Dr. Laura Frost DVM

The applicants sought a determination that their proposed importation of approximately 1,500 loads of fill to level a 2-acre portion of their farm for horse training and pasture constituted a normal farm practice under the Farming and Food Production Protection Act, thereby exempting them from the municipality's site alteration by-law.

While the Board found the proposal was a necessary but ancillary part of their agricultural operation, it dismissed the application because the applicants failed to provide demonstrable plans, such as grading plans or expert reports, for the proposed site alteration.

Consequently, the Board could not determine whether the proposed fill project was a normal farm practice.