NFU wants appeals process added to Ontario's ag land planning formulae

Wednesday, July 1, 2015

by SUSAN MANN

Ontario’s farm groups are mainly applauding proposed provincial agriculture ministry changes to the land use planning formulae recommending the distance livestock barns or manure storage facilities should be separated from other land uses.

But one group, National Farmers Union-Ontario, has concerns about the Minimum Distance Separation formulae. The organization recommends the ministry establish a third-party appeal mechanism for farmers similar to the way drainage matters can be appealed to the Ontario Agriculture, Food and Rural Affairs Appeal Tribunal.

The Ontario Ministry of Agriculture, Food and Rural Affairs is reviewing the Minimum Distance Separation (MDS) formulae to ensure they reflect current land use planning principles and practices, the ministry’s proposal document says. The objective of the formulae (there are two) is to prevent land use conflicts and minimize nuisance odour complaints.

One formula recommends minimum distances between proposed new development and existing livestock facilities and/or permanent manure storages in areas where livestock keeping is permitted. The other recommends minimum distances between proposed enlarged or remodeled livestock facilities and/or permanent manure storages and existing approved development in permitted livestock keeping areas.

MDS doesn’t address other nuisances, such as noise, dust, light, smoke, vibration or flies. And the ministry isn’t proposing to add other nuisances into either formula’s calculations.

The review is also being done to ensure the formulae:

• Reflect current livestock industry technology and practices.
• Continue to meet the needs of the agricultural industry and rural Ontario.
• Is consistent with the updated Provincial Policy Statement released in 2014. The policy statement is the government’s policies on land use planning.

Ministry spokesperson Susin Micallef says by email the previous MDS review was in 2007 and it’s done every five years. The current review began in 2013 but was “paused to ensure the MDS was consistent with provincial land use planning policies.”

Ministry staff is currently reviewing stakeholder comments and submissions and its MDS review will be completed later this year, she says.

NFU-O regional council member Tony Straathof says currently there isn’t a mechanism to help farmers when there are problems with the MDS formulae “unless you go through the legal means.” For example, he has a beef barn on one of his Renfrew County-area properties where he had a cow-calf operation until 2009.

He wants to use the barn again but was told by area planning officials he can’t upgrade the facility. Since moving the cattle out, waterfront lots near the farm, which is located within 100 feet of the Ottawa River, were subdivided and cottages were built within the MDS area for the farm.

“I wasn’t contacted because the applications for severances stated there was a decommissioned facility,” he notes. “I could not even make the developers aware the existing facility can be reused if the markets change.”

Ontario Federation of Agriculture president Don McCabe says the government’s proposal to identify and treat anaerobic digesters as a separate section within the MDS formulae means rules governing digesters “should be removed from Nutrient Management Act regulations to ensure there’s not duplication of regulations.”

Christian Farmers Federation of Ontario president Lorne Small says the new category for anaerobic digesters under the MDS formulae “just makes good sense. They’re unique and they weren’t really thought of when MDS first started 30 years ago.”

Anaerobic digesters often contain other products besides animal waste, such as restaurant organic waste, and that means they smell differently than livestock manure, he explains.

Included in the province’s MDS proposals are minor changes to prevent special interest groups from using the MDS formulae to stop farming activities, he says, noting some groups were using the MDS for “purposes it was never intended to be used for.”

The intent of the MDS formulae is to “let farmers farm, realizing there are odour issues with agriculture,” he says. BF