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This article discusses the use of a factor-based approach to relax setbacks for Intensive Livestock Operations (ILOs), focusing on the approvals required at the provincial and municipal levels. It explores the factors that can guide decision-making and provides examples of factors to consider. The article also highlights the importance of considering land use compatibility and the ability to reduce required setbacks.
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Factor-Based Approach to Reducing SetbacksColleen Yates, RPP, MCIPSPPI CONFERENCE: Good Neighbours, Strong Communities Sept 16, 2019
Intensive Livestock Operation(ILO) • Definition • Based on space per animal unit • e.g. Confinement space per animal unit is less than 370 m² (4,000 ft²) • Animal Unit • way of comparing different ages and species of livestock. • Based on amount of nitrogen produced • e.g. One Animal Unit = • One cow, • 200 broiler chickens, • Six feeder pigs
Intensive Livestock Operation (ILO) Approvals • Provincial (Agricultural Operations Act) • Municipal (OCP and Zoning Bylaw) • Separate processes – cannot be harmonized • Requires approval from both levels of government
Intensive Livestock Operation (ILO) Approvals • Provincial • If liquid waste is to be stored in an earthen manure storage. • If the size of the operation is more than 300 animal units. • If the size of the operation is between 20 and 300 animal units and within 300 metres of a watercourse or 30 metres of a well not controlled by the operator. • Municipal • Generally 100 or more animal units • Generally excludes overwintering sites
Intensive Livestock Operation (ILO) Approvals • Provincial • Focus on environmental protection • Municipal • Focus on land use and minimizing land use conflict • must conform with Statements of Provincial Interest Regulations
The Statements of Provincial Interest (SPI) Regulations • Agriculture and Value‐Added Agribusiness • Biodiversity and Natural Ecosystems • First Nations and Métis Engagement • Heritage and Culture • Inter‐municipal Cooperation • Mineral Resource Exploration and Development • Public Safety • Public Works • Recreation and Tourism • Residential Development • Sand and Gravel • Shore Land and Water Bodies • Source Water Protection • Transportation
Agriculture and Value-Added Agribusiness SPI • …Planning documents (official community plan and zoning bylaw) and decisions (development permits) shall, insofar as is practical: • Recognize the value of agricultural land for sustainable growth in agricultural activities • Provide opportunities for growth, diversification and expansion ofagricultural and value‐added agribusiness development • Consider the compatibility of neighbouring land uses in the approval of agricultural activities and value‐added agribusiness
Municipal Approvals • Must be either permitted or discretionary in Agricultural land use areas/zoning districts • Permitted Use • Designate on future land use map • Have at least one AG zoning district where ILOs are permitted or utilize an overlay districts for ILOs • Create development standards • Option for conditional approvals • Discretionary Use • Have at least one AG zoning district or utilize an overlay district where ILOs are a discretionary use • Create development standards • Option for conditional approvals
Set Back Requirements • OCP should designate setbacks for ILOs from other land uses and vice versa • Specify where distances are measure from • Property boundary • Active area • Active area plus buffer • Set backs generally increase with the number of animal units and/or the number of other people affected • OCP can include the ability to reduce the required setbacks
Reasons for Relaxing Set Backs • React to market changes • Restaurant and Retail standards • Quota increases • Accommodate ILO expansion • Accommodate Country Residential development
Traditional Approach to Relaxing Set Backs • co-existence agreements as a condition of approval • Onus is on an applicant • Affected land owners essentially become the decision makers, not Council or the Development Officer
Factor-based Approach to Relaxing Set Backs • co-existence agreements cannot be used as they devolve Council’s decision-making responsibility to affected landowners • Factor-based approach guides Council’s decision making for consistancy and to provide rationale in the case of an appeal • Factors are not requirements for an approval but rather, are used to frame Council’s deliberation,
Factor examples • written comments from any landowners within the required separation distance; • proposed mitigation measures to minimize impacts; • landforms that may affect or be affected by the impacts from the Intensive Livestock Operation; • physical severances, including roadways, rail lines, or waterbodies within the separation distance; • watershed and drainage patterns, and how runoff from the Intensive Livestock Operations is to be managed;
Factor examples • the method of manure storage management and any mitigation proposed to minimize odours; • whether the livestock will be housed fully indoors, fully outdoors, or partially indoors and outdoors; • The land use designation and future land use of the lands within the separation distance; and • other factors that Council deems relevant.
