| Purpose of Training Manual | Acknowledgments & Disclaimer |

| Transitioning | Model MDS Comprehensive Zoning By-law |
| MDS - Using Minor Variances | Schematics for MDS Implementation |
| Blank MDS I & II Data Sheets | Barn Identification | Manure Storage Identification |
| Determining When a Barn is a Livestock Facility |
| Estimating Livestock Housing Capacity |
| Technical Support Materials for MDS Software |
| Additional Resources | Contact Us |

2.1 Introduction

The following has been prepared by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) to describe some of the transition issues related to the implementation of the 2006 version of the Minimum Distance Separation (MDS) formulae. This manual will help users of MDS understand some of the issues to be considered during the transition from the previous 1976 and 1995 versions of the MDS formulae, to the 2006 version of the formulae. The content in this section of the training manual describes how the application of the MDS formulae in municipal planning documents will need to be modified to correctly implement and apply the 2006 version of the MDS formulae. It is not intended to serve as a substitute for specialized legal or professional advice in connection with any particular matter.

Section 3(1) of the Planning Act provides that the Minister of Municipal Affairs and Housing may issue policy statements on matters of municipal planning that in the opinion of the minister are of provincial interest. The Provincial Policy Statement 2005 (PPS 2005) came into effect on March 1, 2005 and applies to all applications, matters or proceedings commenced on or after March 1, 2005. Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with policy statements issued under” the Act.

Policies 1.1.4.1c) and 2.3.3.3 of the PPS 2005 direct that “new land uses, including the creation of lots, and new or expanding livestock facilities, shall comply with the Minimum Distance Separation formulae”. On January 1, 2007, a revised version of the MDS formulae will come into effect. In order to be consistent with policy statements issued under the Planning Act, all planning applications, matters or proceeding commenced on or after January 1, 2007 for new land uses, including the creation of lots, and first or expanding livestock facilities, will need to comply with the revised version of the MDS formulae.

Municipalities updating an official plan, comprehensive zoning by-law or other land use planning document after January 1, 2007 should update their planning documents to reflect and include the 2006 version of the MDS formulae to ensure planning documents are consistent with the PPS 2005.

MDS I is applied to new land uses, and is implemented at the time of an application under the Planning Act, (i.e. official plan amendment, re-zoning application, subdivision or consent applications). All planning applications, matters or proceeding commenced on, or after January 1, 2007, will need to comply with the 2006 version of the MDS I to be consistent with the PPS 2005.

MDS II is applied to first or expanding livestock facilities at the time of building permit application and is implemented through a municipality’s comprehensive zoning by-law. Applications for building permits to construct first or expand existing livestock facilities will continue to meet the requirements of the local comprehensive zoning by-law after January 1, 2007. However, municipalities are strongly encouraged to update their comprehensive zoning by-laws to ensure the 2006 version of MDS II is used.

Detailed information related to MDS I and MDS II are outlined in the following sections.

2.2 Implementation/Application of MDS I

MDS I is applied when locating new non-agricultural land uses adjacent to existing livestock facilities and manure storages.

Official plans must contain policies to require compliance with the MDS formulae (both MDS I and MDS II). MDS I must also be specifically referenced and required within the comprehensive zoning by-law. Implementation Guideline # 7, within the MDS formulae states that municipalities have the option to apply MDS I or not to development by building permit on an existing lot of record. It is recommended that municipalities clearly document within their official plan and zoning by-law the process of managing applications of this nature in their municipality. Similarly, Implementation Guidelines # 8, 11 and 37, within the MDS formulae state that municipalities have options for: applying MDS I to surplus farm dwelling severances; applying MDS I when rebuilding after a catastrophe; and, applying MDS I within settlement areas. It is recommended that municipal planning documents clearly address these options as well.

The following describes the various situations under which MDS I is applicable:

 

A Land Use Change

Where a land use change is required, and triggers an application under the Planning Act, such as: an amendment to an official plan, an amendment to a comprehensive zoning by-law, an application to create a lot, or any combination of these applications; a municipality must ensure that the proposed land use change complies with the MDS formulae.

Decisions and advice that affect a planning matter are required to be consistent with the PPS 2005. The PPS 2005 directs that new land uses shall comply with the MDS formulae in various policies. References to MDS in the PPS 2005 are to be taken as references to the 2006 version of the MDS formulae for all applications received after January 1, 2007.

Any Planning Act application received after January 1, 2007, and any text or policy reference to the 1976 Agricultural Code of Practice Formula I or the 1995 MDS I formula, in existing official plans or comprehensive zoning by-laws are to be interpreted as the 2006 version of the MDS I formulae for all applications received after January 1, 2007.

 

Building Permits in compliance with 1976 Agricultural Code of Practice or 1995 MDS I Formula

Municipalities that include 1976 Agricultural Code of Practice Formula I or 1995 MDS I formula in their comprehensive zoning by-law, and apply MDS I to building permits for development on existing lots of record, will continue to issue building permits based on the actual criteria and formulae in their comprehensive zoning by-law. Municipalities are urged to update their comprehensive zoning by-laws to reflect the 2006 version of MDS. Municipalities that have provisions within their comprehensive zoning by-laws recognizing ‘revisions or updates to the MDS formulae’ may be able to automatically update the by-law to the 2006 version of the MDS I formula. It is recommended that a municipality seek it’s own legal advice when amending by-laws. Updating the comprehensive zoning by-law to include the 2006 version of the MDS I formula will allow municipalities to take advantage of the software being provided with the 2006 version of the MDS formulae.

 

Building Permits in compliance with a fixed distance

Municipalities that require a fixed distance from existing livestock facilities for development on existing lots of record will continue to issue building permits based on the fixed distance in their comprehensive zoning by-law. Municipalities are urged to update their comprehensive zoning by-laws to reflect the 2006 version of MDS. It is recommended that a municipality seek it’s own legal advice when amending by-laws. Updating the comprehensive zoning by-law to include the 2006 version of the MDS I formula will also allow municipalities to take advantage of the software provided with the 2006 version of the MDS formulae.

2.3 Implementation/Application of MDS II

MDS II is applied when locating first or expanding livestock facilities and manure storage facilities. The MDS II formulae should be clearly referenced in official plan policies. The comprehensive zoning by-law is the main tool used for implementing the MDS II formula. MDS II should be specifically referenced, required and applied within the comprehensive zoning by-law. The MDS formulae indicate that MDS II is to be applied before the issuance of a building permit. It is not normally triggered by an application for a land use change under the Planning Act. Implementation Guidelines # 11, 37 and 38, within the MDS formulae state that municipalities have options for: applying MDS II when rebuilding after a catastrophe; applying MDS II within settlement areas; and, applying MDS II from closed cemeteries, or cemeteries which receive low levels of visitation. It is recommended that municipalities clearly document within their official plan and zoning by-law, the process of managing and applying MDS II in these circumstances.

The following describes the various situations under which MDS II is applicable:

 

1995 MDS II formulae or 1976 Agricultural Code of Practice in the Comprehensive Zoning By-law

Municipalities will continue to issue building permits based on the actual criteria, standards and formula in the by-law (i.e. the 1995 version or the 1976 version), but are strongly encouraged to update their comprehensive zoning bylaw to reflect the 2006 version of the MDS II formula. Municipalities that have provisions within their comprehensive zoning by-laws recognizing ‘revisions or updates to the MDS formulae’ may be able to automatically update the by-law to the 2006 version of the MDS II formula. It is recommended that a municipality seek it’s own legal advice when amending by-laws. Updating their comprehensive zoning by-law to implement the 2006 version of the MDS II formula will allow municipalities to take advantage of the software provided with the 2006 version of the MDS formulae.

 

Fixed Distance in the Comprehensive Zoning By-law

Municipalities will continue to issue building permits based on the actual criteria, standards and formula in the by-law, (i.e. the fixed distance), but are strongly encouraged to update their comprehensive zoning bylaw to include the 2006 version of the MDS II formula. Where existing fixed distances in official plans or comprehensive zoning by-laws are greater than the required MDS II measurement, a minor variance may be granted, to vary the required fixed distance down to that of the 2006 MDS II formula. Municipalities that have provisions within their comprehensive zoning by-laws recognizing 'revisions or updates to the MDS formulae' may be able to automatically update the by-law to the 2006 version of the MDS II formula. It is recommended that a municipality seek it’s own legal advice when amending by-laws. Updating their comprehensive zoning by-law to include the 2006 version of the MDS II formula will allow municipalities to take advantage of the software provided with the 2006 version of the MDS formulae.

Note: Proposals to add new fixed distances to official plans and zoning by-laws where the proposed new fixed distance goes beyond the scope or intent of MDS are not consistent with the Provincial Policy Statement.

 

Policy or text reference in the Comprehensive Zoning By-law or Official Plan

Any policy or text reference to the 1976 Agricultural Code of Practice or the 1995 MDS II formula, in existing official plans should be interpreted as the revised 2006 MDS II formulae for all applications received after January 1, 2007. Decisions and advice that affect a planning matter are required to be consistent with the PPS 2005. The PPS 2005 directs that new land uses, including first or expanding livestock facilities, shall comply with the MDS formulae. References in the PPS 2005 to MDS should be taken as reference to the new 2006 version of the MDS formulae for all applications received after January 1, 2007.

 

No standards for siting livestock barns in the Comprehensive Zoning By-law

The MDS II formula cannot be implemented under this circumstance, as the only direction available to the building official comes from the comprehensive zoning by-law. Municipalities will continue to issue building permits based on the actual criteria, standards and formula in the by-law, (i.e. no required setback), but are strongly encouraged to update their comprehensive zoning by-law to include the 2006 version of the MDS II formula. It is recommended that a municipality seeks it’s own legal advice when amending by-laws. Updating their comprehensive zoning by-law to include the 2006 version of the MDS II formula will allow municipalities to take advantage of the software provided with the 2006 version of the MDS formulae.

2.4 Implementation of New MDS Software

The MDS software being released with the 2006 version of the MDS formulae can only be used with the new version of the MDS formulae, as it reflects changes made to the calculation process including: the factors used for calculating distances for both MDS I and MDS II, adjustments made to incorporate the change from livestock units to nutrient units for calculating MDS, and others. Municipalities that have not updated their comprehensive zoning by-laws will not be able to use the new MDS software for conducting MDS calculations prior to issuing building permits. In these circumstances, it will be necessary to rely on the 1995 DOS version of the software program. Municipalities will be able to use the new MDS software for conducting MDS calculations with respect to applications under the Planning Act, (i.e. official plan amendment, zoning by-law amendments, and applications to create new lots by plan of subdivision or consent).

Please Note:

| Purpose of Training Manual | Acknowledgments & Disclaimer |

| Transitioning | Model MDS Comprehensive Zoning By-law |
| MDS - Using Minor Variances | Schematics for MDS Implementation |
| Blank MDS I & II Data Sheets | Barn Identification | Manure Storage Identification |
| Determining When a Barn is a Livestock Facility |
| Estimating Livestock Housing Capacity |
| Technical Support Materials for MDS Software |
| Additional Resources | Contact Us |