Powassan takes sledge hammer to crack an egg, as five-acre hobby farm designation takes effect

by Laurel Campbell

Feb 21, 2008

POWASSAN: Powassan council has finally handed down its verdict on how much land residents must have in order to keep livestock. At its February 19 meeting, council approved a zoning amendment by-law that requires a five-acre minimum sized lot for keeping a horse, sheep, goat, fowl or any other agricultural animals.

“I’m against this amendment,” said Councillor Nancy Barner. “To me, it just doesn’t go far enough and I’m very concerned about people in the rural area that won’t comply if their kids want a few bunnies. I think we could have addressed this by extending our permitted uses in rural areas (rather than set an acreage stipulation). I feel strongly that, while this is a good start, we need time to rework the amendment some more.”

Also speaking against the five-acre requirement was Councillor Peter McIsaac who said, “If the rural lots meet the requirements of the Nutrient Management Act and provincial standards, then I don’t think the municipality should be more restrictive.”

The issue of animal husbandry on rural residential lots first came to council’s attention in March of 2007, when a neighbour complained that young Paige Taylor’s 10 chickens, kept in her one-acre backyard as a Girl Guide project, contravened the municipality’s zoning by-laws, as implemented in the October 2003 Official Plan, restricting all agricultural activity to a property base of 25 acres or more. Paige and her parents, Bill and Tammy Taylor fought to keep the chickens, arguing that the small chicken coop that housed them, and the limited number of birds involved, complied with provincial standards in terms of both distance separation and animal nutrient units.

The family’s appeal to council also brought forward other concerns about the zoning by-law’s definition of agricultural practices which included restricting market gardening and fruit production in the long list of activities requiring 25 acres or more. At the time, council granted temporary relief to the chickens until the by-law could be amended, and authorized formation of a Property of Adjustment Committee to bring recommendations back to the table.

“What we have tried to do is make the by-law less restrictive,” said Councillor Roger Glabb, who chaired the new committee. “By creating a new hobby farm designation for lots of five acres or more, and by amending the by-law to delete vegetable and fruit production from the agricultural activities list, we have actually made it easier for those in the rural areas of the municipality to grow and sell vegetables and keep a few small livestock animals.”

The proposed by-law amendments originally stated that no produce, animal or vegetable, could be sold from the new five-acre hobby farms. The section was deleted after concerns voiced at a January 17 public meeting. However, the committee remained married to a five-acre requirement. Over 500 rural properties between one and five acres in size are impacted by the new amended by-law.

The new hobby farm designation extends from five acres to 25 acres, at which point property falls under the definition of a farm, thus having jurisdiction over about 160 rural properties in the municipality. A hobby farm is allowed to include a barn or animal shelter, but must not have more animals than defined by the provincial Nutrient Management Act as five nutrient units. Five nutrient units equates to: five horses; four Holstein cows; five beef cows; 30 pigs or 1,250 broiler chickens. “If I understand this amendment right,” said McIsaac, “if you own 24 acres, you’re still restricted in how many animals you can keep on that land to the same number allowed on only five acres. That doesn’t make sense.”

Anyone who had livestock on less than five acres as of October of 2003 when the newly amalgamated Municipality of Powassan Official Plan was adopted, is grandfathered and thus exempt from the new by-law amendments. Anyone on less than five acres who has acquired livestock since that date, however, will have to apply for a minor variance, at a cost of about $300, at which time municipal staff will make a decision on the future of the husbandry operations, based on provincial standards and comments from adjoining property owners. A minor variance will also be required for those having less than 25 acres who want to have more than the limited allotment of livestock, or wish to grow field crops; train or board horses or cattle; lease land for grazing; hatch, raise or market fowl or game birds; have a riding stable or engage in other practices generally considered agricultural in nature.

Barner requested a recorded vote on the amendments, which saw Councillors Beatty, Thompson, Glabb and Mayor Young vote in favour of the changes, and Councillors McIsaac and Barnes vote against. Councillor Gielser was absent for the meeting.