Expanding or creating new livestock facilities: Navigating MDS setbacks
: What you need to know about the Provincial Policy Statement and its rules on your livestock operation.
The Provincial Policy Statement, 2024 governs land-use planning in Ontario and a central goal of this policy is to protect and promote agricultural land uses such as the raising of livestock in prime agricultural areas while mitigating conflicts with other land uses in the vicinity.
To further this goal, the Provincial Policy Statement mandates that new or expanding livestock facilities comply with the Minimum Distance Separation Formulae (“MDS”), established to reduce nuisance effects of livestock operations by prescribing separation distances between new development and existing livestock operations (MDS 1) as well as separation distances between new, enlarged or renovated livestock operations, and existing developments (MDS II).
Local official plans and zoning bylaws contain similar policies, guided by the overarching directive in the Provincial Policy Statement that livestock facilities shall not be erected or expanded except in accordance with the MDS Formulae.
So what are your options if you want to expand or build a new livestock facility but cannot accommodate the MDS Formulae?
There are many reasons why a proposed or expanding livestock operation might not be able to meet MDS setbacks.
Many livestock operations pre-date MDS Formulae but have existed in closer proximity to developments than would otherwise be permitted without significant concern. In some instances, there are more pressing environmental or public safety concerns influencing the siting of a livestock operation than addressing odour conflicts through the enforcement of MDS setbacks.
The MDS guidelines are a general rule, but not a hard rule. The Minimum Distance Separation (MDS) Document published by the Ontario Ministry of Agriculture, Food and Rural Affairs (“OMAFRA”) acknowledges that in some circumstances, and provided the intent of the MDS guideline is maintained, a reduction to MDS setbacks may be permitted by a minor variance to the local zoning bylaw that otherwise requires compliance with the MDS Formulae.
MDS setback reductions that attempt to reduce odour conflicts while also mitigating against other potential concerns such as environmental impacts, public health and safety concerns, or natural and human-made hazards, may be appropriate in some circumstances. In essence, the numerical setback requirements are not always conclusive. Rather, the potential impacts of the siting of the livestock facility within the agricultural area and the neighbouring community should be considered in light of the applicable policies of the local official plan and zoning bylaw, as well as the Provincial Policy Statement.
For advice relating to land use planning and the siting and/or expansion of your agricultural operation, Contact Lerners LLP at 519-245-1144. We have offices in London, Strathroy, Waterloo, and Toronto ― with more than 95 years of experience to serve you. We look forward to working with you.
Story by: Courtney Sinclair, Associate, Lerners, LLP
www.lerners.ca
