MDS Implementation Guidelines
Background

| 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.

Anaerobic digesters are able to convert manure into methane, then into electricity for use on the farm or for sale to others.

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 |

 


For more information:
Toll Free: 1-877-424-1300
Local: (519) 826-4047
E-mail: ag.info.omafra@ontario.ca
Author: OMAFRA Staff
Creation Date: 01 October 2006
Last Reviewed: 01 October 2006