OMAFRA Land Use Planning:
Key Questions and Answers

Q1: What land use planning services does OMAFRA provide?

• The role of OMAFRA has shifted from site-specific proposals (such as severance applications and zoning by-law amendments) to municipal policy documents (such as Official Plans and Comprehensive Zoning By-laws) which guide the development of the entire community.
• OMAFRA advises on applicable agricultural land use policies and provides technical advise on planning issues to the Ministry of Municipal Affairs and Housing, municipalities and landowners.
• OMAFRA is involved in other land use matters such as environmental assessments, pit and quarry applications, municipal boundary adjustments and development proposals in such areas as the Niagara Escarpment.
• OMAFRA has Rural Planners in four offices: London, Fergus, Brighton and Kemptville. These planners are the front-line contact for OMAFRA's stakeholders and questions on any land use matter should be directed to them.

Q2: What is the "One Window" Service for Planning and how does OMAFRA fit into it?

• The Ministry of Municipal Affairs and Housing (MMAH) is now responsible for providing the provincial position on planning documents and proposals to municipalities. When MMAH needs technical advice on a particular issue, other Ministries will be asked to provide comments to MMAH. A single coordinated provincial response is provided by MMAH.
• OMAFRA will provide technical advice on agricultural policies, on application of the Minimum Distance Separation Formulae on the potential impacts on agricultural operations and practices.

Q3: What is Municipal Plan Review (MPR) and how does it affect the service OMAFRA provides?

• The Ministry of Municipal Affairs,as the "one window" provider of planning services, has further delegated this responsibility to some Regions, Counties and Separated Cities. Once the Municipal Plan Review has been passed to these jurisdictions, they review site specific applications on behalf of the Province to ensure that provincial policy was considered
• In these municipalities OMAFRA no longer has a day to day role in the review of site specific applications but maintains its involvement in major policy documents. This includes official plans, major policy amendments and comprehensive zoning by-laws.

Q4: Does the Agricultural Code of Practice (version 1976) still exist?

• The 1995 Guide to Agricultural Land Use and Minimum Distance Separation booklets (MDS 1 & MDS 11) are the successors to the 1976 Agricultural Code of Practice.

Q5: What is the "Guide to Agricultural Land Use"?

• The Guide to Agricultural Land Use introduces issues that sometime arise between agriculture and other land uses in the countryside. It advises farmers on how to avoid or reduce conflicts with neighbours and environmental impacts through the use of appropriate farm practices and equipment. For non-farm residents and farm residents not involved livestock agriculture, the Guide is an introduction to some of the complex decisions and current practices required in modern agriculture.

Q6: What does the Minimum Distance Separation formulae determine?

• The Minimum Distance Separation is a tool to determine a calculated distance between a livestock facility and another land use. The objective is to prevent land use conflicts and minimize nuisance complaints from odour.
• MDS 1 provides minimum distance separation from new development from existing livestock facilities while, MDS 11 provides the minimum distance separation for new or expanding livestock facilities.
• To assist municipalities with the incorporation of the MDS formulae within the Comprehensive Zoning By-Law, the ministry has prepared a Sample MDS By-law

Q7: Are lots for farm help permitted within prime agricultural areas that have been designated as Agriculture within a municipal planning documents?

• No. Farm help lots are no longer a permitted reason for lot creation within prime agricultural area.

Q8: Can a farmer attain a retirement lot from a parcel of Agricultural designated land if he/she commenced farming after January 1, 1994?

• No. The Provincial Policy Statement defines a "retirement lot" as one lot from a farm operation for a full time farmer of retirement age who is retiring from active working life, was farming on January 1, 1994 or an earlier date set out in an existing official plan, and has owned and operated the farm operation for substantial number of years.

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