Hi, we need to have an answer as soon as possible, we would like to build out to add more rooms to our house in E"Y so we can hope and be"h help us to grow our family, It is very small here now. building out involves removing part of the garden (digging it out with a tractor) Since this involves land, but does not involve planting I am wondering is this possible to do during shemitta? otherwise it will have to wait a year.

You may build during shimta year even if you have to some types of works that will involve working the gardens. If a farmer or gardener does the work he should make some kind of physical sign that he is doing the work for the purpose of building, so there should be no maarit ayin that he is doing it for agricultural purposes. (see he new book that just came out Katif Sheviet page 44 and fn 31.)