property is in the ALR, check with the ALC before undertaking any significant clearing, grading, or drainage work.