| Table
of Contents | Preface | Background
| Definitions | Implementation
Guidelines |
| MDS I Calculation
Form | MDS II Calculation Form
| Factor Tables | Appendix
& Additional Information |
Rural Ontario continues to evolve and
change. Farms are increasing in size and complexity. Fewer people living in rural
areas are farmers. In 2001, rural residents accounted for about 17 percent of
Ontario's total population of 11.5 million people. Farmers made up only one percent
of Ontario's total population, and only six percent of the rural population. Only
about 1 in 18 people living in rural Ontario actually farms. The number of farmers
continues to decrease.
Agriculture continues to evolve and change. Agriculture
in Ontario is diverse with a larger number of different crops and commodities.
Agriculture in Ontario contributes jobs and billions of dollars per year to the
provincial economy.
Increasingly, farm operators are finding it more and
more difficult to expand or establish new livestock operations, especially in
parts of the province, where historically there has been a great deal of fragmentation
of the agricultural land base, through lot creation. Successful livestock operations
are limited in the areas where they can affectively be located on suitable agricultural
land and away from potential land use conflicts with neighbouring non-farm development.
In recognition of the need to protect agricultural lands for agricultural land
uses, the province has adopted land use policies which protect agricultural land
and farm operations.
The Provincial Policy Statement, 2005 (PPS), is issued
under the Planning Act and provides policy direction on land use planning
matters of provincial interest. The PPS provides that the primary purpose and
use of prime agricultural areas is for agriculture.
Policy 2.3.1 of the
statement reads:
"Prime agricultural areas shall be protected
for long-term use for agriculture.
Prime agricultural
areas are areas where prime agricultural lands predominate. Specialty crop areas
shall be given the highest priority for protection, followed by Classes 1, 2 and
3 soils, in this order of priority."
The PPS sets out policies
for prime agricultural areas and rural areas, which ensure that these areas are
protected for agricultural uses in the long term. The Planning Act requires
that municipal council decisions on land use planning matters be consistent with
the Provincial Policy Statement. Municipalities are encouraged to adopt policies
in their official plans and zoning by-laws, that are more stringent than the PPS,
and that work towards controlling or limiting future development that would not
be compatible with agricultural uses and livestock operations. A principle of
land use planning is the grouping together of compatible land uses and the separating
of incompatible land uses. Unfortunately, in rural areas this principle of separating
different and incompatible land uses has not always been applied. As in many urban
areas where industry and residences are located side-by-side, conflicts about
the way business is carried out sometimes arise between farmers and their rural
neighbours. Even with the best management practices, noise and dust cannot be
eliminated from certain agricultural operations and odours are often associated
with livestock production.
The objective of Minimum Distance Separation
(MDS) Formulae is to minimize nuisance complaints due to odour and thereby reduce
potential land use conflicts. MDS does not account for other nuisance issues such
as noise and dust.
The separation distances calculated by MDS will vary
according to a number of variables including type of livestock, size of the farm
operation, type of manure system and the form of development present or proposed.
History shows, that where there has been sufficient separation distance between
differing rural uses, there have been few odour complaints. MDS applies in both
rural areas and in prime agricultural areas of municipalities, as directed in
policies 1.1.4.1(c) and 2.3.3.3 of the PPS:
"New land uses,
including the creation of lots, and new or expanding livestock facilities shall
comply with the minimum distance separation formulae."
A separate
document available from the Ontario Ministry of Agriculture, Food and Rural Affairs
(OMAFRA), Guide to Agricultural Land Use, (Publication 824) contains advice
on avoiding or reducing the potential for conflict between neighbouring land uses
through appropriate farm practices. It explains the role of agricultural land
use planning and advises on conflict avoidance and resolution. For rural non-farm
residents, the guide provides an overview of agricultural practices and how to
minimize their environmental impacts.
When a neighbour is bothered by what
they perceive as abnormal odours, noise or dust, he or she should first try resolving
the matter by speaking with the farmer believed to be creating the nuisance. If
the complaint is not resolved, neighbours or farmers can seek assistance from
a local Municipal Agricultural Advisory Committee, which has been established
to deal with nuisance issues, if one exists. If further mediation is still necessary,
neighbours or farmers can contact OMAFRA's Agricultural Information Contact Centre
at 1-877-424-1300. The Contact Centre will arrange for the appropriate OMAFRA
staff person to contact the parties and facilitate a conflict resolution process.
For those issues that cannot be resolved through mediation, the Normal Farm Practices
Protection Board, established under the Farming and Food Production Protection
Act, 1998, provides a forum for complaint resolution other than the
courts.
While MDS is an important and effective tool for dealing with nuisance
issues related to odour, it will not eliminate all potential for odour complaints,
nor will it address other nuisance issues such as noise, dust, light, smoke, vibration
or flies. The MDS formulae is only intended to deal with odour generated from
livestock facilities, such as barns and manure storages, and is not intended to
address nuisance issues related to odour from land application of manure. In addition
to the MDS formulae, municipalities are encouraged to develop policies in their
official plans and zoning by-laws to address Policy 2.3.5.2 and Policy 1.1.3.9
of the PPS, and provide for mitigation of impacts from new or expanding settlement
areas and non-agricultural uses on surrounding agricultural operations.
For
additional information about resolving nuisance complaints, see the Factsheet,
The Farming and Food Production Protection Act (FFPPA) and Nuisance Complaints,
Order No. 05-013 or the Citizen's Guide to the Farming and Food Production Protection
Act and the Normal Farm Practices Protection Board are available from OMAFRA's
Agricultural Information Contact Centre, 1-877-424-1300 or the ministry's website.

Figure
2. Anaerobic digesters are able to convert manure into methane, then into
electricity for use on the farm or for sale to others.
|
Table of Contents | Preface
| Background | Definitions
| Implementation Guidelines |
| MDS I Calculation Form | MDS
II Calculation Form | Factor Tables
| Appendix & Additional Information
|