Agricultural Land Use Planning in Northern British Columbia
Case Study of Cariboo Regional District
FINAL REPORT
Dr. David J. Connell Associate Professor School of Environmental Planning University of Northern British Columbia Phone: (250) 960-5835 Email: [email protected]
Katie Eistetter MA Student Natural Resource and Environmental Studies University of Northern British Columbia
May, 2015
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Executive Summary
In this report we present the results of a study of agricultural land use planning for the Cariboo Regional District (CRD), a large geographic area located in the central interior of British Columbia. The CRD includes the three urban areas the City of Quesnel, City of Williams Lake, and 100 Mile House, many small towns, and reserve lands of several First Nations. The rural areas and the economy are based on forestry and agriculture. Agriculture is primarily ranching and forage with some opportunities for other forms of food production. To assess the region as a whole, we examined the breadth and quality of four local legislative frameworks that govern agricultural land use planning, including policies, legislation, and governance. To gain further insights, we examined the local legislative framework of 150 Mile House Area as a case study site. For the case study, we assessed the strength of the local framework for agricultural land use planning using four principles as criteria: maximise stability, integrate public priorities across jurisdictions, minimise uncertainty, and accommodate flexibility. The case study also involved an assessment of the political context within which agricultural land use planning takes place and decisions are made. This part of the assessment included documentation and analysis of three policy regimes: farmland preservation, global competitiveness, and food sovereignty. A policy regime refers to the combination of issues, ideas, interests, actors, and institutions that are involved in formulating policy and for governing once policies are devised. The aim of the study is to lend insight to the state of agricultural land use planning in the CRD. It also contributes to an understanding of the state of agricultural land use planning in northern BC. Finally, the study is part of a broader national project to identify principles and beneficial practices that represent land use planning solutions that protect farmland. We found that agricultural planning in the CRD as a whole is moderate, with policies in different geographic areas ranging from somewhat weak to strong in relation to farmland protection. The range of quality among plans and policies reflects different planning contexts across the region. The policies covering the fringe areas of Quesnel and Williams Lake focus on protecting the rural character of the areas in conjunction with managing the interface between rural and urban development. In this context, protecting farmland does not appear to be the primary aim but a means to other goals. The focus on protecting farmland is greater in the 150 Mile House and South Cariboo areas. Although the different policies help to accommodate local needs, the varying levels of interest in protecting farmland do contribute to uncertainty about the CRD’s commitment. For the case study, we examined the legislative framework for the 150 Mile House Area in greater detail. We found that the local legislative framework is somewhat strong overall with a high level of stability and integration of public priorities across jurisdictions. However, the legislative framework was not as effective regarding minimising uncertainty, which can undermine the stronger elements of the framework.
Principles of Land Use Planning, 150 Mile House Area Integrate Maximise across Minimise Accommodate Regional District stability jurisdictions uncertainty flexibility CRD: 150 Mile House Area **** **** *** *** * = Very weak; ***** = Very strong
ii
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
With regard for maximising the stability of the local legislative framework, we found this to be an area of strength for the 150 Mile House Area. A key element of stability is a clear statement of purpose regarding farmland protection among the primary goals and objectives within each enforceable document. Official Community Plans (OCPs), as enforceable legislation, are the foundation of stability for local frameworks. Typically, OCPs include vision or goal statements, agricultural objectives, and specific policies for agricultural lands. The OCP is supported by zoning bylaws, which provide regulations for designated agricultural land uses, thereby contributing to the stability of the framework. We found that the OCP for the 150 Mile House Area provides clear language and commitment to agricultural land use planning and protecting farmland. A comprehensive set of objectives and agricultural policies deal effectively with a range of land use issues. The CRD Agricultural Policy adds to the level of stability. Overall, the stability of the legislative framework for 150 Mile House Area is based on the prominent and consistent statement of interest to protect agricultural land in the plan area. Integrating policies and priorities across jurisdictions is a foundation for building cohesion across provincial, regional, and local governments. In order to successfully integrate policies across jurisdictions there must be sufficient details about the legislative context that guides and constrains local government plans and strategies. Overall, we found that the integration is a strong aspect of the local legislative framework. Although the 150 Mile House OCP is moderate to weak, the Agricultural Policy has a detailed review of relevant provincial policy. Together, the OCP and the Agricultural Policy effectively integrate provincial legislation within the local framework. The Agricultural Policy will be more effective after it is fully integrated into local legislative documents. The presence of uncertainty, typically introduced via ambiguous language, exceptions or gaps, is a critical measure of the weakness of an agricultural land use planning framework. Thus, in addition to maximising the stability of a legislative framework through enforceable policies, people want to know they can rely on these rules and regulations to be applied consistently under different circumstances. With regard for minimising uncertainty, the local legislative framework for the 150 Mile House Area is moderate. Creating an effective legislative framework is an act of balance, without being too stable so that it cannot be changed when needed or too strict so that it cannot be applied in a range of circumstances. Thus, flexibility is necessary in order to moderate the restrictive effects of maximising stability and minimising uncertainty. One means to accommodate flexibility is typically done through governance mechanisms. The primary local governance structure in the CRD is the Advisory Planning Commission (APC), which exist for each Electoral Area. Among other duties, the APC advises the CRD Board on matters related to land use. Although there is no specific reference to applications to the ALC, at least one member of each APC should have experience with the agricultural sector. In this capacity, the APC is able to accommodate flexibility within the decision-making process for agricultural land use planning. In addition to assessing the strength of the local legislative frameworks, we also assessed how issues, ideas, interests, and institutions associated with three policy regimes influence local agricultural land use planning processes and decisions. The two policy regimes of farmland preservation and global competitiveness have influenced agricultural land use policy and legislation for over forty years. Food sovereignty, and its associated concerns with food security and demand for local food, is a nascent policy regime that is influencing agricultural land use planning. To complete the assessment of the presence and importance of the policy regimes we
iii Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT examined the documents that comprise the legislative framework. We found that all three policy regimes are present. Farmland preservation is mostly strongly associated with the Agricultural Policy. The CCBAC agricultural strategy is the only document to refer to global competitiveness. Food security, in relation to supporting local food production as a means to deal with climate change, is a standard item in Official Community Plans (OCPs). Overall, except for the Agricultural Policy, the influence of the policy regimes does not appear to be strong.
Overall Influence of Policy Regimes, 150 Mile House Area Vision, Goals, Objectives, Driving Issues, Policy Regime Recommendations Concerns Regulations Action Items Global Competitiveness Farmland Preservation Food Sovereignty
Low Medium High
As the project unfolded, several issues emerged as common concerns across the study area. These were small-lot agriculture/fragmentation of farmland, alienation of farmland/foreign ownership, and pressure from natural resource developments. A tension between large minimum lot sizes and a desire for small lots is not evident in the regional legislative framework, although there are policies intended to prevent fragmentation by retaining large lots where possible. The Agricultural Policy, although not intended to support small lot agriculture, is designed to manage the interface between rural and urban areas. Although foreign ownership of land is not mentioned as an agricultural land use planning issue, the region has experienced corporations purchasing productive farmland and planting trees for carbon credit. This practice has the effect of removing productive agricultural lands and contributing to parcelisation. Although this practice is somewhat isolated presently, its expansion is likely as it appears to be an issue throughout northern BC. Some large lots of agricultural land have been alienated by building large estates on the property and then either not farming the land or farming only to meet the minimum levels needed for tax assessments and farm status. With regard to natural resource developments, the primary task is to better manage access to Crown lands and co-ordinate forestry and range uses. In summary, we found that the CRD recognises the importance of the agricultural sector for the region’s economy and for preserving the area’s rural character. However, the legislative framework to support farmland protection is weak in some geographic areas and good in others.
iv Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table of contents
Executive Summary ...... ii Abbreviations ...... vi About the project...... vii Principles for guiding agricultural land use planning ...... viii Maximise stability ...... ix Minimise uncertainty ...... ix Integrate across jurisdictions...... ix Accommodate flexibility ...... ix Strength of BC’s provincial legislative framework ...... x Political context and policy regimes ...... xii Global competitiveness...... xii Food sovereignty ...... xiii Farmland preservation ...... xiv Introduction ...... 1 Purpose and scope of study...... 1 Methods ...... 1 Overview of site ...... 2 Agricultural profile ...... 2 Results ...... 8 State of agricultural land use planning ...... 8 Applications to the ALC ...... 8 Legislative framework ...... 17 Content analysis of documents ...... 19 Current Issues...... 22 Small-lot agriculture/fragmentation of farmland ...... 22 Alienation of farm land/foreign ownership ...... 22 Natural resource developments ...... 23 Policy regimes ...... 23 Discussion ...... 30 Assessment of Principles ...... 30 Maximise stability ...... 30 Minimise uncertainty ...... 31 Integrate across jurisdictions...... 31 Accommodate flexibility ...... 31 Influence of policy regimes ...... 32 Conclusion ...... 33 References ...... 34 Appendix: Glossary ...... 35 Acknowledgements ...... 36 Appendix: Criteria for Evaluating Content of Legislative Framework ...... 37 Appendix: Criteria for determining level of influence of policy regimes ...... 39
v Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Abbreviations
AAC Agricultural Advisory Committee AIA Agriculture Impact Assessment APC Advisory Planning Commission ALC Agricultural Land Commission ALCA Agricultural Land Commission Act ALR Agricultural Land Reserve BCCA British Columbia Cattleman’s Association CCBAC Cariboo-Chilcotin Beetle Action Coalition CRD Cariboo Regional District DPA Development Permit Area LGA Local Government Act LRMP Land and Resource Management Plan NFU Non-farm Use OCP Official Community Plan SRMP Sustainable Resource Management Plan
vi Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
About the project
The provincial project is a one-year study to identify principles and beneficial practices that represent land use planning solutions that protect farmland in northern British Columbia. We have three objectives related to this purpose: 1. To undertake case studies to fill strategic gaps in our understanding of how agricultural land use planning policies and processes at a local level protect farmland while also integrating public priorities across jurisdictions. 2. To analyse three inter-related policy regimes within Canada’s agri-food system: the long-standing policy regimes of global competitiveness and farmland preservation; and the nascent regime of food sovereignty. The aim is to understand how these three policy regimes influence agricultural land use planning at local, provincial, and national levels of policy. A policy regime and its changes refer to the combination of issues, ideas, interests, actors and institutions that are involved. 3. To mobilise knowledge gained from the research by hosting workshops across northern British Columbia.
This project represents an extension of a national project to identify principles and beneficial practices that promote integrated land use planning solutions that protect farmland across Canada. The relation between agriculture, food, and social priorities is connected to the society we want and the place of food and farmers within it. Historically, the decline in the economic and social role of agriculture has accompanied a significant loss and degradation of the agricultural land base. This trend appears to be reversing. The growth of the local food movement, as evident by the increasing number of farmers markets and citizen-based initiatives like community gardens and local food councils, has been the forerunner of recent calls at the national level for a Canada- wide food policy. Although drastic policy changes are not likely to happen immediately at the national level, changes are already occurring at local and regional levels, with all of Canada’s major metropolitan regions having launched food plans and policy councils (Vancouver, Calgary, Toronto, Ottawa and Montreal). These changes suggest that the place of agriculture and food within Canadian society has shifted to be much more aligned with public priorities. Sorting out relations between agriculture, food, and society falls, in part, within the domain of land use planning because every act of producing and consuming food has impacts on the land base. Yet, in spite of forty years of farmland protection policies, the agricultural land base still faces growing pressures from urban development and the pursuit of other economic priorities, with few indications that this trend will be significantly curtailed. Will this trend be halted if Canada adopts a national food policy that gave citizens more influence over domestic food supplies? If Canada adopted such a policy, do governments have the ability to protect the agricultural land base in order to support these new public priorities? Unlike the urban centres of BC where the greatest pressures on farmland are from urban development, some pressure on agricultural lands in northern BC comes from the development of natural resources, such as forestry and oil and gas. The Site C dam is another source of pressure. Likewise, most of the studies to examine the effectiveness of farmland protection policies have focussed on the pressures from urban development. Recognising that the results of
vii
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT these studies are not fully transferable to northern BC, this project aims to assess the state of agricultural land use planning in this area of the province. We anticipate that the greatest potential benefit of the research is to make a positive contribution to the development of agricultural land use plans, planning processes, and policies in northern BC to protect farmland and promote farming as the highest and best use of these lands. Our assessment will be of benefit to land use decision makers, planning practitioners, to non-government organisations, industry groups, farmer organisations, farmers, and the general public.
For more information about the project, please visit the project website or contact Dr. David J. Connell, University of Northern British Columbia. Phone: (250) 960 5835 Email: [email protected]
Website: http://blogs.unbc.ca/agplanning/
Principles for guiding agricultural land use planning
An agricultural land use planning legislative framework provides the context and constraints for what local governments must and can do to protect its agricultural lands. An effective framework of policies, legislation, and governance structures presents an opportunity for local governments, which can then choose how much it wants to take advantage of this opportunity. Within this context it is helpful to be able to assess the quality of an agricultural land use planning framework and understand how well it works and why. For this purpose we have identified the following four principles, which are described below: - Maximise stability - Minimise uncertainty - Integrate across jurisdictions - Accommodate flexibility The concepts of stability and uncertainty must be understood with a view of the world as unpredictable and essentially unknowable. This contrasts with a rationale view of the world as something that we can understand fully – if only we had all of the right data and the ability to process the information. This worldview of an open future presents challenges because planning, by its very function, is focussed on making a desirable future a visible part of today’s land use decision-making processes (Connell, 2009). The aim of planning is not to predict the future or claim to be all-knowing but to envision a desirable future with the information available. The functions of planning are to maximise what we can know about the future and to minimise what we do not know, thereby establishing a domain of understanding within which to make the best possible land use decisions in the present. This leads to the first two principles of agricultural land use planning.
viii Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Maximise stability
Something that is stable is difficult to topple; it stands strong and cannot be easily moved. Likewise, a stable legislative framework for protecting farmland is one that is not easily changed at the whim of shifting political interests; it is well-entrenched in acts of legislation, policy, and governance structures that are based on clear, concise language, and can hold up to court challenge. It is something that people can count on to secure the land base for agriculture and to know what the rules are. In this sense, a measure of stability is a measure of the thing itself – the legislative framework – as it is written in its present form. Thus, stability is a critical measure of the strength of an agricultural land use planning framework.
Minimise uncertainty
In addition to maximising the stability of a legislative framework through clear rules and regulations we must also consider how the framework will be implemented and applied to land use decisions. People want to know they can rely on these rules and regulations to be applied consistently and to know how it will be applied under different circumstances. In this sense, people want not only a stable land base for agriculture but also a legislative framework that provides some certainty about how it will be used to make agricultural land use decisions. However, what we do not know is boundless so we must accept that we cannot eliminate uncertainty. What governments can do is to minimise uncertainty by eliminating loop-holes, ambiguous language, and open-ended conditions. Perhaps more importantly, uncertainty can be minimised through consistent interpretations and applications of the legislative framework. In this sense, a measure of uncertainty is a future-oriented measure of expectations about how the legislative framework will be applied to land use decisions. Thus, the presence of uncertainty is a critical measure of the weakness of an agricultural land use planning framework.
Integrate across jurisdictions
Integrating policies and priorities across jurisdictions is a foundation for building cohesion across provincial, regional, and local governments. This principle of integration can be viewed as a “policy thread” that weaves together traditional areas of responsibility (Smith, 1998). One can also think of integration as a formal “linkage” between policies that provides consistency among them. Such formal linkages can come in the form of a provincial policy that requires a lower- level policy “to be consistent with” provincial statements. The aim of such vertical mechanisms is to ensure that lower-level policies are set within the context of broader public priorities. The same principle of integration applies horizontally, too, so that plans and strategies are co- ordinated and consistent across local governments. In order to successfully integrate policies across jurisdictions there must be sufficient details about the legislative context that guides and constrains local government plans and strategies.
Accommodate flexibility
Creating an effective legislative framework is an act of balance without being too stable so that it cannot be changed when needed or too strict so that it cannot be applied in a range of
ix Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT circumstances. Thus, flexibility is necessary in order to moderate the restrictive effects of maximising stability and minimising uncertainty. The principle is to enable decision-makers to accommodate a controlled level of flexibility without compromising the primary functions of the legislative framework to provide stability and reduce uncertainty. The means to accommodate flexibility is typically done through governance mechanisms, such as quasi-judicial provincial commissions, advisory committees, and application processes.
Strength of BC’s provincial legislative framework
British Columbia’s legislative framework is very strong. The act of legislation to establish a land reserve of all farmland and a quasi-judicial tribunal provides the highest level of stability. As Barry Smith (1998) stated, "A stable ALR is the cornerstone of planning for agriculture; heightening certainty for persons engaged in farm businesses and support industries." Important elements within the legislation include a clear mandate for the ALC that is focussed specifically on protecting farmland. This primary focus has withstood the test of time over forty years in spite of changing governments. The additional legislation to protect farm practices extends this stability to areas of land use conflict. The strong language in the legislation that local government plans must be consistent with the ALC Act provides a necessary link in order to extend the provincial legislation into the domain of local land use planning and decisions. There are, however, several factors within the farmland protection framework that undermine stability and contribute to uncertainty. The most influential tool that has been used by provincial governments to introduce new elements to the legislative framework has been the Ministry of Agriculture’s annual service plan for the Agricultural Land Commission. Annual Service Plans have been used to introduce new factors (e.g., community need and regional responsiveness) that compromised the ALC mandate to protect farmland as a matter of provincial interest. As Gary Runka stated, “Somehow, during the mid-1990s, uncertainty of purpose and direction crept in to both the administration and the perception of BC’s agricultural land preservation program” (Runka 2006:5). At other times the service plans have also been used to re-inforce the legislated mandate. The use of regional panels within the ALC has been a source of uncertainty within the legislative framework. Until 2014 the use of the ALC panels, as per the ALC Act, was at the discretion of the ALC Chair. Over the years the level of influence of regional panels in ALC decisions has shifted. In the 2002 annual service plan, the concepts of “regional representation” and “community need” were formally inserted into the ALC practices. In the following years the influence of the regional panels was strengthened. And, as noted in the 2007 service plan, the number of applications to the ALC for land use changes “increased significantly.” Effectively, the greater level of influence of regional and local interests compromised the mandate of the ALC, thereby changing expectations and introducing a greater level of uncertainty about how the ALC Act would be applied. In 2010, the ALC Chair made changes to return to a more centralised decision-making process that re-focusses on protecting the agricultural land base as a mandate of provincial interest. However, in May, 2014, the ALC Act was amended through Bill 24, which was passed on May 29, 2014. These changes were preceded by statements by BC’s Premier in the summer of 2013 that the ALC Act would be reviewed and subject to change. There were three main changes to the ALC Act: - The ALR was divided into two zones
x Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
- The criteria for agricultural land use decisions in Zone 1 were not changed - The criteria for agricultural land use decisions in Zone 2 were changed and introduced additional factors that the ALC must consider when making decisions (e.g., social, economic, cultural, and heritage values) - The regional panels were now required, as opposed to being at the discretion of the ALC Chair - The level of direct political involvement was increased through the power to appoint members to the ALC (in some cases without consultation with the ALC) The most significant changes affect Zone 2 for which the mandate of the ALC to protect farmland has changed. This change has undermined the stability of the legislative framework and introduced uncertainty about how the new criteria will be applied has also increased. Another important weakness of BC’s agricultural land use planning concerns foreign or out-of-province ownership of land. Presently, BC has no restrictions on foreign ownership of agricultural land, regardless of whether it is in the ALR or not. Foreign ownership of agricultural land increases the possibility that farmland will be alienated. The provincial legislative framework in BC, like most farmland protection policies, is focussed on planning for agricultural land use in the face of urban development and private land. Correspondingly, both the legislation and the supporting materials are directed at integrating provincial policies and legislation with urban land use planning tools of local governments, such as Official Community Plans, implementing bylaws (e.g., zoning regulations), and Regional Growth Strategies. In contrast, planning for agriculture in the face of natural resource developments, usually but not exclusively on Crown land, is largely undeveloped. Regional Growth Strategies are valuable planning tools that can help address natural resource developments, urban development, and farmland protection; however the absence of legal strategic land use planning constrains the development of agricultural land use planning at the regional scale. Although the provincial legislative framework in BC is strong overall, there are two practices associated with how the framework is used that compromise this strength. First, the decision-making process has been driven by applications to change land uses. The ALC Act provides a mechanism for land owners, including governments, to apply to the ALC to exclude or include land in the ALR, to approve subdivisions, and to permit non-farm uses. As recognised in a review of the ALC in 2010, these applications have dominated the activities of the ALC with the direct consequence that the ALC had limited time and resources to dedicate to working with local governments to strengthen land use policies in order to protect farmland. Second, although there is no specific policy that treats each local government differently, the practice of working with local governments to develop land use plans is based on the principle of flexibility. That is, the ALC recognises that the geography of the province is very diverse and that local government plans can – and should (Smith, 1998) – be developed to accommodate this diversity. However, this practice of flexible planning leads to significant differences among local government plans with regard to the level of commitment to protecting farmland, with some plans being inconsistent with the mandate of the ALC Act to protect all farmland. Finally, the ALC recently expressed a strong interest to dedicate more resources to encourage farming and its viability. These complementary activities to protecting the land base were present when the land reserve was first established in 1973. However, the programs were
xi Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT eliminated soon thereafter. Such programs serve indirectly to protect the agricultural land base by increasing the demand for the land itself as productive farmland.
Political context and policy regimes
To understand how political contexts and multiple public priorities influence agricultural land use planning in Canada, and to what extent it has already had an impact, we will examine the interaction of three current policy regimes: global competitiveness, farmland preservation, and food sovereignty. A policy regime and its changes refer to the combination of issues, ideas, interests, actors and institutions that are involved. Actors of agricultural policy regimes include a wide range of interests represented by citizens, all levels of government, local organisations, professional organisations representing producers, farmers and ranchers themselves, unions, industry trade associations and environmental groups, among others. In Canada, the two policy regimes of global competitiveness and farmland preservation have influenced policies for several decades. The recent emergence of food sovereignty as a policy regime reflects growing public concerns about the security and safety of Canada’s domestic food supply, and may have significant implications for Canada’s global competitiveness and the conservation and use of agricultural land. In this section we described each of these three policy regimes. A description of the criteria we used to determine the level of influence of each policy regime is provided in the appendix.
Global competitiveness
A policy regime of global competitiveness has strengthened over the past forty years at both the national and provincial levels, usually in the context of pressures on industry viability in the face of freer trade. An interest in global competitiveness often requires policies and strategies to successfully integrate into the global economy. A recent report on competitiveness by the House of Commons Standing Committee on Agriculture and Agri-Food focussed on access to new markets, barriers to trade, food safety and product labelling, and market concentration within sectors. Input to this report was provided by national and regional commodity trade associations, meat and other food processors, transportation associations, and policy institutes, among others. Scholars in this field, such as Grace Skogstad, have noted that, although the membership of the agri-food policy community in Canada is strong individually, the community is nationally fragmented and organisationally divided, as national policies do not always serve all members or geographic regions equally. For example, export-oriented policies may promote the export of raw food products at the risk of higher prices for domestic food processors. Such policies also have regional differences, where policies may benefit one region (food processing in central Canada) to the disadvantage of food producers in another region (food producers in the prairies). Notwithstanding these internal challenges, the competitiveness policy regime continues to strengthen, as evident in the Growing Forward 2 (GF2) policy framework announced on September 14, 2012.
Key ideas from GF2: - Competitiveness and Market Growth: The sector needs to continually increase productivity, to reduce costs and to respond to consumer demands, such as for high-
xii Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
value products with specific attributes. Competitiveness also means increasing our share of domestic and international markets. - The key drivers are: o Innovation: The sector adopts and implements new technologies and innovations, creating and using knowledge to develop new products, technologies and business management practices that drive down costs, increase productivity and respond to consumer demands. o Institutional and Physical Infrastructure: Effective rules, regulations, standards, organizations, and physical infrastructure allow firms to operate and markets to function efficiently for a profitable sector and the well-being of Canadians. - Competing on cost: One factor in assessing the competitiveness of Canadian agriculture and agri-food sector is how cost-efficient Canadian agricultural producers, manufacturers and exporters are in relation to competitor suppliers. This is influenced by a number of factors, including natural resource availability and use, input prices, labour availability and cost, and scale of operation. - Innovation is critical for improved cost competitiveness. Innovation can lead to improved productivity and reduced costs. However, despite significant agricultural research, the sector could be more effective in applying knowledge and innovating along the supply chain. - Focus on the role of innovation for productivity growth and the ongoing efforts to access emerging growth markets. - Continual innovation and adaptation has contributed to increased yields and the creation of new products and production methods - Increased trade, globalization of supply chains, and more exacting consumer demands have increased the importance of rules, regulations, and other market infrastructure - Additional industry capacity and infrastructure investments, such as information and communication technologies, will be required to enable producers, processors, buyers, and government agencies to adjust effectively to new food safety regulations and buyer assurance standards. - Bilateral and multilateral trade agreements and trade promotion efforts are essential.
Food sovereignty
For our purposes, food sovereignty is a broad term that focusses on the right of citizens to have greater control over its food supply. The term encompasses food security and food safety. Food security is concerned about the availability, accessibility, and affordability of food. While the control of food supplies were among the earliest drivers of nation-building and human settlements, food sovereignty, as defined by the International Planning Committee for Food Sovereignty, is about the right of peoples to define, protect and regulate domestic agricultural production and land policies that promote safe, healthy and ecologically sustainable food production that is culturally appropriate. Within Canada, the growth of the local food movement, as evident by the increasing number of farmers markets and citizen-based initiatives like community gardens and local food councils, has been the forerunner of recent calls for citizens having greater control over national agri-food policies. The National Farmers Union, Canadian Federation of Agriculture, and Food Secure Canada are some of the national actors
xiii Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT calling for changes. Adopting agri-food policies that promote greater food sovereignty could easily reach into people’s daily lives, with economic, social and environmental implications, both positive and negative. Such policy will be regarded quite differently depending on a person’s values and priorities, and where agriculture fits among them.
Farmland preservation
Different terms are used in this policy regime including farmland conservation, farmland preservation, and farmland protection. For our project we will use farmland protection and farmland preservation in two specific ways:
Farmland protection: a narrower term that we will use to refer specifically to land use planning policies that aim to protect farmland so that it is available for farm uses; we will use farmland protection in relation to the contents of a legislative framework. Farmland preservation: is a broader term that concerns all aspects of policies related to farmland including policies that not only protect farmland but are also concerned with soil and landscape conservation, etc.; can be synonymously with farmland conservation; we will refer to all that is related to farmland preservation as a policy regime.
As a policy regime, preserving farmland first garnered serious public attention in Canada in the early 1970s with most provincial and local jurisdictions having some form of legislation or guidelines in place by the end of the 1970s. The historical development of farmland policies in Canada were accompanied by a wide range of economic, environmental, and social issues that were associated with and re-inforced tensions among different land uses, such as residential, commercial, industrial, and natural resource development. Correspondingly, motivations for preserving farmland are influenced by factors such as food production, market value for land, environmental issues, amenity of rural landscapes, agrarian ideals and land use conflicts on the urban fringe. In spite of efforts over the past forty years, Canada has experienced a continual loss of prime farmland across the country. The issue is especially acute in Ontario, which contains the country’s largest supply of prime agricultural lands, but concerns for the preservation of farmland exist across the country, albeit to varying degrees. But is also acute in other jurisdictions due to a much more limited and declining agricultural land base, such as in British Columbia and Quebec. Concern about the loss and fragmentation (parcelisation) of farmland continues to be an issue in the face of continued urban sprawl and alienation of farmland (i.e., farmland that is not being farmed or no longer suitable for farming). These issues often lead to further problems, such as conflicts or tension with residential, recreational, infrastructure, and industrial land uses. Loss of farmland is often associated with concerns about the supply of local food and, increasingly, it is concerned with “land grabbing” through foreign or out-of-province ownership of land.
xiv Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Introduction
Purpose and scope of study
In this report we present the results of a study of agricultural land use planning in the Cariboo Regional District (CRD), a large geographic area located in central interior British Columbia. This case study contributes to three areas of knowledge. In the broadest sense, the study is part of a national project to identify principles and beneficial practices that represent land use planning solutions that protect farmland. For our purposes, completing the study helped us to assess the usefulness of these principles as an effective tool to understand and formulate agricultural land use planning policies. The study also contributes to a more specific understanding of the state of agricultural land use planning in northern British Columbia (BC). Finally, the study lends insight to the state of agricultural land use planning in the CRD and to gain a better understanding of how the local agricultural land use policies are integrated with the public priorities of each study site. To assess the region as a whole, we examined the breadth and quality of four local legislative frameworks that govern agricultural land use planning, including policies, legislation, and governance. To gain further insights, we examined the local legislative framework of 150 Mile House Area as a case study site. For the case study, we assessed the strength of the local framework for agricultural land use planning using four principles as criteria: maximise stability, integrate public priorities across jurisdictions, minimise uncertainty, and accommodate flexibility. The case study also involved an assessment of the political context within which agricultural land use planning takes place and decisions are made. This part of the assessment included documentation and analysis of three policy regimes: farmland preservation, global competitiveness, and food sovereignty (see the appendix for a description of each policy regime).
Methods
Legislative framework:
The methods used to complete the preliminary assessment involved several activities:
Document agricultural land use planning legislative framework: The legislative framework consists of policies, legislation (and by-laws), and governance structures related to agricultural land use planning at local, regional (or upper-tier), and provincial levels of government. The policies and legislation were identified as enforceable, aspirational, or enabling. Refer to the appended glossary for definitions of these and other terms.
Content analysis of legislative framework documents: After identifying the relevant documents the next step was to analyse the level of detail of each document’s contents. The aim of the content analysis is to assess the breadth and quality of the legislative framework.
1
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Political context:
Policy regimes We analysed the contents of documents with regard for the presence and importance of policy regimes. The documents included those identified in the legislative framework. The aim is to assess the extent to which agricultural land use planning accommodates the three policy regimes, influences land use decisions, and encompasses a comprehensive view of food systems planning, activities, and issues.
Overview of site
The Cariboo Regional District (CRD) is located in central interior British Columbia (BC) (Figure 1). The Regional District has a population of 62,392 with a jurisdictional area of 80,609 km2. The CRD is comprised of the four municipalities of the City of Quesnel, City of Williams Lake, District of 100 Mile House, and District of Wells; and the rural settlements of Lac La Hache, Horsefly, Likely, Dog Creek, and others. The region is located on the Fraser Plateau and is divided by the Fraser River, separating the Cariboo and the Chilcotin regions. The CRD’s economy is based on development of natural resources, including logging, wood and paper manufacturing, mining, agriculture, and tourism industries. Agriculture is primarily ranching, and forage. The forestry sector has experienced a significant decline in recent years and faces significant challenges related to the expected reductions in the timber supply caused by the mountain pine beetle infestation, which devastated much of the region’s lodgepole pine forests. We reviewed all of the legislative documents (e.g., Official Community Plans (OCPs) and zoning bylaws) for the Regional District. For the content analysis, we focussed on one sub-area to help illustrate the state of agricultural land use planning. For this purpose we selected the 150 Mile House Area, which is part of Electoral Area F. Figure 2 shows the study site in relation to the electoral area and Figure 3 presents a land use map of 150 Mile House Area. We chose this site because it represents an area within the CRD that has the strongest statements related to farmland protection. It is also the area with a highest number of ALC applications.
Agricultural profile
Agriculture in the region is characterized by a large beef cattle industry and supporting forage production with some opportunities for other food production. In terms of agricultural capability, “Most of the region is highly suited to forage and browse production and can sustainably support a variety of livestock production. Smaller, but significant areas enjoy a favourable microclimate and soils that are capable of growing a greater diversity of horticultural and field crops” (CCBAC, 2007, p. 48), indicating an overall lower agricultural capability for the region. The sector is highly dependent on access to Crown lands and water. The area, which is with the Interior Panel of the ALC, encompasses a moderate amount of Agricultural Land Reserve (ALR) (Figure 4). In 2014, the CRD had 936,207 ha of ALR land.
2 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Figure 1. Cariboo Regional District Electoral Areas and Municipalities.
Source: Cariboo Regional District (http://www.cariboord.bc.ca/government/electoral-areas/electoral-areas-2)
3
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Figure 2. 150 Mile House Area in relation to Electoral Area F
Source: CRD (2012)
4
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Figure 3. 150 Mile House Area showing ALR lands and potential development areas
Source: CRD (2012)
5 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
According to the 2011 Census of Agriculture, of the 1,705 farm operators, 565 are the sole operator of the farm, and 1,140 work on farms with two or more operators. As seen in Table 1, more than half of farm operators are over 55 years of age, and just over 4% of farm operators are under 35 years of age. The average age of farm operators in the CRD is 56.8 years; on farms with one operator the average age is higher at 59.1 years, while on farms with two or more operators the age is slightly lower at 55.6 years. These demographics reflect a general issue of an ageing population of farmers in Canada.
Table 1. Farm operators in the Cariboo Regional District Number of Reported Percentage of Reported Age of Farm Operator Operators Operators Under 35 years 70 4.1% 35-54 years 630 36.8% 55 years and over 1,010 59.1% Source: Statistics Canada, 2011 Census of Agriculture, Farm and Farm Operator Data.
A comprehensive economic development strategy was completed for the Cariboo- Chilcotin region (CCBAC, 2007). The overall aim was to help the regional economy diversify as a response to the negative impacts of the mountain pine beetle infestation. Strategic plans were developed for several key industry sectors, including agriculture. For the agricultural sector strategy, many of the recommendations and results remain relevant today. Some of the strengths identified for the sector in the region include land and natural resources, knowledge and experience, and a favourable reputation. Some of the weaknesses identified included a lack of diversification, a lack of processing infrastructure, a lack of economy of scale in most operations, and distance to major markets. Some significant threats include market pressures from trade issues, retail supply chain consolidation, and increasing costs of production, as well as regulatory changes, access to resources (investment capital, Crown land, forage and water), and a lack of new industry entrants. As an outcome of the analyses, the strategy for the agricultural sector focussed on five growth and development opportunities: 1. Local markets (farmers’ markets, regional food retailers and hotel, restaurant and institutional wholesalers) 2. Finishing and processing opportunities 3. Production opportunities 4. Agritourism 5. Agricultural education, research and development.
6 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Figure 4. ALC Interior Panel Map
Source: Agricultural Land Commission http://www.alc.gov.bc.ca/Commission/Panels/maps/Interior.htm 7
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Results
In this section, we present the results for the study of the CRD. We begin with our assessment of the state of agricultural land use planning. Brief reviews of agricultural land use planning in the Quesnel Fringe Area, Williams Lake Fringe Area, and South Cariboo Area are presented before we focus on details of the local legislative framework for the 150 Mile House Area. We then present the results of the content analyses of the 150 Mile House Area policies and legislation followed by the results of our assessment of the influence of the three policy regimes (farmland preservation, food sovereignty, and global competitiveness).
State of agricultural land use planning
In 2003, the CRD completed a review of its agricultural and forestry policies (Cariboo Geographic Systems, 2003). These factors appear to be relevant today. The review was completed because the CRD recognised a number of significant pressures on the land base, including a growth in population, changes to the forest industry, and a demand for non-farm use of agricultural land. The purpose was to present a set of policy recommendations that would protect agricultural and forestry resources, as well as lifestyle, in order to provide stability and economic growth. Some specific agricultural concerns included criteria for assessing ALC applications, block exclusions and inclusions of ALR land, and buffers between agricultural uses and residential subdivisions. The analysis revealed that urban encroachment into the agricultural land base and increased pressures on the range were on-going concerns. It also identified that some ALR lands adjacent to settlement areas and along highway corridors were hindering growth. The set of recommendations included edge planning, buffer zones, awareness covenants, avoiding scattered developments in agricultural areas, and avoiding lots under 32 ha in agricultural areas. The policy review in 2003 led to a draft Agricultural Policy completed in 2011 and adopted in principle by the CRD Board in 2014. The Agricultural Policy was developed “to promote compatibility between agricultural and non-agricultural land uses the policies while complementing the existing agricultural policies in Official Community Plans” (CRD, 2014, p. 3). The scope of the adopted policy was narrower than the previous policy review, with a focus on edge planning tools to protect the interface between agriculture and residential developments.
Applications to the ALC
Table 2 shows the amount of land included and excluded from the ALR between 2010 and 2014, with a net addition of 301.9 ha to the ALR land base. Table 3 shows the number of ALC applications by year between 2006 and 2013. There were 187 ALC applications in total during this period, with applications peaking in 2008 and decreasing to 2013. These applications are shown by type in Table 4, with 60% (114 of 187) of applications for subdivision. Table 5 shows a further breakdown of the applications by sub-type; residential subdivision, either through subdivision or exclusion applications, accounts for 101 of the 187 applications, or 54%, as well as ALC decisions (Table 6). Finally, Table 7 shows applications by whether they were refused, allowed, or allowed with conditions. Over 40% of the applications were allowed as proposed.
8
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 2. Area Included and Excluded from the ALR (2010-2014) Area included Area excluded (hectares) (hectares) 2010-11 (two years) 302.0 17.0 2012 0.4 15.5 2013 64.0 37.0 2014 7.0 2.0 Total 373.4 71.5 Note: all dates are for year ending March 31. Source: compiled from ALC annual reports
Table 3. ALC Applications by Year (2006-2013) Number of Applications 2013 11 2012 17 2011 18 2010 25 2009 26 2008 38 2007 29 2006 23 Total 187
Table 4. ALC Application Decisions Cariboo Region (2006-2013) Type of Application Non-Farm Subdivision Exclusion Inclusion Use Corridor Number of Applications 114 21 19 14 16
Table 5. Types of applications to ALC (2006-2013) Types of Applications Number of applications Sub-type of Application Number of applications Farm Division 16 Subdivision 114 Homesite Severance 14 Residential Subdivision 82 Other (Industrial) 2 Residential Subdivision 19 Exclusion 21 Non-Farm Use 2 Transportation 13 Corridor 16 Utility 2 Both 1 Soil Fill & Removal 2 Industrial 5 Non-Farm Use 14 Commercial 3 Other 4 Subd & NFU 3 Inclusion 19 Total 187
9 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 6. ALC Decisions by Types of Applications (2006-2013) Type of Application Sub- Non-Farm Subd. & Application Decision division Exclusion Corridor Use NFU Inclusion Total Allow as Requested 40 8 7 6 18 79 Allow with Conditions 18 6 8 6 1 1 40 Refuse as Requested, 13 3 1 2 19 Allow Alternate Proposal Refused as Proposed 43 4 1 1 49 Total 114 21 16 14 3 19
Table 7 shows the number of applications received by electoral area and municipality. The rural area of Electoral Area F: 150 Mile House, Horsefly and Likely areas received the highest number of applications. In the South Cariboo area, assuming that all parts of the sub- region’s electoral areas, G, H, and L, are included, received 75 applications, which is 40% of all applications in the CRD during this time. The District of 100 Mile, included in the South Cariboo region, was the only municipality to receive ALC applications.
Table 7. ALC Applications 2006-2013 by Area Number of Cariboo Electoral Areas Applications A – Red Bluff/Quesnel South 22 B – Quesnel West/Bouchie Lake 13 C – Barlow/Barkerville 5 D – Commodore Heights, Fox Mountain, 16 McLeese Lake, Pine Valley, Wildwood E – South lakeside/Dog Creek 15 F – 150 Mile/Horsefly/Likely 31 G – Lac La Hache/108 Mile 26 H – Canim Lake/Forest Grove 19 I – West Fraser/Nazko 6 J – West Chilcotin 0 K – East Chilcotin 4 L – Lone Butte/Interlakes 25 City of Williams Lake 0 City of Quesnel 0 District of 100 Mile House 5 District of Wells 0
Today, there is a range of quality among plans and policies across the CRD. This range reflects different planning contexts and interests in each area. For example, the policies covering the fringe areas of Quesnel and Williams Lake focus on protecting the rural character of the areas in conjunction with managing the interface between rural and urban development. In this context,
10 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
protecting farmland does not appear to be the primary aim but a means to other goals. The statements in each of the OCPs that are relevant directly to protecting farmland are listed in Table 8. Both South Cariboo Area and 150 Mile House Area OCPs include goals to protect farmland. 150 Mile House Area has the most comprehensive set of goals, objectives, and policies for protecting farmland. All four OCPs have consistent policies related to agricultural land use, as shown in Table 9. These common policies cover a range of land use issues, including minimum parcel sizes, applications for exclusion, covenants on lands adjacent to ALR, potential conflicts, supporting local food production, retaining large lots, agri-tourism, and invasive plants. The South Cariboo Area OCP is much older than the older plans (adopted in 1996) and, as such, the older language and absence of some policies are understandable.
Table 9. Common agricultural policies across OCPs South Cariboo Area 150 Mile House Area Williams Lake Fringe Quesnel Fringe Area (1996) (2012) Area (2013) (2014)
Minimum parcel size Lands designated Lands designated Lands designated Lands designated Agricultural: 32 ha Agricultural: 32 Agricultural: 32 Agricultural: 32 Homesite: 1 ha hectares hectares hectares Rural residential lands adjacent to ALR: 4 ha
Applications for √ √ √ √ exclusion
Covenants on lands √ √ √ adjacent to ALR
Minimise potential √ √ √ √ conflicts
Comply with provincial √ √ √ regulations and guidelines
Support local food √ √ √
Retention of large lots √ √ √
Direct roads, corridors √ √ √ √ away from ALR
Agri-tourism √ √ √
Invasive plants √ √
11 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 8. Statements in OCPs directly relevant to protecting farmland South Cariboo Area (1996) 150 Mile House Area (2012) Williams Lake Fringe Area (2013) Quesnel Fringe Area (2014) Goals 7. To protect from incompatible Protection of ALR lands is necessary (and context development land adjacent to the to ensure resources are available to statements, e.g., ALR and to encourage agricultural support these activities. introduction to activities on land with agricultural section) potential 8. To support the ALC in its aims to protect land within the ALR from incompatible development Therefore, it is very important to safeguard those lands having a proven potential to pursue agricultural activities. Objectives 1.1 To support the ALC in protecting 5.2.1 To protect agricultural land for 6.2.1 To support the mandate of 3.3.10 Strive to ensure that land agricultural land and agricultural agricultural purposes. ALC as the agency protecting within the ALR can be used for opportunities in the plan area. agricultural land and agricultural agricultural use 5.2.2 To support the ALC in opportunities. 1.3 To protect agricultural land by protecting agricultural land and 5.2.5 To support the mandate of the maintaining larger parcels which can agricultural opportunities in the plan 6.2.2 To ensure that bylaws are ALC as the agency protecting economically sustain agricultural area. consistent with the purposes of the agricultural land and agricultural production. ALCA so that land can be used for opportunities. 5.2.5 To protect agricultural land by farm purposes and complimentary maintaining larger parcels suitable [sic] uses as permitted by the ALCA 5.2.6 To ensure that bylaws are for agricultural production. and regulation, consistent with the purposes of the ALCA so that land can be used for 3.2.12 To ensure that land within the farm purposes and complimentary ALR can be used for farm use as uses are permitted by the ALCA and defined in the ALCA regulation. Policies 5.3.11 The Regional District 5.3.2 Support the Agricultural Land supports the ALC in its efforts to Commission in its efforts to protect protect and enhance farmland. and enhance farmland. 5.3.9 The Regional District will discourage subdivision of lands within agricultural and resource land use categories.
12
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
South Cariboo Area
The South Cariboo Area covers parts of electoral areas G, H, and L and provides planning direction for a number of unincorporated areas. The South Cariboo Area OCP, in conjunction with the regulations of the zoning bylaw, is the most important agricultural land use planning tools within the local framework. The OCP, however, was approved in 1996 and is scheduled to be reviewed. The OCP has two goals, three objectives, and 11 policies related to agriculture. The general goal is to support the ALC in order to protect farmland, which is supported by the objectives, including the need to prevent rural residential and other non-farm development from adversely affecting agricultural activities and maintain larger parcels that can economically sustain agricultural production. The OCP includes a statement that acknowledges the role of local government plans to support the provincial legislative framework for farmland protection. A policy states that the CRD may exclude land from the ALR, but only under conditions. Consideration for development on lands adjacent to agricultural lands is addressed in different parts of the OCP and specifically in a policy that cites the need to do so in conjunction with the Farm Practices Protection (Right to Farm) Act. Overall, the OCP has moderate legislative context. However, very little agricultural background is provided in the OCP. Although dated, the South Cariboo OCP is moderately strong. The new OCP will likely incorporate policies and terms consistent with other, recently adopted OCPs (e.g., 150 Mile House OCP). At the regional level, the South Cariboo SRMP, approved in 2005, is an enforceable document that is relevant to agricultural lands in the area, in that this strategic land use plan falls under the legal objectives of the Cariboo-Chilcotin Land Use Plan. Although the 100 Mile House SRMP has some targets specific for grazing in the South Cariboo Area, the applicable agriculture and range sections are similar to the other SRMPs in the CRD. All SRMPs include the following statement: “The SRMP recognizes the industry’s need to enhance access to Crown land and water in support of agriculture economic development opportunities.” The SRMP identifies the need for water planning in the Rail development zone in order to address competing water uses between the high population and other uses (agriculture is not identified specifically). Otherwise, the SRMP does not identify any issues or opportunities related to agriculture in the area. The South Cariboo Area OCP includes a statement about its policies lending support to the provincial legislature in protecting the resources, while recognising that the management of resources is more of a provincial responsibility.
150 Mile House Area
The 150 Mile House Area covers the unincorporated settlement of 150 Mile House and parts of Electoral Area F. The 150 Mile House Area OCP, in conjunction with the regulations of the zoning bylaw, is the most important agricultural land use planning tool within the local framework. The OCP was approved in 2012. Overall, the legislative framework for the 150 Mile House Area is strong in relation to protecting farmland. Objectives and policy for agricultural land use are covered under Agriculture and Resource Use. Here it is recognised that agriculture and forestry are the “backbones” (p. 36) of the economy and that the Regional District will encourage economic development initiatives that support agriculture as a viable economic activity. Correspondingly,
13
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT managing the agricultural (and forestry) land base is a major objective of the OCP. The plan states, “Protection of ALR lands is necessary to ensure resources are available to support these activities” (p. 36). Four objectives cover agricultural lands, including explicit statements to protect farmland. The first objective (5.2.1) is, “To protect agricultural land for agricultural purposes” (p. 36). Fifteen policies cover agriculture. Collectively, these policies deal effectively with a range of agricultural land use issues, including minimum parcel sizes, awareness covenants, the right to farm, and conditions for exclusions (Table 8). The OCP also includes a Residential policy (6.3.1) that aims to minimize the potential for conflict between the farming and residential developments. This policy is supported by the use of awareness covenants, as included in the OCP. Overall, a strength of the 150 Mile House OCP is the prominent and consistent statement of interest to protect agricultural land in the plan area. At the regional level, the Horsefly SRMP, approved in 2005, is an enforceable document that is relevant to agricultural lands in the area, in that this strategic land use plan falls under the legal objectives of the Cariboo-Chilcotin Land Use Plan. Although the Horsefly SRMP has some targets specific for grazing in the 150 Mile House Area, the applicable agriculture and range sections are similar to the other SRMPs in the CRD. The SRMP does not identify any issues or opportunities related to agriculture in the area. The 150 Mile House Area OCP includes a policy (5.3.8) to support the province’s general policy of integrated multiple use land management such as grazing and timber management. Consistent with this statement, the OCP states, “Although many of the resource management responsibilities are provincially mandated, the CRD does have a role in providing supportive OCP policies” (p. 36). Policy 5.3.10 focusses on continued communications with Provincial Ministries and Crown agencies about the planning, disposition, and management of Crown lands in order to minimise conflicts between agricultural and other land uses.
Williams Lake Fringe Area
The Williams Lake Fringe Area covers parts of electoral areas D, E, and F. The Williams Lake Fringe Area OCP, in conjunction with the regulations of the zoning bylaw, is the most important agricultural land use planning tools within the local framework. The OCP was approved in 2013. Overall, the legislative framework for the Williams Lake Fringe Area is moderate to weak in relation to protecting farmland. Although the agricultural land use policies are consistent with other recently completed OCPs in the CRD, there are no goals and only somewhat weak objectives for protecting farmland, along with statements that undermine the importance of agriculture in the plan area. Furthermore, an interest in developing some ALR lands for residential development undermines the ALC’s mandate. Objectives and policy for agricultural land use are covered under Agriculture and Resource Use. The introduction refers to agricultural contributions to the Cariboo but not specifically to the plan area. Instead, the introduction refers to the possible need to convert Crown farmland for recreation and tourism uses, which sets the context for the need to communicate with provincial ministries in order to alleviate any potential conflicts on Crown lands. These statements stand in contrast to the corresponding section in the 150 Mile House Area OCP in which protection of farmland is a clearly stated objective.
14 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
The Williams Lake Fringe Area OCP includes four objectives and thirteen policies for agriculture. The first objective (6.2.1) is, “To support the mandate of Agricultural Land Commission as the agency protecting agricultural land and agricultural opportunities.” (p. 47). This is an important statement to support the ALC and protect farmland but it is much weaker than expressing a direct commitment to protect agricultural land. Similar to the other OCPs, the set of policies deal with a range of agricultural land use issues, including minimum parcel sizes, awareness covenants, the right to farm, and conditions for exclusions. The OCP also includes a Residential policy that recognises the need to consider ALR lands when identifying development opportunities, using buffer zones to minimise conflicts, as well as cluster development in order to conserve farmland. However, like other CRD OCPs, the proposed Development Approval Information Bylaw does not include impacts on neighbouring agricultural lands. The Williams Lake Fringe Area OCP is the only one to refer specifically to the Cariboo-Chilcotin Beetle Action Coalition’s 2007 Agriculture Sector Strategy. This strategy is mentioned in the context of the importance of local food production, processing, distribution, and sale of locally grown products for the local economy. Overall, the agricultural land use policies are moderately strong; however, these policies are not well represented within the broader planning priorities. The OCP identifies the ALR as one of six significant issues for the plan area that presents both opportunities and constraints. The identified opportunity is that the ALR provides a secure land base that supports local food security. However, the significant portion of ALR land with the Fringe Area is also viewed as a constraint to meeting future growth pressures. The OCP also includes a specific discussion about using ALR lands in the Fox Mountain area for residential development. This area was identified as appropriate for residential development; however, the ALC would not approve the exclusion of this land. Instead, the OCP (p. 48) includes the following statement:
The Agricultural Land Commission has not endorsed the RR 1 designation of select parcels on Fox Mountain – please note the Schedule C – Land use map. ALR applications to subdivide these parcels may be supported by the Regional Board, but will be considered by the Commission on their merits, taking into account agricultural capability and suitability, and the potential impacts of subdivision on farm activity. The Regional District may enter into discussions with the Commission regarding these RR 1 designated properties on Schedule C.
Agricultural planning at the regional level, including the Williams Lake SRMP, approved in 2005, is similar to the 150 Mile House Area. The SRMP includes targets specific for grazing but does not identify any specific issues or opportunities related to agriculture in the area. The Fringe Area OCP also includes statements and policies relevant to Crown land and natural resources. The approach to Crown land reflected in the OCP is similar to some ALR lands, in that such lands may be desireable for future non-agricultural uses. The OCP includes a policy (6.3.23) to support the province’s general policy of integrated multiple use land management such as grazing, timber management, and recreation. Consistent with this statement, policy 6.3.7 focusses on continued communications with Provincial Ministries and Crown agencies about the planning, disposition, and management of Crown lands in order to minimise conflicts between agricultural and other land uses. Policy 4.3.32 also refers to working co-operatively provincial ministries and agencies regarding planning and management of Crown lands. However, the OCP
15 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT states that renewable 20-year tenures on crown land for agriculture and forestry can render the land unavailable for other future developments.
Quesnel Fringe Area
The Quesnel Fringe Area covers parts of electoral areas A, B, C, and I. The Quesnel Fringe Area OCP, in conjunction with the regulations of the zoning bylaw, is the most important agricultural land use planning tool within the local framework. The OCP was approved in 2014. Overall, the legislative framework for the Quesnel Fringe Area is moderate in relation to protecting farmland. Objectives and policy for agricultural land use are covered under Agriculture & Resource Use. Here it is recognised that the OCP plan area contains a significant amount of ALR land. Three objectives cover agricultural lands, including objectives to support the ALC in protecting farmland, to ensure that bylaws are consistent with the ALCA, and to work with the ALC to identify agricultural lands that can used for non-farm development. Fourteen policies cover agriculture. Collectively, these policies deal effectively with a range of agricultural land use issues, including minimum parcel sizes, awareness covenants, the right to farm, and conditions for exclusions. The OCP also includes a Residential policy that supports new residential development when it does not impact neighbouring agricultural uses. This policy is supported by the use of awareness covenants, as included in the OCP. However, assessing impacts on neighbouring agricultural lands is not listed as one of the considerations for the proposed Development Approval Information Bylaw. Overall, the agricultural land use policies are moderately strong; however, these policies are not well represented within the broader planning priorities. At the outset, although agriculture in mentioned in the context of integrating various land uses, protecting farmland is not mentioned in the opening statements of the OCP; statements are provided for other areas, such as protecting the natural environment. One of the identified guiding principles that the OCP focusses on “rural character” with specific reference to maintaining “the rural feel of the area and ensure that a low density and a strong connection to environment dominate the character of the area” (p. 5); however, neither agriculture nor protecting farmland are identified in this principle. Correspondingly, there is little detail about the extent of agricultural activities in the area, potential for growth, or soil classifications. At the regional level, the Quesnel SRMP, approved in 2007, is an enforceable document that is relevant to agricultural lands in the area, in that this strategic land use plan falls under the legal objectives of the Cariboo-Chilcotin Land Use Plan. Although the Quesnel SRMP has some targets specific for grazing in the Quesnel Fringe Area, the applicable agriculture and range sections are similar to the other SRMPs in the CRD. The SRMP does not identify any issues or opportunities related to agriculture in the area. The Quesnel Fringe Area OCP is similar to the Williams Lake Fringe Area OCP. It includes policies to support the province’s general policy of integrated multiple use land management such as grazing, timber management, and recreation (5.3.8) and to continue communications with provincial ministries and Crown agencies about the planning, disposition, and management of Crown lands in order to minimise conflicts between agricultural and other land uses (5.3.9). Policy 3.4.32 also refers to working co-operatively provincial ministries and agencies regarding planning and management of Crown lands. Unlike the Williams Lake Fringe Area OCP, there are no concerns about the constraints regarding renewable tenures on Crown land for agriculture and forestry.
16 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Legislative framework
One of our first steps was to document the legislative framework for the case study site. The framework consists of policies, regulations, and governance structures related to agricultural land use planning at local, regional, and provincial levels of government. Policy documents were identified as enforceable, aspirational, or enabling (refer to the appended glossary for definitions of these and other terms). Table 10 displays the three tiers of agricultural land use planning policies and legislation, including the provincial, regional, and local level documents which make up the legislative framework. At the provincial level, the framework includes the provincial legislative documents pertinent to agricultural land use planning, such as the Local Government Act, the Farm Practices Protection Act, and Agricultural Land Commission Act, the Land Title Act, as well as the Water Act. For the CRD, the Agricultural Policy, recently adopted in principle, is an enforceable policy. Another regional document is the agriculture sector strategy, an aspirational plan produced by the Cariboo-Chilcotin Beetle Action Coalition (CCBAC). In the CRD there are no regional legislative documents such as a Regional Growth strategy that addresses long-term planning issues for incorporated and unincorporated areas. To make our content analysis of the legislative documents more manageable, we focussed on a sub-region of the CRD. For this purpose selected the 150 Mile House Area. We chose this site because, as discussed above, it represents an area within the CRD that has clear statements related to farmland protection. By selecting only one sub-area of the CRD we avoid duplication among similar documents. Governance for agriculture land use planning is carried out by the ALC Interior Panel. Neither the CRD nor the 150 Mile House Area has an Agricultural Advisory Committee (AAC); instead, each Electoral Area in the CRD has an Advisory Planning Commission (APC). An APC is an independent body of local residents, appointed by the Regional District, with a mandate to provide input into the planning process. The authority of an APC is limited with no decision- making responsibility; it provides only advice on matters respecting land use, planning, or proposed bylaws and permits; it does not have any direct approval, ownership, or authority over matters that are referred to them, nor does an APC establish policy.
17 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 10. Legislative Framework for the 150 Mile House Area POLICY LEGISLATION GOVERNANCE Agricultural Land Commission Act Local Government Act Farm Practices Protection [ALC] Annual Service Plans (Right to Farm) Act Agricultural Land Commission [MAL] Strengthening Farming Forest and Range Practices Act [ALC Act] [ALC] ALR and Community Planning Range Act Administrative Tribunals Act Guidelines Land Title Act Governance Policy for the [Smith] “Planning for Agriculture” Water Act Agricultural Land Commission
PROVINCIAL Agricultural Land Reserve Use, Subdivision, and Procedure Regulation
LGA Part 25 849 (e) Purpose of regional growth strategy: maintaining the integrity of a secure and productive resource base, including the agricultural land reserve
REQUIRED INTEGRATION
CRD Agricultural Policy (2014; adopted in principle) CCBAC Agriculture Sector Strategy ALC Interior Panel (2007) Williams Lake SRMP (2005) REGIONAL
LGA Part 25 46 Conflict with bylaws
A local government must ensure that its bylaws are consistent with the ALC Act. A bylaw that is inconsistent has no force or effect. LGA Part 25 882 (3) (OCP) Adoption procedures 882 The local government must refer the plan to the ALC for comment. REQUIRED
INTEGRATION LGA Part 25 946 (3) Subdivision to provide residence for a relative ALC Act 13 Dispute resolution on community issues
150 Mile House Area OCP (2012) Advisory Planning Williams Lake Fringe and 150 Mile Commission House Area Zoning Bylaw (1999) (Area F) LOCAL
Acts (provincial laws), bylaws (local government laws, e.g., official municipal plan) [Italicized] Enforceable policy, regulations pursuant to acts [bold] Aspirational policy at all levels [plain text]
18
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Content analysis of documents
After documenting the legislative framework we assessed the contents of the documents, with a focus on the 150 Mile House Area as set within the context of regional planning. The results of this content analysis reflect the breadth and quality of the legislative framework. For this we used a three-point (check mark) scale indicating different levels of detail from minimal (√) to moderate (√√) to high (√√√). The criteria we used for this part of the assessment are included in Appendix: Criteria for Evaluating Content of Legislative Framework.
Local government legislation documents
The results of the content analysis for the OCP and zoning bylaw for the 150 Mile House Area are shown in Tables 11 and 12. A “major objective” of the OCP is to manage the agriculture and forestry land base. However, protecting farmland is not listed among the eleven over-arching goals. The general goal is to promote and maintain small town/rural values of the area, of which agriculture is a part. Importantly, the OCP (p. 36) includes set of objectives to protect farmland in the section Agriculture and Resource Use. The first objective states, “To protect agricultural land for agricultural purposes,” followed by an objective to “support the Agricultural Land Commission in protecting agricultural land and agricultural opportunities in the plan area.” Overall, the OCP covers many important elements of agricultural land use planning, contains a moderate level of detail with regard to the legislative context and maps clearly showing agricultural lands, including a map showing potential development areas in relation to ALR lands. With regard for the legislative context, the OCP includes a good level of detail regarding the ALC Act with fewer details in other areas. Awareness covenants are described as planning tools to minimise agricultural-residential conflicts. The zoning bylaw sets out the regulations for agricultural lands and names relevant provincial acts, but without detail. Matters of governance are covered under the Advisory Planning Commission bylaw, which advises the CRD Board on matters related to land use. Although there is no specific reference to applications to the ALC, at least one member of each APC should have experience with the agricultural sector.
Local government policy documents
The policy documents we assessed included the CRD Agricultural Policy (2014), Williams Lake SRMP (ILMB, 2005), and the Cariboo-Chilcotin Agriculture Sector Strategy (2007). The results of the content analysis are presented in Tables 13, 14, and 15. The Agricultural Policy is an enforceable policy specifically for agricultural land use planning. Its strength lies in the high levels of detail for the legislative context and regulations with good detail for a vision and goals for agricultural land use planning. The detail of the legislative context is extensive, with a very high level of attention given to land use planning tools that specifically address buffering, awareness covenants, and fencing, and also suggest future consideration of development permit areas. This policy is limited in scope, however, with the regulations and planning tools designed primarily to manage the interface between agriculture and residential developments. This limited scope is offset, in part, by the broader scope of this policy’s predecessor, the CRD’s Agriculture and Forestry Policies Review and Development Report. This report is notable for its
19
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT critical assessment of existing policies and regulations for agricultural land use planning. We took this prior report into consideration when completing the content analysis. The Williams Lake SRMP is one of seven sub-regional plans covering the CRD and is the plan that covers the 150 Mile House Area, which is why we focus on only this SRMP for our analysis. The SRMPs are outcomes of implementing the Cariboo-Chilcotin Land Use Plan (CCLUP), a higher-level plan with legal objectives adopted as an enforceable policy under the Forest Practices Code. The CCLUP and SRMPs cover only Crown land; matters of private land are mostly outside the scope of these plans. The SRMPs provide more detail than the CCLUP. The primary aim of the CCLUP and subsequent SRMPs is to support forestry. Within this context, the Williams Lake SRMP recognises the importance of agriculture to the region and the need to enhance access to Crown land and water. There is one specific reference to farmland protection: “The Crown Agricultural Land Reserve (ALR) in the Cariboo Region represents an area of secure land base for future agricultural production” (p. 62). With regard to access to Crown land, the SRMP (p. 63) states the following: Where compatible with other CCLUP values, resource management objectives of the Williams Lake SRMP will not preclude the use of Crown ALR lands for intensive agricultural use unless found to be infeasible in light of provincial level resource management strategies and socio-economic analysis. Water needs are noted for the Beaver Valley and the Williams Lake sub-units. One objective is related to fencing and wildlife on rangelands. A second objective, under agriculture, addresses managing livestock in order to protect riparian areas and water quality. There are also two recommendations under agriculture (p. 62): Maintain or enhance soil productivity where agriculture occurs on Crown land; Manage agricultural activities to prevent declines in water quality in streams, lakes, and wetlands adjacent to agricultural areas on Crown land by following the Code of Agricultural Practice for Waste Management and the Farm Practices Protection (Right to Farm) Act. . The CCBAC Agriculture Sector strategy is an aspirational document. It has high levels of detail for background and visions, goals, and objectives; it has no enforceable regulations, nor any maps related to agriculture. Most critically, the strategy document includes no legislative context relevant to agricultural land use planning. The report’s section on land management issues identifies access to land and security of tenure as main issues; protecting farmland is not identified as a specific issue or objective. There is little integration of the three policy documents with the OCP and zoning bylaw. The Agricultural Policy is not named in the OCP, but the Agriculture and Forestry Policies Review report is named, thus providing an indirect and helpful reference to the Agricultural Policy. The reference to the policies review report is in relation to awareness covenants. The CCBAC agricultural strategy is relevant to the economic development aspects identified in the OCP, but is not named. The SRMP is relevant to the natural resource areas identified in the OCP, but is not named.
20 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 11. Contents of local agricultural land use legislative documents Vision, Regulations Legislative Goals, (enforceable policies, Context Background Objectives procedures) Maps 150 Mile House Area OCP (2012) WL Fringe and 150 Mile House Area Zoning Bylaw (1999) Table 12. Breadth and depth of legislative context Legislative context (legislation and policies) Land use planning tools Gov. Right Water Range Land Title Local Farm Cov- AAC/ ALC Act to Farm Act Act Act Gov’t Act Bylaw enant AIA DPA APC 150 Mile House Area OCP (2012) WL Fringe and 150 Mile House Area Zoning Bylaw (1999) Table 13. Contents of local land use policy documents Vision, Regulations Legislative Goals, (enforceable policies, Context Background Objectives procedures) Maps CRD Agricultural Policy (2014) Williams Lake SRMP (2005) Cariboo Chilcotin Agriculture Sector Strategy (2007) Table 14. Breadth and depth of legislative context: policy documents Legislative context (legislation and policies) Land use planning tools Gov. Right Water Range Land Title Local Farm Cov- AAC/ ALC Act to Farm Act Act Act Gov’t Act Bylaw enant AIA DPA APC CRD Agricultural Policy (2014) Williams Lake SRMP (2005) Cariboo Chilcotin Agriculture Sector Strategy (2007) Table 15. Status of local agricultural land use policy documents Aspirational Enforceable 150 Mile House OCP Received by Led to revisions Adopted as In progress Council Named in plan of plan by-law CRD Agricultural Policy (2014) (see note) Note: The Agricultural Policy is not named but its predecessor report is named: Agriculture and Forestry Policies Review and Development (2003). 21
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Current Issues
When reviewing the contents of the documents, we also explored three issues that have come up in the project that are current issues in most areas: small-lot agriculture/fragmentation of farmland; alienation of farmland/foreign ownership; and natural resource developments.
Small-lot agriculture/fragmentation of farmland
The combined issue of small-lot agriculture and fragmentation of the land base centres on what appears to be a growing awareness of food sovereignty. Much of this interest in small-lot agriculture is associated with new farmers and their need for affordable land that is reasonably close to population centres. What makes the demand for small-lot agriculture particularly important is that there is often little room within farmland protection legislative frameworks to accommodate smaller lots. The main reason is that sub-dividing into smaller lots is in direct conflict with the over-riding goal to not fragment the land base. The primary land use planning tool for preventing fragmentation is large minimum lot sizes. Thus, small lots and farmland protection are often in direct opposition. This tension between large minimum lot sizes and a desire for small lots is not evident in the regional legislative framework. Statements related to fragmentation appear in two contexts. The OCPs in the CRD have clear policies that prevent fragmentation by focussing on retaining large lots where possible. As stated in the 150 Mile House Area OCP (5.3.17), “The Regional District encourages strategies that will see large agricultural land holdings retained and operated as single agricultural operations rather than broken up as individual land tenures with multiple ownership” (p. 40). This policy reflects the general approach of farmland preservation legislation to avoid parcelisation of the land base. The other context is related to managing the interface between rural and urban areas. This perspective is evident in the CRD Agricultural Policy and the OCPs. The Quesnel Fringe Area OCP emphasises the importance of smaller lots in providing a buffer. The Small Farm land use designation (5.3.6) plays a specific role in this regard. “The ‘Small Farms’ designation on Schedule B provides for land in the ALR, with current lots ranging from 4 ha to 12 ha with limited agricultural potential, that serve as a buffer between Agricultural and Resource designated lands and Rural Residential designated lands” (p. 52). There are no other specific references to a need for small-lot agriculture.
Alienation of farm land/foreign ownership
Although foreign ownership of land is not mentioned as an agricultural land use planning issue, the region has experienced corporations purchasing productive farmland and planting trees for carbon credit. This practice has the effect of removing productive agricultural lands and contributing to parcelisation. Although this practice is somewhat isolated presently, its expansion is likely as it appears to be an issue throughout northern BC. Some large lots of agricultural land have been alienated by building large estates on the property and then either not farming the land or farming only to meet the minimum levels needed for tax assessments and farm status.
22
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Natural resource developments
The state of agricultural land use planning is assessed most often within the context of urban development. In northern BC, pressures also come from natural resource developments, such as forestry, oil and gas, and mining. The OCP’s that make up the CRD legislative framework include general statements about the need to manage natural resources. While it is recognised that the management of resources is more of a provincial responsibility, the OCP’s also recognise the role of the Regional District to provide supportive OCP policies. The OCPs also include policies to co-operate and communicate with provincial ministries and agencies for planning, disposition, and management of Crown lands in order to minimise conflicts between agricultural and other land uses. Several policies refer to managing water resources. There are few references to provincial legislation for Crown lands but provincial ministries are named.
Policy regimes
The two policy regimes of farmland preservation and global competitiveness have influenced agricultural land use policy and legislation for over forty years. Food sovereignty, and its associated concerns with food security and demand for local food, is a nascent policy regime that is influencing agricultural land use planning. Within this context, the aim of our analysis was to assess how issues, ideas, interests/actors and institutions associated with the three policy regimes influence local agricultural planning processes, including decisions about zoning, official plans, boundary adjustments, land division and servicing, and, as well, to assess the extent to which agricultural land use planning encompasses a comprehensive view of food systems planning, activities, and issues. To complete the assessment of the presence and importance of the policy regimes we examined the documents that comprise the legislative framework. Presence and importance were measured as a function of both the level of influence of words, concepts, and statements that appear in the documents and of the placement of these words, concepts, and statements within each document. The criteria for measuring the policy regime statements are presented in Appendix: Criteria for determining level of influence of policy regimes. All three policy regimes are present in the local legislative framework. However, the contents of the documents indicate that farmland preservation (Tables 17, 20, and 23) has the most influence. Statements of high influence appear in the enforceable documents (e.g., OCP) as objectives and policies (“To protect agricultural land for agricultural purposes”), a driving issue (“Protection of ALR lands is necessary to ensure resources are available to support these activities”), and regulations. Food sovereignty appears in the contents of the local legislative (Tables 18, 22, and 24) framework but is not of the same level of high influence or as widespread as farmland protection. In the OCP, food sovereignty is expressed in policies related to supporting the production of local food in order to improve local economy. The Agricultural Policy dedicates a section to local food security, with a focus on implementing bylaws that support local food production and retailing. Within the CCBAC agricultural strategy, focus of food security is on stronger connections to health and social programs with regard for a far-reaching set of factors, including “improving health through diet (e.g. the Act Now program), enhancing intergenerational and
23 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT multicultural social connections (through farmers’ markets), addressing food security and local sustainability issues” (p. 52). The connection is also stated as a relation between food security and the growing interest in local food systems, which is associated with “increasing concern about the impacts of imported food on social stability and equity, rural communities and quality of life” (p. 45). Global competitiveness, although present (Tables 16, 19, and 22), is by far the weakest of the three policy regimes. Only the CCBAC strategy includes references to global competitiveness, and only as a driving issue, rather than a goal or policy. Due to the globalisation and liberalization of markets, as well as the presence of competitive advantages among local producers, “A large opportunity exists to capture greater local and provincial market share from imports” (p. 117). However, there are also challenges in the form of centralized purchasing by large national food retailers and wholesalers and achieving a critical minimum size to participate at this scale.
24 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 16. Analytical framework for policy regimes at local level: global competitiveness documents GLOBAL COMPETITIVENESS Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations
High Influence CCBAC Agriculture Strategy
Influence Medium Influence CCBAC Agriculture Strategy
Low Influence CCBAC Agriculture Strategy Level of Level
Table 17. Analytical framework for policy regimes at local level: farmland preservation documents FARMLAND PRESERVATION Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations 150 Mile House OCP High Influence 150 Mile House OCP CRD Agricultural Policy CRD Agricultural Policy
CCBAC Agriculture Strategy 150 Mile House OCP Medium Influence 150 Mile House OCP CRD Agricultural Policy 150 Mile House Zoning Bylaw CRD Agricultural Policy CRD Agricultural Policy Low Influence 150 Mile House OCP 150 Mile House OCP CRD Agricultural Policy Level of Influence Level CCBAC Agriculture Strategy
Table 18. Analytical framework for policy regimes at local level: food sovereignty documents FOOD SOVEREIGNTY Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations
High Influence CCBAC Agriculture Strategy
CRD Agricultural Policy Medium Influence CRD Agricultural Policy 150 Mile House OCP CRD Agricultural Policy CCBAC Agriculture Strategy
150 Mile House OCP Low Influence CCBAC Agriculture Strategy CRD Agricultural Policy Level of Influence Level CRD Agricultural Policy
25
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 19. Analytical framework for policy regime at local level: global competitiveness themes GLOBAL COMPETITIVENESS Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations The primary macro-variables influencing the sector High Influence include globalization of markets A large opportunity exists to capture greater local
and provincial market share from imports. Local producers have potential competitive advantages Trade liberalization has enhanced the opportunity Medium Influence for export markets. Export dependent producers are challenged by the ability to remain competitive in a global context.
Level of Influence Level Centralized purchasing by large national food retailers and wholesalers Many operations lack the critical minimum size Low Influence necessary to achieve ‘economy of scale’ for profitably operating in commodity markets.
26 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 20. Analytical framework for policy regime at local level: farmland preservation themes FARMLAND PRESERVATION Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations To protect agricultural land for Protection of ALR lands is necessary to To protect agricultural lands, a agricultural purposes. ensure resources are available to support minimum lot size of 4.0 hectares will be To support the ALC in protecting these activities. required for property being rezoned to agricultural land and opportunities facilitate a subdivision next to land High To prevent rural residential and other associated with active agricultural Influence non-farm development from operations or for subdivision adversely affecting agricultural activities. Focus on edge planning to protect the agriculture interface. To protect agricultural land by Desire to establish appropriate land use Discourage subdivision of lands within Strengthen agricultural lands maintaining larger parcels suitable regulations in an area of strong growth agricultural and resource land use policies in the region for agricultural production. pressures categories. Maintain generally large minimum To prevent rural residential and other Degradation and loss of agricultural lands. Discourage non-farm development of lots sizes non-farm development from Forest encroachment/ingrowth threaten agricultural land Medium adversely affecting agricultural pasture and rangeland production Influence activities. Residential, commercial and industrial developments are permanently reducing
Level of Influence Level the agricultural land base. Security of long-term operation through land use planning and zoning are essential for supporting expansion and recruitment Respecting natural ecosystems, Tools are available to strengthen Wherever possible, future major roads, DPA for the protection of farmland particularly the streams and lake agriculture such as Farm Bylaws utility or communication corridors systems and agricultural land. Expansion of the sector, and in particular should be directed away from and Low To ensure that land within the ALR the cattle industry, are threatened by around land within the ALR. Influence can be used for farm use as defined pressures from competing uses for Crown in the ALC Act. land and water resources (e.g. forestry, recreation and mining).
27 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 21. Analytical framework for policy regime at local level: food sovereignty themes FOOD SOVEREIGNTY Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations The primary macro-variables High Influence influencing the sector include health and social concerns related to the sector. Explore avenues to advance the food Section on ‘Local Food Security’ The importance of local food Consider Rezoning and security objectives and policies Stronger connections to health and production and supports efforts to Temporary Permit social programs. Expansion of regional improve the local agricultural applications seeking to agriculture is complementary to other economy. Efforts may include: establish local food security social goals including improving o strategically locating a farmers land uses. Medium Influence health through diet (e.g. the Act Now market; Local food security land program), enhancing intergenerational o initiatives to increase agricultural uses include value-added and multicultural social connections awareness; agricultural food processing, (through farmers’ markets), addressing o development of community farmer markets, food security and local sustainability gardens; greenhouses, community issues. o density bonusing for projects food kitchens, food stands supporting local food initiative Support local food security through Local markets provide an immediate Identify which land uses local agricultural uses and food link for the agriculture sector to would be of benefit to local
Level of Influence Level processing and by encouraging address social concerns about food food production based on community gardens and farmers security and local food systems the proposed ALC changes, markets to create more food and amend zoning and rural independent communities. land use bylaws accordingly Develop provisions within zoning to permit those uses. Low Influence bylaws to support food security and farmland diversification such as urban beekeeping, allowing farmers markets in rural zones, permitting secondary suites for family members Implement the agricultural and food security policies.
28 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Table 22. Analytical framework for policy regimes at local level: frequency of global competitiveness GLOBAL COMPETITIVENESS Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations
High Influence 1 0 0 0
Medium Influence 4 0 0 0
Low Influence 1 0 0 0 Level of Influence Level
Table 23. Analytical framework for policy regimes at local level: frequency of farmland preservation FARMLAND PRESERVATION Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations
High Influence 6 1 3 0
Medium Influence 2 4 2 1
Low Influence 2 2 1 1 Level of Influence Level
Table 24. Analytical framework for policy regimes at local level: frequency of food sovereignty FOOD SOVEREIGNTY Vision, Goals, Objectives, Driving Issues, Concerns Regulations Action Items Recommendations
High Influence 0 1 0 0
Medium Influence 1 2 1 1
Low Influence 2 1 0 1 Level of Influence Level
29 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Discussion
Assessment of Principles
Our assessment of the four principles is summarised in Table 25. As supported through the results discussed in this report, the sources of strength for the local legislative framework are its ability to maximise stability and accommodate flexibility. The framework effectively integrates public priorities across jurisdictions, but is challenged by a high level of uncertainty associated with permitted non-farm uses of agricultural lands.
Table 25. Principles of Land Use Planning, 150 Mile House Area Integrate Maximise across Minimise Accommodate Regional District stability jurisdictions uncertainty flexibility CRD: 150 Mile House Area **** **** *** *** * = Very weak; ***** = Very strong
Maximise stability
A stable legislative framework for protecting farmland is one that is not easily changed at the whim of shifting political interests; it is well-entrenched in acts of legislation, policy, and governance structures that are based on clear, concise language, and can hold up to court challenge. Thus, stability is a critical measure of the strength of an agricultural land use planning framework. By these terms, the CRD legislative framework for agricultural land use planning is moderate. The OCPs, as enforceable pieces of legislation, are the foundation for stability. The OCP is supported by the zoning bylaws, which provide regulations for designated agricultural land uses, thereby contributing to the stability of the framework. Within the CRD, the legislative framework for the 150 Mile House Fringe Area is the strongest. The OCP includes an interest in protecting farmland, clear language, and comprehensive policies regarding agricultural land use planning in the area. Although the OCPs in the CRD have similar policies, the Williams Lake Fringe Area and Quesnel Fringe Area do not have the same clearly stated interests in protecting farmland. The South Cariboo Area also has a clear interest in protecting farmland, but the OCP needs to be updated to include the newer agricultural policies of the other OCPs. The inconsistent commitment to protecting agricultural land among the OCPs reduced the level of stability for the CRD-wide framework. The CRD Agricultural Policy also contributes to the stability of the regional legislative framework. However, the scope of the Agricultural Policy is somewhat limited, with a primary focus on edge planning tools to protect the interface between agriculture and residential developments. The Policy includes clear statements to protect agricultural land. The Agricultural Policy is named in the Quesnel and Williams Lake Fringe Area Plans in relation to the use of covenants on land adjacent to ALR land. However, the Policy is not named in the 150 Mile House
30
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Area plan. Only recently adopted by the CRD Board in 2014, there may be opportunities to make better use of the Policy within the CRD’s enforceable documents. Only the Williams Lake Fringe Area OCP refers to the CCBAC agricultural sector strategy. The lack of connections between the OCPs and the strategy is a missed opportunity, as a higher level of integration can provide context for interpretting the goals and objectives of the OCP regarding agriculture. Thus, although the sector strategy clarifies issues for the agriculture sector within the region, this document is not used to provide context for agricultural land use planning decisions in the area.
Minimise uncertainty
The presence of uncertainty, typically introduced via ambiguous language or exceptions, is a critical measure of the weakness of an agricultural land use planning framework. Thus, in addition to maximising the stability of a legislative framework through enforceable policies people want to know they can rely on these rules and regulations to be applied consistently under different circumstances. For the CRD, there were a few elements within the regional framework that contribute to uncertainty. One element is the absence of clear statements of interest in protecting agricultural land in the Williams Lake and Quesnel Fringe Area plans. This absence is notable on its own but is heightened by the contrast with explicit statements to protect agricultural land in the other OCPs. This inconsistency can lead one to assume that the absence of stated interests in protecting agricultural land is the outcome of deliberate decisions. The absence of these statements is re-inforced by expressed interests in using agricultural lands, including ALR lands, for non-farm uses, such as recreation and tourism. These contributions to uncertainty are re- inforced by the identification of the ALR as a possible constraint to addressing future growth and of long-term grazing tenures as barriers to development.
Integrate across jurisdictions
Integrating policies and priorities across jurisdictions is a foundation for building cohesion across provincial, regional, and local governments. One can also think of integration as a formal “linkage” that provides consistency among them. In order to successfully integrate policies across jurisdictions there must be sufficient details about the legislative context that guides and constrains local government plans and strategies. By this measure of integration, we found that the CRD legislative framework is moderate. The CRD Agricultural Policy describes the breadth of relevant provincial legislation; however, the limited scope of the Policy also limits the level of integration within the Policy. The region’s OCPs include references to the essential aspects of the ALCA, ALC, and ALR, as well as the requirements of the LGA. The Farm Practices Protection (Right to Farm) Act is integrated effectively within the OCP policies on using covenants and managing land use conflicts. There are limited references to provincial policies related to Crown land, although provincial ministries are mentioned.
Accommodate flexibility
Creating an effective legislative framework is an act of balance, without being too stable so that it cannot be changed when needed or too strict so that it cannot be applied in a range of
31 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT circumstances. Thus, flexibility is necessary in order to moderate the restrictive effects of maximising stability and minimising uncertainty. The means to accommodate flexibility is typically done through governance mechanisms. There is no AAC in place within the CRD; instead, APCs performs the role of an AAC from a broader perspective that considers a range of interests and priorities, not just agriculture. Where OCPs refer to the possible approval of exclusions, such statements are supported by conditions that uphold the importance of maintaining agricultural lands and activities, as well as the policies of the ALCA. For example, the Williams Lake Fringe Area OCP states that the Regional Board "may support an application for exclusion from the ALR or an application for subdivision within the ALR” but applications for exclusion must demonstrate to the satisfaction of the ALC that “there are no negative impacts on agriculture” (p. 48). Such statements accommodate flexibility without unduly compromising the stability of the framework or contributing unnecessarily to uncertainty. Of particular note, the matter of ALR lands in the Fox Mountain area presents an interesting example of accommodating flexibility. The Williams Lake Fringe Area OCP clearly states that the ALC did not support the use of these ALR lands for residential development, but also includes statements that set out parameters under which such applications may be considered. This element of the OCP, although contributing to uncertainty, is also an explicit effort to accommodate flexibility.
Influence of policy regimes
The legislation and policy documents of the CRD cover all three policy regimes (Table 25). Based on our analysis, farmland preservation is by far the most influential and there is little influence from the regime of global competitiveness. Food sovereignty has moderate influence. This regime is presented in two contexts: health and social services; local food systems.
Table 25. Overall Influence of Policy Regimes, 150 Mile House Area Vision, Goals, Objectives, Driving Issues, Policy Regime Recommendations Concerns Regulations Action Items Global Competitiveness Farmland Preservation Food Sovereignty
Low Medium High
32 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Conclusion
Overall, the legislative framework for protecting farmland within the Cariboo Regional District is of moderate strength. There is a range of quality among plans and policies that reflect different planning contexts and interests across the region. The interest in protecting farmland is most explicit in the 150 Mile House and South Cariboo areas. In contrast, the policies covering the fringe areas of Quesnel and Williams Lake focus on accommodating future growth, protecting the rural character of the areas, and managing the interface between rural and urban development. The analysis reveals that the specific policies governing land designated for agricultural uses are highly consistent across the OCPs (while accounting for the outdated policies of the South Cariboo Area). The elements of the CRD framework that undermine its areas of strength is the absence of clear commitments to protecting agricultural land in the Williams Lake and Quesnel fringe areas. This absence of clear commitments is exacerbated by the presence of some policies that favour non- farm uses of ALR lands. Although the different policies across the CRD may help to accommodate varying needs, the different levels of interest in protecting farmland may contribute to uncertainty. As well, given the prevalence of agriculture and ALR lands in the region, raises questions about whether the needs and interests of the area are being served appropriately.
33 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
References
Cariboo-Chilcotin Beetle Action Coalition (2007). Cariboo Chilcotin Agriculture Sector Strategy. Williams Lake, BC.
Cariboo Geographic Systems, 2003. Agriculture and Forestry Policies Review and Development. 100 Mile House, BC.
Cariboo Regional District, 2014. Agricultural Policy. Williams Lake, BC: Cariboo Regional District.
Cariboo Regional District, 2003. Agriculture and Forestry Policies Review and Development. Williams Lake, BC: Cariboo Regional District.
Connell, D. J. (2009). Planning and Its Orientation to the Future. International Planning Studies, 14(1), 85-98.
Integrated Land Management Bureau [ILMB] (2005). Williams Lake Sustainable Resource Management Plan. Victoria, BC: Government of British Columbia. On-line: http://www.for.gov.bc.ca/tasb/slrp/srmp/north/williams_lk/pdfs/Williams_Lake_SRMP_Final.pd f. Accessed on February 21, 2015.
Runka, G. (2006). “BC’s Agricultural Land Reserve – Its Historical Roots.” Seminar presented at Planning for Food, World Planners Congress, Vancouver, BC, June 21, 2006.
Smith, B. (1998). Planning for Agriculture. Victoria, BC: Agricultural Planning Commission.
34 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Appendix: Glossary
Policy: A formal statement of intent; principles, rules, or guidelines that are designed to determine or influence major decisions or actions and all activities that fall within the domain of the policy.
Enforceable policy: Policy with clear statements of intent to enforce (often with penalty for failing to follow the policy)
Aspirational policy: Policy without clear statements of intent to enforce (often with penalty for failing to follow the policy); a broad statement about desired outcomes, objectives, or activities
Enabling policy: Policy with clear statements of intent to implement a policy (e.g., provide resources)
Policy regime: A policy regime and its changes refer to the combination of issues, ideas, interests, actors and institutions that are involved.
Legislation: A law (or Order in Council) enacted by a legislature or governing body; can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict.
By-law (bylaw): Local laws established by municipalities as regulated by the provincial government. Note: for our purposes, a by-law is considered part of legislation.
Regulation (pursuant to Act): Is a form of legislation (law) designed with the intent to regulate; a rule or law designed to control or govern conduct; creates, limits, constrains a right, creates or limits a duty, or allocates a responsibility.
Governance: Methods, systems, or processes of governing; the act of implementing policy and legislation. For our purposes we are concerned with groups (e.g., commissions, advisory committees) that have the authority to apply, review, or enforce policy and legislation specific to agricultural land use planning.
35 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Acknowledgements
Funding for the provincial project is provided by the Northern Agriculture Research Initiative, a program of the Omineca Beetle Action Coalition and the Cariboo-Chilcotin Beetle Action Coalition, and by the Real Estate Foundation of British Columbia Partnering Fund. The national project is funded by an Insight Grant from the Social Sciences and Humanities Research Council. The author wishes to thank the professional land use planners and agrologists throughout the regions for their insights and support. Lou-Anne Daoust Filiatrault and Katelan Eistetter made significant contributions to the project as a whole, with Katelan assisting with this case study. Thank you also to Breanne Tennant for her early work on this report.
36 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Appendix: Criteria for Evaluating Content of Legislative Framework
Legislation documents
Legislative Context (Provincial) Background Vision, Goals, Objectives Local policies Maps
0 None None None None None
Brief statements that include at least Very brief description of Includes a vision, goal, or One or two brief statements about Provides at least one (1) one reference to the main provincial agriculture background. This objective for agriculture but agricultural land use policies, general land use map(s) with legislation or policy related to may include a minimal section with minimal explanation or perhaps with little context. agricultural land use shown. agricultural land use planning. Little or statistics on historical rationale. too context provided other than perhaps context, background and a statement that acknowledges the local issues, and demographics on governments duty to uphold these acts agriculture/farming. and policies.
Expanded statements that reference Includes multiple sections Includes a vision, goal, and Several statements (three to five) Provides at least one (1) more than one of the main provincial dedicated to information and objective for agriculture with about agricultural land use policy general land use map(s) legislation and policies and provides statistics about agricultural a statement of explanation and presented within local context. showing agricultural land uses added context to the above. Multiple background. May also some action items. May also reference an agricultural and at least one (1) agriculture statements that outline how provincial reference an agricultural plan plan. specific map showing legislation and policies “fit” in the local or report. designated agricultural land. context.
Comprehensive that outlines how Comprehensive account of Includes a detailed section on Detailed section of agricultural Provides two (2) or more provincial legislation and policies “fit” agricultural background . May vision, goals, and objectives land use policy statements (more agricultural land use maps in the local context.. May include also reference an agricultural for agriculture that outlines a than five) or agricultural sub-area including a map showing diagrams to help establish thread of plan or report. rationale and action items. plan adopted as by-law. May also designated agricultural land. consistency among different levels of May also document relations reference an agricultural plan. May also include Other maps government. with other land uses and local to illuCRDte specific issues or priorities. policies (future areas of study, development permit areas, current land tenure).
37
Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Policy documents
Legislative Context (Provincial) Background Vision, Goals, Objectives Local Policies Maps
Same as above Same as above Same as above Different Same as above
0 None None None None None
Brief statements that include at least Very brief description of Includes a vision, goal, or Several statements (three to five) Provides at least one (1) one reference to the main provincial agriculture background. This objective for agriculture but about agricultural land use policy general land use map(s) with legislation or policy related to may include a minimal section with minimal explanation or presented within local context. agricultural land use shown. agricultural land use planning. Little to or statistics on historical rationale. no context provided other than perhaps context, background and a statement that acknowledges the local issues, and demographics on governments duty to uphold these acts agriculture/farming. and policies.
Expanded statements that references Includes multiple sections Includes a goof presentation Comprehensive section of Provides at least one (1) more than one of the main and policies dedicated to information and of vision, goal, and objective agricultural land use policy general land use map(s) and provides added context to the statistics about agricultural for agriculture with a statements (more than five). showing agricultural land uses above. Multiple statements that outline background. May also statement of explanation, a and at least one (1) agriculture how provincial legislation and policies reference an agricultural plan few recommendation items, specific map showing “fit” in the local context. or report. and some action items. designated agricultural land.
Comprehensive that outlines how Comprehensive account of Includes a detailed section on Comprehensive agricultural plan. Provides two (2) or more provincial legislation and policies “fit” agricultural background. May vision, goals, and objectives May also refer to background agricultural land use maps in the local context.. May include also reference an agricultural for agriculture with an report. including a map showing diagrams to help establish thread of plan or report. extensive and detailed list of designated agricultural land. consistency among different levels of recommendations and/or May also include Other maps government. action items. to illuCRDte specific issues or policies (future areas of study, development permit areas, current land tenure).
38 Agricultural Land Use Planning in Northern BC FINAL REPORT: CARIBOO REGIONAL DISTRICT
Appendix: Criteria for determining level of influence of policy regimes
Placement (significance) within Document Mission, Vision, Aims, Goals, Objectives Mandate, Purpose Driving issues, concerns Action items A clear, explicit statement as A clear, explicit statement at part of a short list (three to the highest level of an five) of items in an High influence enforceable policy or enforceable policy or regulation regulation
A clear, explicit statement as A clear, explicit statement at A clear, explicit statement as A clear, explicit statement as part of a short list (three to the highest level of an part of a short list (three to part of a short list (three to Medium influence five) of items in an aspirational policy five) items in a policy five) of items in a policy aspirational policy Level of Level influence A clear, explicit statement as A clear, explicit statement as A clear, explicit statement as Low influence part of a long list of items in part of a long list of items in part of a long list of items in a an aspirational policy an aspirational policy policy
39