The appellants had included several farmers and the Nova Scotia Mink Breeders Association who argued the increased setback – made by means of an amendment to a municipal land-use bylaw – was not in keeping with the intent of the municipal planning strategy.
But in a decision dated Aug. 12, the URB said Yarmouth municipal council had reasonably carried out the intent of the strategy.
The municipality amended its land-use bylaw last fall. The amendment increased the required minimum setback distance of buildings, structures, pen areas, manure piles, manure storage facilities and burial sites for the disposal of dead animals used in connection with mink and fox ranches, hog and fowl operations from 328 feet to 500 feet from any off-site waterwell or any watercourse or waterbody.
At the time of the amendment public concern and anxiety was high over blue-green algae that has been polluting lakes in the area. Many believe runoff from mink farms is a contributing factor. At the time the municipality had also received an application from R&N Farms Limited for a development permit to build a mink farm on Sloans Lake.
During a URB hearing, the board heard from three organic farmers who spoke to the difficulty of being included in the definition of a fox, mink, hog or fowl operation, given that they are not intensive livestock operations.
One of the appellants, farmer Kevin Hamilton, was concerned the increased setback requirement may result in fewer farms in the area. He said, for instance, there is a farm next door to him that he might be interested in purchasing, but the barn is within 500 feet of the well and therefore could not be used.
The appellants had also argued the setback had no foundation and was arbitrary.
The municipality had held a public hearing last September about the proposed amendment to its bylaw. The URB noted that of the 19 people who gave oral presentations, only two opposed. And of the 22 written submissions the municipality received, only one person opposed the bylaw.
The URB also noted that the evidence before it showed that during the public hearing the president of the Nova Scotia Mink Breeders Association said a 500-foot set-back was fine and that they would work with the community. The board notes in its decision that the association did not address this in its arguments or evidence presented to the URB.
In its decision the URB also noted that a 2009 Nine Lakes Report issued by the Department of Environment recommended municipalities do what they could to prevent nutrients from affecting the water quality of lakes and recommended that one of the methods of doing so was to create buffers.
(You can read the URB's decision by clicking on this link to visit the recent decisions section of the Nova Scotia Utility and Review Board website and searching for Decision - PL - Nova Scotia Mink Breeders Association and Kevin Hamilton, et al)
Board rules mink application can’t be based on old bylaw
The Nova Scotia Utility and Review Board says that although an application by R&N Farms Limited for a development permit for a mink farm was completed before the Municipality of Yarmouth amended a bylaw dealing with setbacks, the application can’t be based on the old bylaw.
In a July 28 decision, the URB says any application, whether complete or not, may not have a permit issued after the date that a municipality has advertised its intent to amend a bylaw.
According to the URB, R&N completed its application for a mink farm on Sept. 4, 2009. At that time the existing bylaw of the municipality stated that buildings, structures, pen areas, manure storage facilities and burial sites for dead animals must be set back a minimum of 328 feet from any off-site waterwell, watercourse of waterbody.
But on Sept. 8, 2009 the municipality advertised its intent to amend the bylaw to increase the setback to 500 feet.
“The board finds that any permit not issued by the date of the publication of the first notice of advertising is not entitled to receive a permit under the existing bylaw, it must be consistent with the proposed bylaw,” the URB decision reads.
(You can read this decision by clicking on this link to visit the recent decisions section of the Nova Scotia Utility and Review Board website and searching for Decision - PL - R&N Farms Limited.)
The Vanguard
