Ponoka County has made progress on asserting their authority to impose confined feed operation (CFO) exclusion zones. Section 632 and 633 of the Municipal Government Act (MGA) give municipalities the authority to develop municipal development plans and area structure plans. These plans are to be used to plan future development and land use decisions. Approvals for CFOs are legislated under the Agricultural Operation Practices Act (AOPA). Section 20 of the AOPA states that in the approval process for a CFO, the approval officer must deny an application that is not consistent with the municipal development plan land use provisions.
Ponoka County’s area structure plan, which included an exclusion zone for CFOs, was challenged in provincial court by a local agricultural group. The provincial court ruling upheld the municipality’s authority over land use decisions. This is a win for Ponoka County, and municipal authority in land use planning for all RMA members.
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For enquiries, please contact:
Warren Noga
Policy Advisor
warren@RMAlberta.com
Tasha Blumenthal
Director of External Relations & Advocacy
tasha@RMAlberta.com