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Municipal by-law requiring 40% land ownership for manure management restricts normal farm practice.
The applicant poultry farm applied to the Normal Farm Practices Protection Board, alleging that a municipal by-law requiring intensive livestock operations to own at least 40% of the land used for their nutrient management plan restricted a normal farm practice.
The Board heard evidence from various experts and industry representatives regarding manure management practices.
The Board concluded that the use of contract land and nutrient management plans are normal farm practices.
The Board held that the 40% ownership requirement unduly restricted normal farm practice, and that long-term control of the land base, such as through multi-year leases or agreements, was the appropriate standard.
Use of a propane-fired cannon at night to protect crops deemed a normal farm practice.
The applicant campground owner complained about the respondents' use of a propane-fired cannon at night to frighten raccoons away from their sweet corn crop.
The applicant alleged the noise disturbed his campers.
The Normal Farm Practices Protection Board found that the applicant was directly affected by the noise.
However, relying on technical evidence regarding noise attenuation and the specific vulnerability of the crop, the Board concluded that the limited use of the cannon at night during the vulnerable period constituted a normal farm practice.
The application was dismissed.
No co-appearing lawyers found.
No judges found.