By Sheldon Spackman

Striving For Balance

Court of Queen’s Bench to rule on Ponoka County plan affecting large-scale livestock operators

Feb 27, 2020 | 9:48 AM

It’s now up to the courts to determine if a Ponoka County area structure plan is unfair to large-scale livestock operators.

On Feb. 20, a dispute between the county and the Ponoka Right to Farm Society was heard in Wetaskiwin Court of Queen’s Bench, with both sides now waiting on a ruling.

John Hulsman, board member and spokesperson for the Ponoka Right to Farm Society, says their issues began in the summer of 2018 when the county released its proposed North-West Ponoka Area Structure Plan (NWPASP).

“The initial plan they came up with in 2018 was no for new or expanding Confined Feeding Operations (CFOs), so if you were an existing operation in that area, you weren’t allowed to expand, nor were you able to go into that area and start a new one,” Hulsman explained.

According to the County’s NWPASP, which was adopted on Oct. 25, 2018, the purpose is to address the problem of conflicting land uses in parts of Ponoka County lying northwest of the town of Ponoka, where increasing the number of CFOs may be incompatible with other existing and future land uses.

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The NWPASP covers about 88,000 acres bounded by Highway 2 to the east, Highway 53 to the south, Highway 792 to the west, and Highway 611 to the north.

Despite some changes to the initial plan that sparked the society’s formation, Hulsman feels “CFO exclusion zones” outlined in the NWPASP will be harmful to livestock operations in the long run.

“To the best of my knowledge, there’s only four operations since 2002 that have started new in that area,” says Hulsman. “The bylaw is unnecessary because modern livestock operations are already regulated by the Natural Resources Conservation Board (NRCB), and Alberta Environment. So there are provincial rules already that deal with where new livestock operations can be built, and those laws make sure that operations are not too close to neighbours, communities and that the environment is protected.”

Hulsman says his society essentially wants to keep farms viable for the future.

“If the county can ban new livestock operations in that area, then they can do it anywhere in the future,” he exclaims. “In agriculture, we need to be able to grow our farms to stay competitive and for the next generation.”

Ponoka County CAO Charlie Cutforth says the aim of the NWPASP is to maintain a balanced land use that exists in the area.

“When the NRCB (National Resources Conservation Board) assumed responsibility and authority for regulating CFOs, I know that there was no appreciation for the concentration that potentially could happen with these operations,” he explains. “Ponoka County is a farm community and certainly we’re proud to be. These CFO operators run excellent operations and we just want them to spread out a little.”

Cutforth says it’s important to make clear that the county does not want to restrict any CFO from expanding its existing operations, or farming practice in any way.

“Part of the concern is that if municipalities become involved in regulating, as well as the NRCB, it puts unfair and undue pressure on the industry and I understand that concern,” says Cutforth. “It’s purely a matter of trying to address the other residents in the area’s concerns, and maintain the balance that currently exists. Ideally, what the County would like to see is that NRCB and the provincial government, through AOPA (Agricultural Operations Practices Act), should be dealt with by them.”

Cutforth ultimately hopes a balance can be established between setback requirements from existing closest residences, and the concentration of CFOs in any given area, including northwest of Ponoka.

“We have the luxury of a lot of good farm land in this province, and we don’t need to create that kind of concentration that potentially creates issues with other uses and other residents in the area,” he concludes. “These CFO operators are great people and excellent assets to the community, and we don’t want to see issues between neighbours. It just isn’t necessary.”

There is currently no indication as to when the Court of Queen’s Bench ruling can be expected.