Several pieces of provincial legislation that direct the activities of the agricultural industry are completely missing from the analysis. They are fundamental to understanding the impact of any changes in land use within the study corridor.
They are:
* Nutrient Management Act, 2002
* Nutrient Management Strategy (NMS)
* Nutrient Management Plan (NMP), O. Reg. 267/03
* Nutrient Management Protocol, August 12,2005
Nutrient Management Act, 2002
The Nutrient Management Act provides for the management of nutrients to enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development. The "Nutrient Management Strategy" describes the generation, storage and destination of prescribed materials. As per Part 5 of the Nutrient Management Protocol, the required content of a NMS includes:
· farm unit information and identifier number;
· description of the operation;
· Farm Unit Declaration Form, detailing property information such as geographic location and stating if the property is a manure generator and/or receiver;
· Broker or Nutrient Transfer Agreements;
· Farm Unit sketch;
· list of the type of prescribed materials generated or received;
· analysis of nutrient content or nutrient values of those prescribed materials;
· destinations for nutrients generated;
· storage information, such as annual amount stored , number of days of storage available, and amount remaining, including storage sizing calculation;
· Contingency Plan;
· sign-off form; and
· where prescribed materials are to be land applied as part of the NMS, a demonstration of adequate land base to provide assurance that these materials can be managed within the amount of land available.
Nutrient Management Plan O. Reg. 267/03
A Nutrient Management Plan (NMP) describes the management of the nutrients that are received or applied on the land. As per Part 7 of the Nutrient Management Protocol, the required content of a NMP includes site-specific information on:
· nutrients, including types generated, used and received, if applicable;
· nutrient application rates, methods and timing, including fertilizer and prescribed materials;
· land base and Farm Units, including demonstration of adequate land base for land application;
· cropping practices, including crop rotations and yields; and
· field information, including field sketches, soil information, sensitive features and application setbacks from surface waters (as defined under O. Reg. 267/03, as amended).
A farm unit can be a number of separate parcels of farmland identified in a Nutrient Management Strategy or Plan and compliance means adequate access to the parcels that make up the farm unit.
All of the requirements fall under the Nutrient Management Act, 2002.
The act is administered and monitored by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA).
Nutrient management plans are basically written proof that all nutrients produced or brought onto the farm are stored and applied to the land in a safe manner, without any adverse effects on water quality, soil quality or any other environmental issues. This is usually done by paid, certified consultants.
Many factors are taken into consideration about how much land is required, including type and amount of nutrients produced as well as how and when they are applied. Hydrologic soil types and available soil nutrients will adjust amount of nutrients, which can be applied to each acre of land. Distances from sensitive features such as wells, watercourses, neighbors and roads are also factors, which could affect the amount of land required.
The physical separation of parcels of land that make up current farm units has a significant impact on operators meeting their obligations under the Act, and reduces the potential for future livestock development in the area.
Farms that currently have a nutrient management plan would need to be updated as all plans must be renewed and re-certified every 5 years after their last certification.
Farms, which have lost land due to construction, may not have enough land when re-certification is required to apply all of the nutrients to the land base which is currently available. At this point they would have to either buy more land to apply the nutrients to, or reduce their number of livestock they have in order to have the proper land base, which would reduce their income.
Farms which may need a nutrient management plan in the future would have to reduce the amount of livestock they would be allowed to have according to the remaining land base they have available for nutrient application. Or, increase their land base. This would permanently reduce the available income that the farm can produce in the future.
Land in this three township region is in such high demand; the area has some of the highest agricultural land prices in the province. Farmers who may be impacted by any loss of land will not be able to easily replace those acres. To dismiss this concern without understanding the implications to farmers on the possible loss of income associated with reduced acreages, is simply not responsible.
Minimum Distance Separation (MDS) Formulae 2006
The 2005 Provincial Policy Statement requires new land uses, such as the creation of lots and new or expanding livestock facilities, to comply with the Minimum Distance Separation (MDS) formulas. The MDS is used to determine a recommended separation distance between a livestock or permanent manure storage facility and another land use. The MDS is incorporated into municipal zoning by-laws and official plans.
The 2006 version of the MDS formulae came into effect on January 1, 2007. MDS is made up of two separate, but related formulae (MDS I and MDS II).
* MDS I - used to determine a minimum setback distance between proposed new development and existing livestock facilities or permanent manure storages, intended to protect farmers from non-farm land uses
* MDS II - farmers wanting to build a new barn, or expand a barn will have to meet MDS II before a building permit is issued. MDS II setbacks are also calculated from rear lot lines, side lot lines and road allowances.
The separation distances calculated by MDS vary depending on the type of livestock, size of the farm operation, type of manure system and the form of development present or proposed. Changes in lot lines may result in existing livestock structures being non-compliant and limiting future development. Of particular note, the MDS I Calculation Table requires a factor to be created using the maximum tillable hectares on the lot with the livestock facilities. Fewer hectares will change this calculation.
Municipal Drains affected would need to be reviewed when the highway is built. The province, via MTO will need to commission and cover the costs for new drainage reports to be done on all those Municipal Drains affected. Changes in Municipal drains have direct implications to private tile systems and landowners will need to be reimbursed for new costs associated with these changes.
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