When it comes to land use planning and development, people often think this only applies to urban settings where lot sizes are small, and residential or commercial development is dense, or at the lake. When a rural municipality undertakes the writing of a new official community plan and zoning bylaw, the Ministry of Agriculture demands that policies and regulations be included to protect agricultural lands, so what does this include?
Reviewing an RM’s OCP recently included the standard agricultural protection policies, such as the RM shall protect prime agricultural lands from incompatible development and the RM shall encourage economic stability by encouraging agricultural operations and economic diversification through the promotion of value-added agribusiness. The policies council adopts within their OCP is critical in guiding them through future decision making. If the municipal council has included these types of policies in their OCP, then they must have regulations within the zoning bylaw to implement the policies.
There are several ways that the protection of agricultural lands can be accommodated through an RM’s zoning bylaw. First, the RM can limit the number of non-farm residential acreages within each quarter section. The inclusion of the words “non-farm residential” is important, because it differentiates regulations between true farm residential, estate or succession farm planning subdivisions and non-farm residential acreages. The non-farm residential acreages can be limited by: density, in the case of two residential sites per quarter section; or by area, a maximum of 40 acres can be subdivided per quarter section for non-farm residential development; or by density and location with a maximum of two contiguous residential sites per quarter, which means the non-farm acreages must be located side-by-side. These types of regulations ensure the amount of agricultural land removed from cultivation or operation is minimized within each quarter section.
Another way agricultural lands can be retained for agricultural purposes is to limit the types of alternative uses allowed within the agriculture district. The encouraged uses within the district are only those that are compatible with agricultural operations, such as livestock operations, crop farming and mineral exploration and extraction. Any land uses that are not compatible with these types of development can be restricted. The theory behind this regulation is to ensure agricultural operations and agri-business take preference within the agriculture district, and don’t impede on the operation’s ability to grow, diversify or continue to operate. For example, if the RM has numerous livestock operations, the allowance of multiple residential parcels per quarter section may hinder those operations from expanding their businesses, and may inadvertently discourage value-added agribusiness.
Many zoning bylaws also include separation distances from non-compatible development, and it is important that this inclusion is given great thought before being adopted by council. Separation distances often revolve around residential acreages, and it may say that no intensive agricultural operations can be within a certain distance of this acreage. If this buffer around the acreage is large (upwards of 800 metres or more), it may actually prevent any existing operation from being able to expand because it is too close to an existing residence. Some bylaws include co-existence agreement clauses, which state that if all parties agree then the operation can expand or locate within a certain area, but this still heavily favours residential development over agricultural operations. It is important agricultural districts are protected for agricultural operations first, and acreages secondary, if this is what council wants.
Unfortunately, the protection of agricultural lands through the adoption of an OCP and zoning bylaw comes with a few negative effects, such as the requirement for permits for certain land uses. I recognize this statement makes most farmers and agricultural operators cringe when they consider the requirement to ask for the RM’s permission to do what they want on their land. However, if these planning documents are written correctly, and council has a high priority of preserving agricultural lands and operations, then the majority of land uses typical for agricultural operations should be listed as permitted uses, and likely will not require the submission of a permit.
— S. Yvonne Prusak, BASc, MA, MCIP, RPP, is a municipal planner with municipalities and communities in Northwest Saskatchewan. She specializes in land use planning and development.
