The applicant sought a determination under the Farming and Food Production Protection Act that his clear-cutting of five acres of woodland, which contravened a municipal woodland conservation by-law, constituted a normal farm practice.
The Normal Farm Practices Protection Board dismissed the application, finding that the applicant failed to prove the land had been returned to a pre-existing agricultural use.
Furthermore, the Board held that because the subject property was zoned Natural Environment (NE1 or NE2), agricultural uses were not permitted, precluding a finding that the clear-cutting was a normal farm practice.
