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Placing topsoil to rehabilitate an aggregate pit is a normal farm practice subject to reasonable municipal conditions.
The applicants sought relief from a municipal site alteration bylaw to place topsoil on a closed gravel pit to rehabilitate it for farming.
The Board determined that importing topsoil to return the lands to agricultural use constitutes a normal farm practice.
However, the Board concluded that the municipality's permit conditions—including restricted hours of operation, a deposit, and neighbor notification—were reasonable and did not restrict the normal farm practice.
The application for relief from the bylaw conditions was effectively dismissed.
No co-appearing lawyers found.
No judges found.