Greater Sudbury is getting closer to having a new bylaw that restricts the removal of topsoil from farmland.
City councillors were given an outline of the proposed topsoil removal and site alteration bylaw Wednesday night at the city council's priorities committee.
Existing topsoil removal operations will be allowed to operate, but under increasing regulatory supervision, said Guido Mazza, Greater Sudbury's director of building services.
Mazza said he expected the bylaw would be ready for council to pass at the July 8 city council meeting.
“This is a historic achievement. It has been difficult for staff to balance the various interests involved,” said Mayor John Rodriguez.
Before amalgamation, topsoil removal regulation was regularly discussed, stated staff in their report to council. In 1992, the Town of Valley East enacted a Topsoil Removal Bylaw.
Between 1992 and 2003, about 20 permits were issued on about 360 acres of land within the former Town of Valley East.
Recently, stronger provincial regulation, a more clearly defined agricultural reserve within the city's boundaries, and a rising public interest in producing more food locally spurred interest in developing a bylaw to prohibit topsoil removal from the best agricultural land.
Farmers, such as former city councillor Ron Bradley, argued for a tough bylaw.
The result was the first draft bylaw, which prohibited topsoil removal in the city's agricultural reserve, but permitted removal in the rural areas of the city subject to an approval process. This draft was presented to the priorities committee Jan. 21, 2009.
It was passed in principle by council, but a public meeting was suggested for February to get further input. At that meeting, topsoil producers in the reserve argued for grandfathering, or allowing their operations to continue.
Others argued there should be a ban on topsoil removal both inside and outside the reserve on good agricultural land, noted Mazza in his staff report.
Topsoil producers also raised the issue of costs associated with hiring professionals to develop control plans for topsoil removal. Those increased costs would be passed on to consumers, raising the costs of landscaping residential homes.
In response to these concerns, staff proposed a number of changes to the first draft bylaw.
The key changes were:
-more flexibility in the control and rehabilitation plans and the inclusion of landscape architects as qualified professionals,
-allowing a grace period for existing operations in the rural area, outside the reserve, giving applicants more time to file application forms, fees and security deposits, and
-exempting residential landscaping activities as they fall under other municipal bylaws.
Staff identified a number of potential topsoil removal areas within the agricultural reserve. Another public meeting was held in May. Again the industry voiced concerns about aspects of the bylaw from appeal rights to costs they would have to absorb.
Greater Sudbury's topsoil industry has 15 producers, which are mostly large operations, and a number of smaller operations where topsoil stripping is a sideline, note staff.
“In order to ensure an effective transition to the new bylaw, existing topsoil removal operations could be allowed to continue, subject to the submission and approval of an existing operations permit,” stated staff. That would involve a site plan and details about the removal area and rehabilitation measures.
Nine topsoil removal sites are located within the reserve, comprising 750 acres. Through discussions with producers, that was reduced from 12 sites, said Mazza. Of that, 200 acres have been harvested leaving 550 acres for future production.
“That is just 3.8 per cent of the remaining agricultural reserve,” said Mazza.
Ward 8 Coun. Ted Callaghan said the bylaw was significant, considering the city's agricultural area had declined by 80 per cent, from 78,000 acres to 14,400 acres over the past 35 years.
“After 35 years, I am glad we have a bylaw,” said Ward 4 Evelyn Dutrisac. She was responsible for getting council approval to spend about $50,000 for developing the bylaw in the 2008 budget.
“I am glad we will protect what agricultural land we have left, and I am glad we will support individuals who are in the industry,” she said.
Mazza said the reason for the bylaw was for the small minority of operators who are not leaving stripped areas in a proper state.
He noted that people who purchase topsoil for their gardens or who want to change the levels of their backyards in a minor way will not be affected by the new bylaw unless they disturb their neighbours or interfere with city storm management.
“The bylaw does gives the city the tools if those cases do arise,” he said.
