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Rural land use conflicts : a case study of Central Saanich Olsen, Tracy Louise 1983

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RURAL LAND USE CONFLICTS: A CASE STUDY OF CENTRAL SAANICH By TRACY LOUISE OLSEN B.A., The U n i v e r s i t y of B r i t i s h Columbia, 1978 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS i n THE FACULTY OF GRADUATE STUDIES School of Community and Regional Planning We accept t h i s t h e s i s as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA October 1983 ® Tracy Louise Olsen, 1983 In presenting t h i s thesis i n p a r t i a l f u l f i l m e n t of the requirements for an advanced degree at the University of B r i t i s h Columbia, I agree that the Library s h a l l make i t f r e e l y available for reference and study. I further agree that permission for extensive copying of t h i s thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. I t i s understood that copying or publication of t h i s thesis for f i n a n c i a l gain s h a l l not be allowed without my written permission. Department of Community and Regional Planning The University of B r i t i s h Columbia 1956 Main Mall Vancouver, Canada V6T 1Y3 Date October 1 7 , 1985 )E-6 (.3/81) ABSTRACT Land use c o n f l i c t i n the r u r a l urban f r i n g e i s a problem f o r Canadian a g r i c u l t u r e , as w e l l as f o r l o c a l governments res p o n s i b l e f o r land use c o n t r o l s . Development of n o n - a g r i c u l t u r a l uses adjacent to farms may lead to l i m i t a t i o n s on the productive c a p a c i t y of farming operations, as w e l l as i n c r e a s i n g the danger of f u r t h e r i r r e v e r s i b l e conversion of land w i t h good a g r i c u l t u r a l c a p a b i l i t y . At the same time i t must be recognized that the e f f e c t s of some common a g r i c u l t u r a l p r a c t i c e s on suburban land uses c o n s t i t u t e the s o r t of nuisance that zoning i s intended to prevent. I t i s c l e a r from the l i t e r a t u r e and common sense, and confirmed i n a case study a n a l y s i s of C e n t r a l Saanich, B.C., that the t r a d i t i o n a l land use c o n t r o l s often do not work e f f e c t i v e l y i n these s i t u a t i o n s . Because each land use c o n f l i c t of t h i s type i s s p e c i f i c to a p a r t i c u l a r s i t e and i n v o l v e s l o c a l farming p r a c t i c e s , the l o c a l l e v e l of government i s most f a m i l i a r w i t h the issues and thus may be i n the best p o s i t i o n to e x e r c i s e appropriate c o n t r o l s . L o c a l governments may, however, choose to ignore t h e i r r e s p o n s i b i l i t y or may f o r f i s c a l reasons p r e f e r to see n o n - a g r i c u l r u r a l development of the community. T r a d i t i o n a l land use c o n t r o l s have not been e f f e c t i v e i n preventing r u r a l land use c o n f l i c t s , f o r o f t e n the problem has reached a c r i t i c a l l e v e l i n the community or e l s e a c r i s i s s i t u a t i o n demanding an immediate response develops before any a c t i o n i s taken. By t h i s time, many of the p o t e n t i a l land use c o n f l i c t s are a c t u a l l y i n e x i s t a n c e . However, - i i i - f a i l u r e to p l a n , delay i n responding to r u r a l land use c o n f l i c t s , and c o n f l i c t i n g i n t e r e s t s i n n o n - a g r i c u l t u r a l land use are not the only reasons that l o c a l government has d i f f i c u l t y i n coping w i t h the problem. Land use c o n t r o l techniques s u i t a b l e f o r a p p l i c a t i o n to t h i s problem have inherent inadequacies and weaknesses or are not acceptable to a g r i c u l t u r a l producers. A n a l y s i s of C e n t r a l Saanich shows that a l l of these f a c t o r s l e d the C o u n c i l to consider "Green Zoning". However, there i s reason to b e l i e v e that t h i s form of zoning, i n c l u d i n g l i m i t a t i o n s placed on operation of a farm u n i t , would a l s o prove d i s a p p o i n t i n g . Moreover the problem i s too i n t r i c a t e and pervasive to be handled e n t i r e l y by l o c a l government. I t i s therefore up to the senior governments to f a c i l i t a t e l o c a l management of the problem and to o f f e r a s s i s t a n c e and guidance. I f a l o c a l government refuses to address the problem of r u r a l land use c o n f l i c t s , then more coercive measures may have to be taken by a senior government. In a d d i t i o n to the complementary use of c e r t a i n land use c o n t r o l mechanisms, there i s a l s o the need f o r more comprehensive programmes which i n c l u d e non-regulatory measures i n a d d i t i o n to the r e g u l a t o r y ones. These i n c l u d e increased c i t i z e n p a r t i c i p a t i o n , greater p u b l i c and p o l i t i c a l support, and an increased awareness of the impacts that r u r a l land use c o n f l i c t s are having on Canada's a g r i c u l t u r a l base. - i v - TABLE OF CONTENTS Page ABSTRACT i i TABLE OF CONTENTS i v LIST OF TABLES x i LIST OF FIGURES x i i ACKNOWLEDGEMENTS x i i i CHAPTER ONE: RURAL LAND USE CONFLICTS 1 1.0 I n t r o d u c t i o n 1 1.1 Purpose of Thesis 3 1.2 Methodology 5 1.3 D e f i n i t i o n of the Study Area 7 1.3.1 F i n d i n g a D e f i n i t i o n of the R u r a l Urban Fringe 8 1.3.2 Examples of Urban Land Uses 9 1.3.3 Examples of R u r a l Land Uses 10 1.3.4 A D e f i n i t i o n of the Rural-Urban Fringe 11 CHAPTER TWO: LITERATURE REVIEW AND PROBLEM STATEMENT 14 2.1 The Impacts of Urban Sprawl 14 2.1.1 Transformation of the R u r a l Landscape 14 2.1.2 The H i s t o r y of Urban Sprawl i n Canada 17 2.1.3 Consumption of A g r i c u l t u r a l Land: The D i r e c t Impact 18 2.1.4 I n d i r e c t Impacts of Urban Sprawl 20 - v - Page 2.2 A General D i s c u s s i o n of Land Use C o n f l i c t s 21 2.2.1 Land Use C o n f l i c t s 22 2.2.2 R u r a l Land Use C o n f l i c t s 24 2.3.3 The I n t e r r e l a t i o n s h i p Between Land Use and People 24 2.3 Causes of Urban Sprawl 26 2.4 Ru r a l Land Use C o n f l i c t s : The Problem Statement 28 2.4.1 I n f l a t e d P r i c e of Land 28 2.4.2 Land Fragmentation 30 2.4.3 Taxation Increases Due to the Demand f o r Improved Services 31 2.4.4 Competition f o r A g r i c u l t u r a l Land by Non-Farm Uses Other Than R e s i d e n t i a l 33 2.4.5 Impact of Tr a n s p o r t a t i o n C o r r i d o r s and U t i l i t y C o r r i d o r s 35 2.4.6 P h y s i c a l Impacts 36 2.4.7 S o c i a l and P s y c h o l o g i c a l Impacts 38 2.4.8 Changes i n the P o l i t i c a l Composition of the R u r a l Community 40 2.4.9 S p e c u l a t i o n , Foreign Investment and Absentee Landowners 41 2.5 Summary 43 CHAPTER THREE: LEGISLATIVE FRAMEWORK 46 3.1 D e l i n a t i o n of A u t h o r i t y 46 3.2 Federal Influence Over Land Use 47 - v i - Page 3.3 The P r o v i n c i a l Government's Role i n Land Use Planning 49 3.4 Delegation of A u t h o r i t y 51 3.5 L o c a l and Regional C o n t r o l Over Land Use 53 3.6 Conclusions 57 CHAPTER FOUR: THE CONTROL AND PREVENTION OF RURAL LAND USE CONFLICTS 59 4.1 I n t r o d u c t i o n , 59 4.2 Planning f o r A R u r a l Community 60 4.3 The Importance of A Plan or Strategy 62 4.4 L o c a l Resistance to Planning 63 4.5 S e l e c t i o n of a Land Use C o n t r o l Mechanism 64 4.5.1 The Issue of Compensation 67 4.6 An A n a l y s i s of Selected Land Use Con t r o l Mechanisms 68 4.6.1 Zoning. 70 4.6.2 A g r i c u l t u r a l D i s t r i c t i n g 70 4.6.3 Tax In c e n t i v e s 71 4.6.4 Transfer of Development Rights 72 4.6.5 R e s t r i c t i v e Covenants 73 4.6.6 Purchase of Development Rights 74 4.6.7 Purchase of Land 75 4.6.8 The Mechanisms Selected f o r A n a l y s i s 75 - v i i - Page 4.7 C r i t e r i a f o r A n a l y s i s 76 4.8 An A n a l y s i s of Zoning 79 4.8.1 Large Lot Zoning 80 4.8.2 A g r i c u l t u r a l Use Zoning 83 4.8.3 Green Zoning 86 4.8.4 S u b d i v i s i o n Design 91 4.9 Summary 94 CHAPTER FIVE: A CASE STUDY OF CENTRAL SAANICH 96 5.1 A General D e s c r i p t i o n of C e n t r a l Saanich 96 5.1.1 Climate 96 5.1.2 Physiography 99 5.1.3 The L o c a l Economic Base and I t s S p a t i a l M a n i f e s t a t i o n s 99 5.2 E v o l u t i o n of Land Use and Land Use Controls i n C e n t r a l Saanich 102 5.2.1 The F i r s t Planning Study of C e n t r a l Saanich 103 5.2.2 I n f r a s t r u c t u r e Improvements 105 5.2.3 S u b d i v i s i o n A c t i v i t y from 1961 to 1966 107 5.2.4 Implementation of Zoning By-laws 110 5.2.5 Upgrading and Extension of the Sewerage System I l l 5.2.6 A g r i c u l t u r a l Land Reserves 113 5.2.7 Present Zoning and S u b d i v i s i o n By-laws 115 - v i i i - Page 5.2.8 Indian Reserves 116 5.2.9 The Greater V i c t o r i a Water D i s t r i c t 116 5.2.10 The F i r s t O f f i c i a l Community Plan 117 5.2.11 C a p i t a l Regional D i s t r i c t 119 5.3 The Present S i t u a t i o n 121 5.3.1 The Saanich Peninsula Green Zone Committee 125 5.3.2 The Peninsula H o s p i t a l Controversy 127 5.3.3 Other Issues Concerning the Green Zone Committee 128 5.3.4 R u r a l Land Use C o n f l i c t s i n C e n t r a l Saanich 131 5.4 Conclusions 136 CHAPTER SIX: CONCLUSIONS AND RECOMMENDAIONS 138 6.1 Main Conclusions 139 6.1.1 L o c a l J u r i s d i c t i o n and C o n t r o l 140 6.1.2 Retension of the ALC Act 142 6.1.3 Comprehensive Programmes 143 6.1.4 C i t i z e n P a r t i c i p a t i o n , P u b l i c Awareness, and P o l i t i c a l R e s p o n s i b i l i t y 144 6.2 Recommendations f o r L o c a l Government 145 6.2.1 P o l i c y Statements 146 6.2.2 Comprehensive Programmes 147 6.2.3 Growth Management 147 6.2.4 C i t i z e n P a r t i c i p a t i o n and P u b l i c Awareness 148 - i x - Page 6.2.5 B u f f e r i n g and T r a n s i t i o n Zones 149 6.2.6 Green Zoning 150 6.2.7 S e r v i c i n g . . . . . 150 6.2.8 Taxation 150 6.2.9 L o c a l Representation 151 6.3 Recommendations S p e c i f i c a l l y f o r C e n t r a l Saanich 151 6.3.1 Green Zoning 151 6.3.2 S u b d i v i s i o n Design 154 6.3.3 B u f f e r i n g 155 6.3.4 Zoning 156 6.3.5 The O f f i c i a l Community Plan 157 6.3.6 The Peninsula H o s p i t a l 158 6.3.7 C i t i z e n P a r t i c i p a t i o n and P u b l i c Awareness 158 6.3.8 Water Supply 159 6.4 The E f f e c t i v e n e s s of L o c a l Government i n Coping w i t h R u r a l Land Use C o n f l i c t s 159 6.4.1 L i m i t a t i o n s of L o c a l Government 162 6.5 Recommendations f o r Regional Government 163 6.5.1 Recommendations f o r the C a p i t a l Regional D i s t r i c t 164 6.5.2 Conclusions Regarding the Role of Regional Government 166 6.6 Recommendations f o r Senior Government 167 6.6.1 Recommendations f o r the P r o v i n c i a l Government.. 167 - x - Page 6.6.2 Enabling L e g i s l a t i o n 168 6.6.3 P o l i c y Statements 171 6.6.4 F i n a n c i a l A s s i s t a n c e and Taxation 172 6.6.5 P r o v i n c i a l M i n i s t r i e s 173 6.6.6 Conclusions on the P r o v i n c i a l Government's Role 174 6.6.7 Recommendations f o r the Federal Government 175 6.7 Concluding Statements 175 REFERENCES 178 OTHER REFERENCES 182 APPENDIX 1 183 APPENDIX 2 185 APPENDIX 3 188 - x i - LIST OF TABLES Page TABLE I A Summary of the A n a l y s i s of Selected Land Use Controls 93 TABLE I I C e n t r a l Saanich's P o p u l a t i o n From 1951 to 1981... 101 TABLE I I I Selected A g r i c u l t u r a l S t a t i s t i c s For C e n t r a l Saanich 1951-76 101 TABLE IV Area, P o p u l a t i o n and E f f e c t i v e Capacity By Planning D i s t r i c t 123 TABLE V Taxation i n 1980 By Land Use Category 133 - x i i - L I S T OF FIGURES Page Figure 1. C e n t r a l Saanich's O f f i c i a l Community P l a n 97 Figure 2. C e n t r a l Saanich's O f f i c i a l Community P l a n I n c l u d i n g ALR Boundaries 98 Figure 3. An Index Map of C e n t r a l Saanich i n 1967 108 Figure 4. Demand f o r S u b d i v i s i o n by Planning Area and P a r c e l S i z e 1961-66 109 Figure 5. C e n t r a l Saanich's Planning Areas 1979 122 - x l i i - ACKNOWLEDGEMENTS The author would f i r s t l y l i k e to thank Dr. Henry Hightower f o r h i s time, patience, i n s i g h t f u l comments. J u l i e Glover and Dr. Anthony Dorcey are to be thanked and commended f o r t h e i r concentrated e f f o r t s i n reading t h i s t h e s i s . The comments made by Brahm Wiesman on the i n i t i a l d r a f t were g r e a t l y appreciated. The author i s g r a t e f u l to Fred Durrand, M u n i c i p a l C l e r k of C e n t r a l Saanich, Gay Wheeler, the Development O f f i c e r of C e n t r a l Saanich and Dave Sands of the M i n i s t r y of A g r i c u l t u r e f o r t h e i r time and a s s i s t a n c e . S p e c i a l thanks are extended to Steve, T.T.S., and R.C. f o r t h e i r c r i t i q u e s and l a t e - n i g h t , morale-boosting telephone c a l l s . This t h e s i s i s dedicated to my f a t h e r and my mother without whose moral and f i n a n c i a l support t h i s p r o j e c t could not have been completed. - 1 - CHAPTER I RURAL LAND USE CONFLICTS: A CASE STUDY OF CENTRAL SAANICH Introduct ion This t h e s i s begins w i t h the b e l i e f that there i s a need to maintain and protect our a g r i c u l t u r a l c a p a c i t y . The problems plauging our a g r i c u t u r a l sector causing i t s subsequent d e c l i n e , are not r e s t r i c t e d j u s t to t h i s n a t i o n . This i s a world-wide phenomena—indeed, i t i s even more serious i n some other parts of the world. As Canada's and the world's p o u l a t i o n expand, so must the food supply. I f not, then there w i l l not be enough food f o r everyone. This could r e s u l t i n paying extremely high p r i c e s f o r food, food shortages, r a t i o n i n g of food or even mass s t a r v a t i o n . Some of these c o n d i t i o n s already p r e v a i l i n some parts of the world, t h e r e f o r e , i t would seem obvious that there i s a need to protect a g r i c u l t u r a l l a n d , the a g r i c u l t u r a l community and the necessary i n f r a s t r u c t u r e : a l l of these being e s s e n t i a l to the production of food. Over 100 nations i n the world r e l y on North American g r a i n exports (Brown, 1981). In Canada today, we are i n the enviable p o s i t i o n of being net exporters of food; a p o s i t i o n l a r g e l y a t t r i b u t a b l e to the q u a n t i t i e s of g r a i n which we export annually. However, most nations i n the world are net importers of food. I t would be d e s i r a b l e f o r Canada to remain i n t h i s p o s i t i o n of being a net exporter of food, however, the myriad of problems p r e s e n t l y - 2 - plaguing our nation's a g r i c u l t u r a l sector accompanied by the i n c r e a s i n g consumption of food and land by our own growing population may preclude t h i s option. The conversion of a g r i c u l t u r a l land to non-farm uses, i n c r e a s i n g costs of land and labour, r i s i n g costs of energy r e f l e c t e d i n the cost of f e r t i l i z e r s and t r a n s p o r t a t i o n , the f a l l i n g y i e l d response to chemical f e r t i l i z e r s and i n e f f i c i e n t agarian s t r u c t u r e s (Brown, 1981) are a l l problems c u r r e n t l y a f f l i c t i n g the a g r i c u l t u r a l i n d u s t r y i n Canada. The cumulative e f f e c t of a l l these problems i s the weakening of the a g r i c u l t u r a l sector and a slowing i n the rate of increase of food production. Some people h a i l technology as the l i k e l y saviour and have v i s i o n s of ten-storey greenhouses and hydroponic gardens on roof t o p s . However, u n t i l and unless these t e c h n o l o g i c a l innovations which are purported to solve the world's food supply problems are t r i e d and proven, i t i s i n the best i n t e r e s t s of our na t i o n and the r e s t of the the best i n t e r e s t s of our na t i o n and the r e s t of the world's population not to take chances w i t h our a g r i c u l t u r a l i n d u s t r y . As a n a t i o n , we should make every p o s s i b l e attempts to minimize the r i s k of p o s s i b l e future shortages of food s u p p l i e s . In t h i s t h e s i s i t i s i m p l i c i t l y accepted that the g l o b a l production and consumption of food are dangerously balanced at present (Brown, 1981). For our na t i o n to ignore t h i s d e l i c a t e balance and to continue to a l l o w the decay of our nation's a g r i c u l t u r a l land f o r non-farm purposes i s not only an a b i d i c a t i o n of our i n t e r n a t i o n a l r e s p o n s i b i l i t i e s , but of our r e s p o n s i b i l i t i e s to fu t u r e Canadians as - 3 - w e l l . The l a c k a d a i s i c a l attitudes of most Canadians towards the a g r i c u l t u r a l sector of our economy and t h e i r f a i l u r e to recognize the paramount importance of the a g r i c u l t u r a l industry could contribute to our nation one day s u f f e r i n g shortages of food or paying exorbitant prices for imported food. The need to preserve a g r i c u l t u r a l land i n Canada and to protect Canada's a g r i c u l t u r a l industry w i l l not be debated i n t h i s thesis as both are basic premises of t h i s study. The intent of the foregoing introduction has been to a s s i s t the reader i n placing the s p e c i f i c problem being examined i n this thesis into a broader context and to help the reader appreciate that r u r a l land use c o n f l i c t s are but one of the many problems faced by a g r i c u l t u r e today. 1.1 Purpose The purpose of this thesis i s to examine how l o c a l government can boundaries. To do t h i s , r u r a l land use c o n f l i c t s w i l l f i r s t be explained and examined. More s p e c i f i c a l l y , the impact of nonfarm development on the a g r i c u l t u r a l community and i n p a r t i c u l a r , the impact of urban-oriented uses on a g r i c u l t u r a l land uses. Therefore, a more accurate t i t l e for t h i s thesis might be ' a g r i c u l t u r a l land use c o n f l i c t s ' . However, the term 'rural land use c o n f l i c t s ' i s commonly u t i l i z e d as a general surrogate for the more s p e c i f i c term of ' a g r i c u l t u r a l land use c o n f l i c t s ' . A d i s t i n c t i o n between 'rural land use c o n f l i c t s ' and ' a g r i c u l t u r a l land use c o n f l i c t s ' i s not usually made. - I. - The second step of t h i s t h e s i s w i l l be to analyze and compare those land use c o n t r o l mechanisms which could conceivably be used to a s s i s t i n the c o n t r o l of prevention r u r a l land use c o n f l i c t s . This a n a l y s i s w i l l be d e s c r i p t i v e i n nature and w i l l focus on the aspects of implementation and a d m i n i s t r a t i v e aspects of these r e g u l a t o r y mechanisms. Regulatory mechanisms s u i t a b l e f o r implementation by l o c a l government w i l l be emphasized. T h i r d l y , t h i s t h e s i s w i l l evaluate each of the s e l e c t e d mechanisms by using a case study to review the e x i s t i n g a p p l i c a t i o n of some of the mechanisms and to speculate about the r a m i f i c a t i o n s of the p o s s i b l e a p p l i c a t i o n of others. The d i s t r i c t m u n i c i p a l i t y of C e n t r a l Saanich w i l l be used as a case study f o r the purposes of e v a l u a t i o n of these s e l e c t e d land use c o n t r o l mechanisms. C e n t r a l Saanich being what was once a predominantly a g r i c u l t u r a l community that i n the l a s t 30 years has been subject to urban sprawl. This urban sprawl has a l t e r e d the character of the community and created c o n f l i c t s between the p r e - e x i s t i n g a g r i c u l t u r a l uses and the immigratory urban uses. The type of r u r a l land use c o n f l i c t s which have occurred and the issues that a r i s e are t y p i c a l of those that are experienced by any r u r a l community which has been transformed by urban sprawl. To conclude t h i s study, recommendations w i l l be made on how l o c a l government i n B.C. can best c o n t r o l and prevent r u r a l land use c o n f l i c t s w i t h i n t h e i r r e s p e c t i v e municipal boundaries and what can be done at the r e g i o n a l l e v e l of government about r u r a l land use c o n f l i c t s i n unorganized areas. Suggestions w i l l be o f f e r e d on the degree to which - 5 - the p r o v i n c i a l government s h o u l d i n t e r v e n e i n the l o c a l c o n t r o l of r u r a l l a n d use c o n f l i c t s , what the p r o v i n c i a l government can do to f a c i l i t a t e and a s s i s t l o c a l government i n the c o n t r o l and p r e v e n t i o n of r u r a l l a n d use c o n f l i c t s and what type of p o l i c y g u i d e l i n e s s h o u l d be e s t a b l i s h e d by the p r o v i n c e f o r i t s e l f and f o r l o c a l and r e g i o n a l governments to f o l l o w . 1.2 Methodology R u r a l l a n d use c o n f l i c t s are v e r y d i f f i c u l t t o q u a n t i f y except i n terms of the number of c o m p l a i n t s r e c e i v e d by government o f f i c e s and t h e number of a r t i c l e s i n l o c a l newspapers. A n a l y t i c a l r e s e a r c h on r u r a l l a n d uses i n Canada has been l a r g e l y l i m i t e d to the economics of a g r i c u l t u r e and s t a t i s t i c s on the number of h e c t a r e s of a g r i c u l t u r a l l a n d . There i s a l a c k of r e s e a r c h and d a t a on those v a r i a b l e s which encourage or f o r c e farmers to s t o p f a r m i n g t h e i r l a n d . Nor has t h e r e been much dat a c o l l e c t e d on the impacts of urban sprawl on a g r i c u l t u r a l communities w i t h the e x c e p t i o n of the amount of h e c t a r e s of a g r i c u l t u r a l l a n d which have been consumed f o r n o n - a g r i c u l t u r a l p u r p o s e s . F o r t h ese r e a s o n s , the m e t h o d o l o g i c a l approach a p p l i e d to the a n a l y s i s of r u r a l l a n d use c o n f l i c t s i n t h i s study must be d e s c r i p t i v e i n n a t u r e . An a c c e p t a b l e s o l u t i o n t o the problem of r u r a l l a n d use c o n f l i c t s i s the i m p l e m e n t a t i o n of l a n d use c o n t r o l s . However, not a l l l a n d use c o n t r o l mechanisms are s u i t a b l e f o r c o p i n g w i t h r u r a l l a n d use c o n f l i c t s nor a r e a l l the mechanisms implementable at the l o c a l l e v e l . T h e r e f o r e , the s e l e c t i o n of l a n d use c o n t r o l mechanisms f o r a n a l y s i s was done on - 6 - the basis of t h e i r s u i t a b i l i t y to the r u r a l environment, t h e i r a p p l i c a b i l i t y to the problem of r u r a l land use c o n f l i c t s and the a b i l i t y of l o c a l government to implement the mechanism. In the a n a l y s i s and d i s c u s s i o n of the s e l e c t e d land use c o n t r o l mechanisms, four broad headings were used: 1) D e s c r i p t i o n ; 2) Advantages; 3) Disadvantages; and 4) Conclusions. In the course of the d i s c u s s i o n of each mechanism, the f o l l o w i n g v a r i a b l e s w i l l be assessed: 1) o b j e c t i v e s ; 2) t a r g e t group; 3) implementation; 4) a d m i n i s t r a t i o n ; 5) f l e x i b i l i t y ; 6) complexity; 7) c e r t a i n i t y ; 8) e f f e c t i v e n e s s ; and 9) magnitude and d i s t r i b u t i o n of c o s t s . These nine v a r i a b l e s are judged to c o n s t i t u t e the e s s e n t i a l c r i t e r i a that any government body should consider before deciding upon implementing any land use c o n t r o l mechanism. The r a t i o n a l e and j u s t i f i c a t i o n f o r u s i n g these nine v a r i a b l e s to analyze the s e l e c t e d land use c o n t r o l s w i l l be explained l a t e r i n t h i s study. The i n f o r m a t i o n f o r the a n a l y s i s of the mechanisms w i l l be based on l i t e r a t u r e research, i n t e r v i e w s w i t h knowledgable p r o f e s s i o n a l s , and personal working experience. (The author has worked f o r three years i n the f i e l d of planning, two and h a l f years of which were w i t h the A g r i c u l t u r a l Land Commission; and t h e r e f o r e , has come i n t o contact w i t h a wide range of r u r a l land use i s s u e s ) . To summarize the a n a l y s i s , a matrix of the 9 v a r i a b l e s f o r each of the s e l e c t e d planning mechanisms w i l l be assembled. To conclude, there w i l l be a d i s c u s s i o n of the a l t e r n a t i v e s o l u t i o n s and approaches to r e s o l v i n g r u r a l land use c o n f l i c t s . A f t e r a n a l y z i n g these s e l e c t e d r e g u l a t o r y mechanisms, a case study - 7 - of C e n t r a l Saanich w i l l be undertaken i n order to evaluate the performance of those mechanisms which have been implemented i n C e n t r a l Saanich. An ' a p r i o r i ' e v a l u a t i o n of the l i k e l y performance of those mechanisms which have not been implemented i n C e n t r a l Saanich but were s e l e c t e d f o r a n a l y s i s w i l l a l s o be given. As part of the e v a l u a t i o n , r e p r e s e n t a t i v e s of the various i n t e r e s t groups common to any l o c a l , r u r a l community were interviewed. They were asked to assess the se l e c t e d land use c o n t r o l s on the basis of the 9 v a r i a b l e s u t i l i z e d i n the a n a l y s i s , interms of t h e i r a p p l i c a b i l i t y to C e n t r a l Saanich and to comment on a l t e r n a t i v e s o l u t i o n s . The r e s u l t of t h i s a n a l y s i s and ev a l u a t i o n was a set of recommendations f o r c o n s i d e r a t i o n by the d i s t r i c t m u n i c i p a l i t y of C e n t r a l Saanich on how to best cope w i t h r u r a l land use c o n f l i c t s i n t h e i r m u n i c i p a l i t y . Suggested p o l i c y g u i d e l i n e s f o r the p r o v i n c i a l and f e d e r a l governments w i l l a l s o be presented. This study a l s o i n c l u d e s some conclusions on the manageability and r e s o l v a b i l i t y of r u r a l land use c o n f l i c t s . However, before proceeding, i t w i l l f i r s t be necessary to define the study area. 1.3 Definition of the Study Area Thus f a r , only the term 'rural-urban f r i n g e ' has been used to describe the countryside a f t e r i t has been transformed by urban sprawl. There are numerous other terms which are used to describe t h i s transformed r u r a l landscape. D i s t i n c t i o n s are als o made i n the terminology to denote the distance-decay f u n c t i o n of the d i f f u s i o n of - 8 - urban elements; f o r i t has g e n e r a l l y been observed that there i s a decrease i n the frequency of urban elements as you t r a v e l outwards from the c i t y centre. For as Davidson and Wibberly e x p l a i n : The f r i n g e i s not an e a s i l y defined geographical area that begins and ends at a c e r t a i n distance from a c i t y centre; i t i s r a t h e r , an area c h a r a c t e r i s e d by f u n c t i o n a l and v i s u a l u n c e r t a i n t y about i t s dominant use. I t contains s u b s t a n t i a l , i f discontinuous, areas of urban development mixed w i t h s t r e t c h e s of more extensive uses l i k e a g r i c u l t u r e and f o r e s t r y . Those uses are s t r o n g l y a f f e c t e d ( b e n e f i c i a l l y as w e l l as to t h e i r detriment) by the presence of urban a c t i v i t y . There are other c h a r a c t e r i s t i c s of the f r i n g e : notably, that i t contains an assortment of urban uses which are not wanted i n , or can not a f f o r d , the c i t y and are i n a p p r o p r i a t e f o r the open country s i d e , but which nevertheless r e q u i r e a l o c a t i o n near to the pop u l a t i o n which they serve. (1977, 109-10). 1.3.1 F i n d i n g a D e f i n i t i o n of the Rural-Urban Fringe I t i s not easy to define the rural-urban f r i n g e . One of the simpler ways to e n v i s i o n the ru r a l - u r b a n f r i n g e i s the use of a conceptual model. In Troughton's model (1978), three separate systems are i d e n t i f i e d : the urban system, the rural-urban f r i n g e (the zone of t r a n s i t i o n and i n t e r a c t i o n ) , and the r u r a l system. Troughton v i s u a l i z e s the rural-urban f r i n g e as an i n t e r f a c e between the r u r a l and urban systems as w e l l as a b a r r i e r between the two systems. "This r u r a l - u r b a n f r i n g e i s much more extensive than what i s u s u a l l y perceived as the 'urban f r i n g e ' . " (Troughton, 1978, 8 ) . Several sub-systems can be i d e n t i f i e d w i t h i n the rural-urban f r i n g e . Russwurm (1971) has noted the existence i n the r u r a l - u r b a n f r i n g e of: the suburbs, the urban f r i n g e , the ru r a l - u r b a n f r i n g e , the - 9 - urban shadow, the ex-urban a r e a , the commuting zone and so one. F o r the purposes of t h i s t h e s i s , however, the more s i m p l i s t i c c o n c e p t u a l i z a t i o n of the r u r a l - u r b a n f r i n g e as a zone of i n t e r a c t i o n and t r a n s i t i o n between r u r a l and urban uses w i l l be adopted. T h i s zone b e i n g c h a r a c t e r i z e d by the presence of l a n d uses from both the urban and r u r a l systems, w i t h the urban or non-farm uses having been superimposed upon the r u r a l system. 1.3.2 Examples o f Urban L a n d Uses From the use of t h i s d e f i n i t i o n of the r u r a l - u r b a n f r i n g e as a zone of t r a n s i t i o n and i n t e r a c t i o n c o n t a i n i n g elements from b o t h the urban and r u r a l systems, t h e r e a r i s e s the q u e s t i o n of d i s t i n g u i s h i n g between urban and r u r a l u s e s . Some examples of urban l a n d uses or non-farm uses a r e : r e s i d e n t i a l s u b d i v i s i o n s where none of the p a r c e l s of l a n d a r e farmed or have l i v i n g t h e r e people who work on farms, hobby farms, s t o r e s which s e r v i c e more than j u s t the l o c a l community, shopping c e n t r e s , commercial food o u t l e t s such as r e s t a u r a n t s and p i z z a p a r l o u r s , major highways and o v e r p a s s e s , s i d e w a l k s , p r e s s u r i z e d water s u p p l y systems, and the l i s t goes on. O c c a s i o n a l l y , these non-farm uses w i l l be congregated i n one a r e a of the a g r i c u l t u r a l community or e l s e c l u s t e r e d t o g e t h e r i n s e v e r a l a r e a s . However, the more common s i t u a t i o n i s the haphazard l o c a t i o n of the non-farm uses, p a r t i c u l a r l y r e s i d e n t i a l s u b - d i v i s i o n s and hobby farms, throughout the community or r i b b o n development of the commercial a c t i v i t i e s , hence, the term, 'urban s p r a w l ' . - 10 - 1.3.3 Examples of Rural Land Uses R u r a l land uses are considered to be those a c t i v i t i e s which are e s s e n t i a l to the productio of food and to the support of the l o c a l farming community. These a c t i v i t i e s i n c l u d e food processing and packaging p l a n t s , animal husbandry, residences needed to house farmers, t h e i r f a m i l i e s and farm workers, farm equipment o u t l e t s and supply s t o r e s , l o c a l l y o r i e n t e d i n s t i t u t i o n a l uses such as schools and churches, and l o c a l merchandising o u t l e t s needed to s e r v i c e the surrounding community. In attempting to define r u r a l and urban land uses, i t i s d i f f i c u l t to d i s t i n g u i s h between r u r a l and urban residences as the problem of c l a s s i f y i n g hobby farms and part-time farmers arises.- There are two methods which can be used to d i s t i n g u i s h between r u r a l and urban residences. One method i s to c l a s s i f y the use on the basis of the type of employment of the r e s i d e n t s . One of the persons that r e s i d e s on the property must be employed f u l l - t i m e i n farming a c t i v i t i e s or be employed i n an a c t i v i t y which i s a n c i l l a r y to the l o c a l a g r a r i a n community f o r a residence to be classed as a r u r a l land use. Place of work i s the other f a c t o r that can be used to d i s t i n g u i s h between urban-oriented and r u r a l - o r i e n t e d land uses. I f none of the members of a household work i n the l o c a l community, chances are that one or more of the household members are commuting to a higher order centre to work; making that residence or household an urban use. However, there are problems w i t h these two methods of - 11 - c l a s s i f i c a t i o n of r e s i d e n t i a l uses, i n that the c l a s s i f i c a t i o n i s being made on the c r i t e r i a of the occupation of the members of a household r a t h e r than the a c t u a l use of the land. These two methods of c l a s s i f i c a t i o n do not consider such s i t u a t i o n s as a farmer who i s not able to get s u f f i c i e n t income from a farm and has to work away from the farm to supplement h i s income from farming. For the purpose of t h i s t h e s i s , the d i s t i n g u i s h i n g c r i t e r i a that w i l l be used to d i s t i n g u i s h between an urban and r u r a l residence i s whether or not the p a r c e l of land that a residence i s on i s assessed as farmland f o r t a x a t i o n purposes. A property that i s assessed as farmland has commercial s a l e s from i t s farm operation that reach or pass a s p e c i f i e d benchmark, u s u a l l y expressed i n d o l l a r s . In the instance, of commercial o u t l e t s , the d i s t i n g u i s h i n g c r i t e r i a f o r whether or not they are urban uses or r u r a l uses i s a b i t more complex. I f the commercial o u t l e t sevices the immediate community or the l o c a l area then i t i s a r u r a l use. Sub-regional shopping centres and r e g i o n a l shopping centres which are higher order s e r v i c e centres are urban uses. However, there i s a l s o a grey area. A commercial o u t l e t may s e r v i c e s e v e r a l surrounding communities suggesting that i t i s an urban use, however, i f i t i s l o c a t e d i n the town centre of a higher order r u r a l community (eg. C h i l l i w a c k ) , i t can be thought of as a r u r a l land use. As a general r u l e , i f the r e t a i l trade area of a commercial o u t l e t i s higher than the s e r v i c e order of the town centre where i t i s l o c a t e d , then i t i s an urban use. Too, i f the commercial o u t l e t i s not l o c a t e d i n the c e n t r a l , b u i l t - u p area of the r u r a l community or s e r v i c e - 12 - centre and i t serves more than j u s t the l o c a l area, then i t i s an urban use as w e l l . The c l a s s i f i c a t i o n of a n c i l l a r y a g r i c u l t u r a l uses such as food processing plants can be complicated as w e l l . A n c i l l a r y uses often try to locate near the souce of t h e i r raw materials, however, some a n c i l l a r y uses can come into c o n f l i c t with nearby a g r i c u l t u r a l land uses. There i s also the problem of the labour force from the a n c i l l a r y use moving into the r u r a l area to be near t h e i r place of work. The general p r i n c i p l e applied to the c l a s s i f i c a t i o n of commercial outlets and centres can also be applied to the c l a s s i f i c a t i o n of a n c i l l a r y uses. If the order of the trade area i s higher than the order of the centre i n which the a n c i l l a r y use i s located, then the use i s urban; with the exception of those uses which must be located near the a g r i c u l t u r a l area such as farm sales outlets and packaging plants. This same p r i n c i p l e can also be applied to the c l a s s i f i c a t i o n of i n s t i t u t i o n a l uses. 1.3.4 A D e f i n i t i o n o f t h e R u r a l - U r b a n F r i n g e To summarize, the rural-urban fringe has been defined as an area which: 1) i s a zone of i n t e r a c t i o n and t r a n s i t i o n between the r u r a l and urban systems; 2) contains elements from both the r u r a l and urban systems; 3) the r u r a l systems pre-dates the in-migration of the urban elements; and 4) includes more than one a g r i c u l t u r a l operation. S p a t i a l l i m i t s to the rural-urban fringe were not established. Although set distances are frequency used to define the bounds of the rural-urban fringe based on such c r i t e r i a as the maximum commuting distance, these - 13 - spatial limits when applied in a more general sense become ar t i f i c i a l contrivances that can not adequately accommodate the complexity of the concept. - 14 - CHAPTER II LITERATURE REVIEW AND PROBLEM STATEMENT 2.1 The Impacts of Urban Sprawl Before e l a b o r a t i n g on the nature of r u r a l land use c o n f l i c t s , the transformation of the countryside and the impacts of urban sprawl w i l l be examined through a review of rel e v a n t l i t e r a t u r e . 2.1.1 Transformation of the R u r a l Landscape The modern r u r a l landscape or countryside can be thought of c o n s i s t i n g of f i v e main func t i o n s or systems: a g r i c u l t u r e , f o r e s t r y , mining, r e c r e a t i o n , and u r b a n i z a t i o n (Beaubien and Tabacnik, 1977). The countryside d i d not always c o n s i s t of these three systems though. At one time, r u r a l areas were once comprised of only three systems: a g r i c u l t u r e , f o r e s t r y and mining. Hunting and f i s h i n g have been excluded from these l i s t s as these a c t i v i t i e s do not n e c e s s i t a t e the a q u i s t i o n of property r i g h t s and i n v o l v e migratory, renewable resource). When t h i s n a t i o n was younger, there were r a r e l y c o n f l i c t s between the three systems. As the n a t i o n grew and the population became more e s t a b l i s h e d , a f o u r t h system, r e c r e a t i o n , s t a r t e d to occur i n the r u r a l areas, l a t e r followed by u r b a n i z a t i o n . U n t i l r e c e n t l y urban a c t i v i t i e s were e s s e n t i a l l y confined to the c i t i e s and towns w i t h r u r a l communities being c u l t u r a l l y d i s t i n c t from the c i t i e s (Campbell, 1975). A rura l - u r b a n dichotomy e x i s t e d . However, - 15 - t h i s s e p a r a t i o n of f u n c t i o n s was to change: The modern c i t y u n t i l t h i s g e n e r a t i o n was si m p l y an e n l a r g e d v e r s i o n of the m e d i e v e a l town. There was a c e n t e r , a c l e a r l y marked p e r i p h e r y , and c o n c e n t r i c r i n g s o f d e c l i n i n g i n t e n s i t y of l a n d uses t h a t made i t p o s s i b l e t o u t i l i z e J.H. von Tinmen's p a t t e r n of urban l a n d use a n a l y s i s w e l l i n t o the p o s t World War I I p e r i o d even though von Thunen develo p e d h i s th e o r y on the b a s i s o f observed urban s t r u c t u r e s i n Germany of the 1820's. A l l t h i s has changed. (Raup, 1975, 372). The n a t u r e and m a n i f e s t a t i o n s of t h i s i m p o s i t i o n of the urban system on the a g r i c u l t u r a l system w i l l be d e s c r i b e d and d i s c u s s e d a t g r e a t e r l e n g t h i n t h i s c h a p t e r as i t i s the main concern of t h i s s t u d y . The f o r e s t r y , r e c r e a t i o n a l , and mi n i n g systems w i l l o n l y be l o o k e d a t s u p e r f i c a l l y , and mi n i n g w i l l not be d e a l t w i t h . The c o n f l i c t s between f o r e s t r y and a g r i c u l t u r e a r e not as severe or as complex as those between u r b a n i z a t i o n and a g r i c u l t u r e . In f a c t , the h a r v e s t i n g of t r e e s can, i f the s o i l i s s u i t a b l e , make the l a n d a v a i l a b l e f o r a g r i c u l t u r a l use. The h a r v e s t i n g of t r e e s does not always come i n t o c o n f l i c t w i t h a d j a c e n t l a n d uses; a l t h o u g h c l e a r cut a r e a s w i l l be more s u s c e p t i b l e to e r o s i o n which can cause excess s i l t a t i o n and f l o o d i n g i n some c a s e s . While t h e r e can be competion between f o r e s t r y and a g r i c u l t u r e f o r the same l a n d , the growing t r e e s does not permanently a l i e n a t e the l a n d from a g r i c u l t u r a l use, i t can always be c l e a r e d once the t r e e s a r e h a r v e s t e d . S i l v a c u l t u r a l p r a c t i c e s don't come i n t o c o n f l i c t w i t h a g r i c u l t u r a l uses w i t h the e x c e p t i o n of g r a z i n g a n i m a l s . F o r e s t e r s a r e concerned about l i v e s t o c k e a t i n g s e e d l i n g s as browse w h i l e farmers worry about the t r e e cover becoming too dense. ( I f - 16 - the tree cover i s too dense, sunlight can not reach the ground, therefore, the undergrowth which the liv e s t o c k browses on doesn't grow i n s u f f i c i e n t quantity). Farmers are also prevented from l i g h t i n g fast bush f i r e s that are needed for seed regeneration becasue i t may destroy mature trees. Recreation i s another use that w i l l sometimes, but not always, come int o c o n f l i c t with a g r i c u l t u r e . I t depends upon the nature and in t e n s i t y of the rec r e a t i o n a l a c t i v i t y . Low i n t e n s i t y uses such as golf courses and cross-country s k i i n g may not come into c o n f l i c t with a g r i c u l t u r a l use of adjacent lands, but these uses consume large t r a c t s of land. However, the land i s not necessarily permanently d e b i l i t a t e d for a g r i c u l t u r a l use and can be used f o r such purposes i n the future. Other, more intensive r e c r e a t i o n a l uses such as race tracks and campgrounds f or t r a i l e r s can permanently alienate the land from a g r i c u l t u r a l use. The t r a f f i c through an a g r i c u l t u r a l area to recr e a t i o n a l f a c i l i t i e s and the trespasses of users of the f a c i l i t i e s onto a g r i c u l t u r a l lands are other causes of a g r i c u l t u r a l - r e c r e a t i o n a l land use c o n f l i c t s . As f ar as mining i s concerned, s t r i p mining and open p i t mining both require the removal of top s o i l which i s e s s e n t i a l for a g r i c u l t u r a l p r a c t i c e s . Intensive mining of th i s nature would undoubtably come into c o n f l i c t with a g r i c u l t u r a l land uses as well as with many other uses of the land. Restoration of the mined area f o r a g r i c u l t u r a l use i s nearly p r o h i b i t i v e i n cost and would most l i k e l y be carried out only i f reclaimation had been a condition of approval for the mine. However, - 17 - there are examples of r e c l a i m a t i o n of quarry p i t s f o r r e c r e a t i o n a l uses; a good example being Butchart Gardens which i s lo c a t e d i n the study area of C e n t r a l Saanich. The c o n f l i c t s between mining and a g r i c u l t u r e w i l l not be discussed f u r t h e r i n t h i s study. 2.1.2 The History of Urban Sprawl In Canada A process of urban sprawl has been o c c u r r i n g i n Canada since the 1930's when part of the s o c i a l e l i t e s t a r t e d to create enclaves i n the countryside known as country estates and to b u i l d summer homes there (Troughton, 1978). ( I t should be noted that t h i s l a s t reference p e r t a i n s to Eastern Canada, i n p a r t i c u l a r , the Toronto area. In Vancouver, development of t h i s nature s t a r t e d before 1910 w i t h the co n s t r u c t i o n of summer homes i n K i t s i l a n o , Brighton Beach and E n g l i s h Bay. Shaughnessy and F a i r v i e w slopes were the suburbs of the e l i t e ) . Urban sprawl gained momentum during the 1950's and r a p i d l y a c c e l e r a t e d during the 1960's and 1970's as the middle c l a s s s t a r t e d i t s exodus from the c i t y centres i n t o the suburbs and beyond. According to G e r t l e r and Crowley, i n Canada, during the period from 1966 to 1971, "...399,000 people took up residence along a township road or on a country e s t a t e . . . " (1977, 71). Among the many other impacts which c o n t r i b u t e d to the transformation of the s o - c a l l e d ' t r a d i t i o n a l ' r u r a l landscape were: comparatively inexpensive land i n the countryside which was r e a d i l y a v a i l a b l e f o r s u b d i v i s i o n and development; increased a c c e s s i b i l i t y to the countryside a f f o r d e d by freeways, expressways, and cheap g a s o l i n e ; the d i f f u s i o n of urban and suburban l i f e s t y l e s on - 18 - t e l e v i s i o n ; b e t t e r communication w i t h urban centres by telephone; and the a t t r a c t i o n of jobs i n urban centres to r u r a l i t e s . Today, an 'urban shadow' has f a l l e n over the countryside and a recognizable and d i s t i n c t i v e landscape had emerged. I t i s a mixture of the r u r a l and urban ways of l i f e , each accompanied by t h e i r r e s p e c t i v e p h y s i c a l m a n i f e s t a t i o n s . As urban a c t i v i t i e s sprawled across the r u r a l landscape, l i t t l e attempt was made at f i r s t to hinder the process. As t h i s ' rural-urban' landscape s t a r t e d being recognized as a d i s t i n c t i v e area w i t h i t s own i d e n t i f y i n g c h a r a c t e r i s t i c s and q u a l i t i e s , i t was termed, among other t h i n g s , the 'urban f i e l d ' (Friedmann and M i l l e r , 1965). The urban f i e l d was perceived as being the land bank f o r the urban centres which one day would be absorbed i n t o the e n l a r g i n g m e t r o p o l i s . While i t was appreciated that t h i s expansion of the c i t y i n t o the countryside could have some negative e f f e c t s , i t was f e l t that the p o s i t i v e s o c i a l b e n e f i t s of development such as an increased standard of l i v i n g , higher education and h e a l t h i n d i c e s , and b e t t e r s e r v i c e s outweighted the negative aspects of urban sprawl: on the c o n d i t i o n that the 'environmental i n t e g r i t y ' of the countryside could be preserved (Friedmann and M i l l e r , 1965). The main concern at one time was over the cost of municipal s e r v i c e s and the l o s s of the a e s t h e t i c appeal of the r u r a l landscape. 2.1.3 Consumption o f A g r i c u l t u r a l L a n d : The D i r e c t Impact The p r e v a i l i n g a t t i t u d e to urban sprawl began to change as i t was r e a l i z e d that the 'environmental i n t e g r i t y ' of the countryside was not - 19 - being preserved. There was a growing awareness of the negative e f f e c t s that urban sprawl was having on the r u r a l landscape. The most obvious impact being the vast amount of a g r i c u l t u r a l land that were consumed f o r non-farm purposes. D.M. Gierman estimated i n a 1977 study that the average annual r a t e of conversion i n Canada of good a g r i c u l t u r a l land (Class One to Three) to non-farm uses between the years 1966 to 1971 was 26,918 acres per year (1977, 31). In 1977, G e r t l e r and Crowley c a l c u l a t e d that approximately 1,650,000 more acres of land would be annexed by the outward spread of c i t i e s and towns by the end of t h i s century, i f the current rate of land consumption (about 60.7 hectares per 100 people) continued (1977, 268). This dilemna i s compounded by the f a c t that much of Canada's best a g r i c u l t u r a l land l i e s i n close p r o x i m i t y to urban centres. More than one-half of a l l Canada's Class One a g r i c u l t u r a l land, nearly o n e - t h i r d of the Class Two land and approximately o n e - f i f t h of the Class Three land l i e s w i t h i n an 80 k i l o m e t r e radius of Canada's twenty-three Census M e t r o p o l i t a n Areas (Manning and McCuaig, 1977). " I t i s t h i s f a c t which l i e s at the root of so much concern i n Canada; the l a r g e s t metropolitan areas are regions having lands of the widest a g r i c u l t u r a l productive capacity which can produce more e f f i c i e n t l y than lands of more l i m i t e d p o t e n t i a l . " (Bryant and Russwurm, 1979, 128). In Canada where, due to c l i m a t i c f a c t o r s , there are l i m i t e d amounts of good a g r i c u l t u r a l l a n d , we have to be p a r t i c u l a r l y cognizant of the a t t r i t i o n of a g r i c u l t u r a l land and of the p o s s i b l e r a m i f i c a t i o n s that the d e s t r u c t i o n and a l i e n a t i o n of good a g r i c u l t u r a l land has f o r the - 20 - f u t u r e of a g r i c u l t u r e i n t h i s n a t i o n . The l a n d s u p p l y i n Canada i s f i n i t e and o n l y so much of t h a t f i n i t e s u p p l y of l a n d can be improved f o r f a r m i n g purposes. Y e t , i t i s on t h e se f e r t i l e l a n d s l y i n g a d j a c e n t to the urban c e n t r e s where many r u r a l l a n d use c o n f l i c t s o c c u r and where the economic b e n e f i t s of a g r i c u l t u r a l p r o d u c t i o n are i n j e o p a r d y ( H a r r i s and Noonan, 1980,5). One does not have to be a farmer to r e a l i z e t h a t the l a n d i s a b a s i c f a c t o r i n the p r o d u c t i o n of a g r i c u l t u r a l goods. I f t h a t l a n d i s b u i l t upon, paved or o t h e r w i s e a l i e n a t e d from a g r i c u l t u r a l use, i t can not be u t i l i z e d f o r f o o d p r o d u c t i o n u n l e s s the g r e a t expense of d e s t r o y i n g the superimposed s t r u c t u r e i s i n c u r r e d . D u r i n g the time which the top s o i l i s c o v e r e d or l e f t unmanaged, the b i o l o g i c a l p r o c e s s e s of s o i l f o r m a t i o n a r e a l t e r e d , which can damage the s o i l and p r e v e n t a g r i c u l t u r a l p r o d u c t i o n on t h a t s o i l u n t i l such time t h a t the n a t u r a l p r o c e s s e s of s o i l f o r m a t i o n r e s t o r e the s o i l to an a r a b l e s t a t e — w h i c h can be decades. F o r a l l i n t e n t s and purposes, the a l i e n a t i o n of l a n d from a g r i c u l t u r a l use i s i r r e v e r s i b l e . 2.1.4 Indirect Impacts of Urban Sprawl A d i r e c t and t a n g i b l e impact of urban sprawl i s the removal of l a n d from a g r i c u l t u r a l p r o d u c t i o n . However, i n t e r a c t i o n s between im m i g r a t o r y urban elements and the p r e - e x i s t i n g farm uses can have i n d i r e c t , i n t a n g i b l e and l e s s o b s t r u c t i v e impacts. I t i s the management and c o n t r o l of these i n d i r e c t and i n t a n g i b l e impacts of urban s p r a w l t h a t t h i s t h e s i s i s concerned w i t h . - 21 - The Importance of l a n d to the a g r i c u l t u r a l i n d u s t r y has a l r e a d y been s t r e s s e d , however, e q u a l l y e s s e n t i a l to the p r o d u c t i o n of food i s the a g a r i a n s t r u c t u r e , as noted by B r y ant and Russwurm: "Land p o s s e s s e s immediate a g r i c u l t u r a l v a l u e o n l y when i t becomes i n c o r p o r a t e d i n t o an a g r i c u l t u r a l p r o d u c t i o n system; a g r i c u l t u r a l r e s o u r c e s i n c l u d e p e o p l e , c a p i t a l , the s u p p o r t i n g s e r v i c e i n f r a - s t r u c u r e , and c l i m a t e j u s t as much as l a n d . " (1979, 122). T h e r e f o r e , good a g r i c u l t u r a l l a n d i s not d e f i n e d e x c l u s i v e l y by i t s p h y s i c a l q u a l i t i e s such as i t s c a p a b i l i t y f o r a g r i c u l t u r a l use based on the range of crops t h a t can be produced on the l a n d ; the s o c i a l and economic environment, the r e l a t i v e l o c a t i o n of the a g r i c u l t u r a l l a n d and the management of t h a t l a n d can a l s o a f f e c t i t s a g r i c u l t u r a l p r o d u c t i v i t y . The encroachment of non-farm uses can g r a d u a l l y weaken and erode the e x i s t i n g a g a r i a n s t r u c t u r e . They can c r i t i c a l l y damage, "...the f a b r i c of the f a r m i n g community..." u n t i l the " . . . i n t r u s i o n of non-farm uses must l e a d to the c o l l a p s e of the b a l a n c e of the f a r m i n g community." (Rawson, 1976, 20) However, t h e r e i s no i n d e n t i f i a b l e t h r e s h o l d l i m i t or c r i t i c a l p o i n t a t which c o l l a p s e of the f a r m i n g community becomes i n e v i t a b l e . 2.2 A General Discussion of Land Use Conflicts Non-farm uses can impinge upon the a g r i c u l t u r a l community and farm uses by coming i n t o c o n f l i c t w i t h and n e g a t i v e l y a f f e c t i n g the i n d i g e n o u s a g r i c u l t u r a l environment, hence, the term, ' r u r a l l a n d use c o n f l i c t s ' . C o n v e r s e l y , a c t i v i t i e s of the a g r i c u l t u r a l community - 22 - and i t s normal uses of the l a n d can have a n e g a t i v e e f f e c t on and come i n t o c o n f l i c t w i t h the non-farm u s e s , t h e r e b y , g e n e r a t i n g more r u r a l l a n d use c o n f l i c t s . I t can be argued t h a t a c e r t a i n amount of non-farm development or c e r t a i n types of non-farm development or c e r t a i n t y p e s of non-farm development p r e s e n t s no problems f o r a g r i c u l t u r e and can even be b e n e f i c i a l t o the a g a r i a n community. Byrant and Russwurm g i v e as an example 'country r e s i d e n t i a l development', s a y i n g t h a t i t , " . . . p r e s e n t s no c o n f l i c t s w i t h a g r i c u l t u r e and t h a t b e n e f i c i a l r e l a t i o n s h i p s may even d e v e l o p , eg. g r e a t e r community v i a b i l i t y and more i n t e t g r a t i o n of farm and non-farm p e o p l e . " (1979, 131-2) B r y a n t and Russwurm are of the o p i n i o n t h a t i t i s o n l y a f t e r , "...a c e r t a i n l e v e l or r a t e of development has been exceeded t h a t c o n f l i c t s r e a l l y d e v e l o p . " But, Mary Rawson (1976) warns us, we do not know at which p o i n t the c o n f l i c t s become c r i t i c a l , and by then i t i s too l a t e . 2.2.1 Land Use C o n f l i c t s The term 'l a n d use c o n f l i c t s ' r e f e r t o the i n c o m p a t i b i l i t y of uses of l a n d . C e r t a i n l a n d uses by reason of t h e i r i n t r i n s i c q u a l i t i e s a r e i n c o m p a t i b l e w i t h o t h e r uses of the l a n d . However, the performance and s i t i n g of a use can i n f l u e n c e i t s c o m p a t i b i l i t y w i t h o t h e r uses as can the i n t e n s i t y of the use. The manner i n which a use i s c a r r i e d out, the time a t which the use o c c u r s and the presence of b u f f e r s or b a r r i e r s a r e o t h e r v a r i a b l e s which a f f e c t the c o m p a t i b i l i t y of l a n d u s e s . Because l a n d i s f i x e d i n l o c a t i o n , p r e s s u r e s o f t e n a r i s e f o r the r e l o c a t i o n , m o d i f i c a t i o n or t e r m i n a t i o n of the l a n d use which i s i n - 23 - c o n f l i c t w i t h other land uses. Although, there are c o n f l i c t s between land uses which are so minimal or occur so i n f r e q u e n t l y that no a c t i o n i s taken to resolve the c o n f l i c t s . C o n f l i c t s between land uses u s u a l l y i n f e r s change. A new land use has s t a r t e d i n the area, otherwise, an e x i s t i n g land use has e i t h e r expanded i t s operation or a l t e r e d the performance of i t s operation, such that i t i s now coming i n t o c o n f l i c t w i t h other land uses. Or conversely, a new land use might be a f f e c t e d n e g a t i v e l y by the p r e - e x i s t i n g land uses. However, as J a n e l l e points out, ...land use changes per se need not n e c e s s a r i l y lead to l o c a t i o n a l c o n f l i c t s . Nonetheless, areas having high l e v e l s of land use t r a n s i t i o n may be expected to generate more overt p u b l i c debate over land-use issues than areas of comparative s t a b i l i t y . "(1977,311) In some cases, c o n f l i c t s between land uses can be r e c o n c i l l e d or resolved through the m o d i f i c a t i o n of uses. For example, stopping the spraying of DDT on f r u i t trees and s u b s t i t u t i n g l e s s dangerous p e s t i c i d e s can make an orchard more compatible w i t h nearby r e s i d e n t i a l uses. However, there are c e r t a i n combinations of land uses which are simply not compatible, f o r example, an apartment b u i l d i n g adjacent to a feed l o t . An impasse of t h i s type u s u a l l y r e s u l t s i n one of the land uses being r e l o c a t e d or terminated. To r e i t e r a t e , because of the permance of s p a t i a l r e l a t i o n s h i p s between p a r c e l s of land, a c o n f l i c t i n g land use w i l l be subject to pressure f o r m o d i f i c a t i o n , r e l o c a t i o n or t e r m i n a t i o n . But i t i s not always the offending exogenous land use which i s subject to change or - 24 - re l o c a t i o n ; a pre-existing or 'passive' land use may be forced to change the nature of i t s operation, relocate or terminate i t s operation. ('Passive' use refers to that land use which does not have an impact on surrounding land uses, a vacant f i e l d being a good example.) 2.2.2 Rural Land Use Conflicts Rural land use c o n f l i c t s are i n d i c a t i v e of changes which are occurring i n the countryside as non-farm elements encroach on the r u r a l community, and subsequently a l t e r the composition of the community and disturb i t s s t a b i l i t y . The i n f l u x of urban elements create problems f o r and come into c o n f l i c t with the indigenous a g r i c u l t u r a l land uses. On the other hand, the r u r a l land uses can have a negative impact on and c o n f l i c t with the non-farm uses. Along with the c o n f l i c t s between non-farm and r u r a l land uses, there are also c o n f l i c t s between the- urban values and l i f e s t y l e s and the r u r a l values and l i f e s t y l e s . 2.2.3 The Interrelationship Between Land Use and People When examining land use c o n f l i c t s , i t i s also necessary to take into consideration the re l a t i o n s h i p s among land uses, human values, l i f e s t y l e s , and community structure. Land uses can not be studied i n i s o l a t i o n as i t i s people who are ultimately responsible for land use a c t i v i t i e s . These people have personal values which are l i k e l y to influence the type of land use a c t i v i t y that that person chooses to p a r t i c i p a t e i n or i s responsible f o r . The values of an i n d i v i d u a l are t y p i c a l l y r e f l e c t e d i n that i n d i v i d u a l ' s l i f e s t y l e . (For example, a - 25 - farmer i s l i k e l y to be an e a r l y r i s e r . ) The members of a community u s u a l l y have common values and l i f e s t y l e s (Horton, 1971). This s i m i l a r i t y of values and l i f e s t y l e s was at one time t y p i c a l of many r u r a l communities, as most members of a r u r a l community were e i t h e r farmers, members of a farming f a m i l y or farm workers. There were a few exceptions such as the l o c a l shopkeeper, the l o c a l school teacher, the law enforcement o f f i c e r , a p r i e s t , and perhaps some miners or f o r e s t e r s . However, t h i s r e l a t i v e l y homogenous and s t a b l e community s t r u c t u r e changed as the urban shadow spread across the countryside. For accompanying the m i g r a t i o n of the urban dweller to the countryside were not only the urban-oriented land uses of housing, s e r v i c e s and t r a n s p o r t a t i o n , but a l s o urban values and l i f e s t y l e s which were a l i e n to the r u r a l community. A German s c h o l a r , Toenies, developed the concepts of 'gemeinschaft' and g e s e l l s c h a f t ' to denote types of group r e l a t i o n s or communities. Gemeinschaft r e l a t i o n s are per s o n a l , i n f o r m a l , t r a d i t i o n a l and homogenous, s i m i l a r to those of the small r u r a l town at the s t a r t of the century. G e s e l l s c h a f t r e l a t i o n s or communities are more impersonal, for m a l , u t i l i t a r i a n and hetrogenous as are the r e l a t i o n s h i p s i n urban communities today (Horton,1971). These d i f f e r e n c e s between the r u r a l and urban l i f e s t y l e s and values w i l l be i n t e g r a l to the d i s c u s s i o n of r u r a l land use c o n f l i c t s , f o r not only do the r u r a l and non-farm land uses come i n t o c o n f l i c t , but the a f f l i a t e d values and l i f e s t y l e s do so as w e l l . Today, there are very few purely r u r a l communities i n t h i s n a t i o n ; - 26 - w i t h the exception of those a g r i c u l t u r a l communities or c o l l e c t i v e s that are composed of r e l i g i o u s sects such as H u t t e r i t e s and Mennonites. The communications r e v o l u t i o n l i e s behind the r a t i o n a l e f o r t h i s l a s t statement. As Oberlander notes i n Beaubien and Tabacnik: As soon as you open up the r a d i o , TV and newspaper processes, he and she are t o t a l l y consumed by urban values, urban a s p i r a t i o n s and urban i n c e n t i v e s , and a s p i r e to a Canadian-wide urban system of values. The dichotomy which i s sometimes assumed between urban and r u r a l r e a l l y i s no longer there. (1977, 87). The communications r e v o l u t i o n has had a homogenizing e f f e c t on the d i f f e r e n c e s between r u r a l and urban values (Qadeer, 1979). 2.3 Causes of Urban Sprawl Before d i s c u s s i n g r u r a l land use c o n f l i c t s i n more d e t a i l , i t would be u s e f u l to examine the causative f a c t o r s of urban sprawl. Generally speaking, i t can be s a i d that there are f i v e causes of the phenomena of urban sprawl: 1) the negative elements of the c i t y (congestion, high crime r a t e s , lack of space, higher taxes, e t c . ) ; 2) the p o s i t i v e a t t r i b u t e s of the countryside as perceived by c i t y dwellers (clean a i r , spaciousness, low taxes, l a c k of governmental c o n t r o l and i n t e r f e r e n c e , good environment to r a i s e c h i l d r e n , e t c . ) ; 3) the r e l a t i v e p r i c e of land (cheaper than i n the c i t y ) ; 4) improved a c c e s s i b i l i t y to and from the country-side because of freeways, highways, cheap gasoline and i n c r e a s i n g a v a i l a b i l i t y of the automobile; and 5) improved communication - 27 - w i t h the c i t y and the r e s t of the world through t e l e v i s i o n s , the telephone syndicated newspapers, magazines and so f o r t h . C o l l e c t i v e l y , these are the f i v e general causes of urban sprawl which have lead to the changes i n the countryside. Conversely, there i s a l s o a gradual migration of r u r a l i t e s to urban centres. Many of the same forces which have caused urbanites to move out to the suburbs and beyond, are causing the r u r a l i t e to move i n t o the c i t y . In a r e v e r s a l of the 'push-pull' e f f e c t of the c i t y (the push of the negative elements) and the countryside (the p u l l of i t s p o s i t i v e elements), the r u r a l i t e s have overlooked the s o - c a l l e d negative elements of the c i t y f o r what they consider to be p o s i t i v e aspects of the urban centres: the a v a i l a b i l i t y of jo b s , the night l i f e , the d i v e r s i t y of the urban landscape, the lack of conformity and s o c i a l c o n t r o l s , and the close p roximity of s e r v i c e s . R u r a l i t e s were already aware of the negative aspects of r u r a l l i v i n g : the distances between l o c a t i o n s , the lac k of entertainment, r i g i d s o c i a l c o n t r o l s , low wages, and the hard p h y s i c a l labour of most employment i n agarian communities. The same highways and freeways that o f f e r e d urbanites improved a c c e s s i b i l i t y t o the countryside, allowed r u r a l i t e s to commute to the c i t y to take advantage of employment o p p o r t u n i t i e s . T e l e v i s i o n and other mass media has d i f f u s e d the urban way of l i f e and urban values to the r e s i d e n t s of the countryside. Increases i n the p r i c e of land due to competition from non-farm uses f o r a g r i c u l t u r a l land discouraged farmers from buying more land f o r farming and has persuaded them to s e l l t h e i r land to developers and r e t i r e from farming. - 28 - 2.4 Rural Land Use Conflicts: The Problem Statement How the causative f a c t o r s of urban sprawl transformed the r u r a l landscape and lead to land use c o n f l i c t s between a g r i c u l t u r a l and non-farm uses w i l l now be discussed. No one s i n g l e f a c t o r i s the sole cause of urban sprawl; i t i s the i n t e r - r e l a t i o n s and the dynamics of the f i v e f a c t o r s c i t i e d above which have created the rur a l - u r b a n f r i n g e . No one f a c t o r can be s a i d to be more responsible than another f o r causing the urban sprawl which has lead to the c r e a t i o n of r u r a l land use c o n f l i c t s . 2.4.1 Inflated Price of Land The r e l a t i v e l y inexpensive land i n the countryside as compared to the land i n the c i t y o f f e r s some very a t t r a c t i v e p r o f i t s f o r developers and s p e c u l a t o r s . Raup comments: Put y o u r s e l f i n the developer's shoes. Can he a f f e c t the labour wages that he pays? Only i n marginal cases. Can he a f f e c t the i n t e r e s t r a t e he pays? In some cases, yes, but i n general he must compete f o r c a p i t a l i n a n a t i o n a l market. Can he a f f e c t the p r i c e of b u i l d i n g m a t e r i a l ? Probably not very much, even i f he i s a l a r g e - s c a l e developer. What can he a f f e c t ? The cost of land. His success depends on buying land cheap, s e l l i n g i t dear. Everything e l s e that he buys i s purchased i n a n a t i o n a l market and at p r i c e l e v e l s over which he has l i t t l e i n f l u e n c e . But he can l e a p f r o g , buy and develop cheap land, mount an adequate a d v e r t i s i n g campaign and persuade pro- s p e c t i v e home-buyers to share w i t h him i n the a n t i c i p a t e d c a p i t a l gain. His marketing and management s k i l l s are focussed on land value a p p r e c i a t i o n . He succeeds only i f he can suburbanize the countryside. The present s t r u c t u r e of the urban land market confronts him w i t h an option that he can't refuse. As long as leap-frogging permits him to capture a part of the economic rent created - 29 - by l a n d v a l u e a p p r e c i a t i o n , t h i s source of p o t e n t i a l p r o f i t w i l l dominate h i s m a n a g e r i a l a c t i v i t i e s . I t i s the main but not the o n l y determinant of our p a t t e r n of d i s p e r s e d urban s e t t l e m e n t . (1975, 374) G ranted, t h i s l e a p f r o g g i n g of development can be c o n t r o l l e d t h r o u g h o r d e r l y development s t r a t e g i e s , however, many communities f a c i n g development p r e s s u r e s do not u s u a l l y have s t r a t e g i e s f o r o r d e r l y growth i n p l a c e u n t i l the i n c r e a s e s i n l a n d p r i c e s become s i g n i f i c a n t or the s c a t t e r i n g of development throughout the community n e c e s s i t a t e s the u p g r a d i n g or c o n s t r u c t i o n of l o c a l s e r v i c e s . Many communities may a l s o i n i t i a l l y welcome a l l and any l a n d development p r o p o s a l s because of the i n c r e a s e d t a x base and th e p e r c e i v e d economic b e n e f i t s of development. There i s a l s o the problem of p r o t e c t i n g a g r i c u l t u r a l l a n d from, ". . . t h e d i s p e r s e d i n f l u e n c e s of urban people s e e k i n g r u r a l p r o p e r t i e s , r u r a l r e c r e a t i o n , or whatever e l s e they are s e e k i n g i n the c o u n t r y s i d e . T h i s p r e s s u r e i s more s u b t l e and w i d e s p r e a d . " (Rodd, 1979, 12) The demand f o r a g r i c u l t u r a l l a n d by p r i v a t e buyers can a l s o push the p r i c e up. I r r e s p e c t i v e of whether the l a n d i n an a g a r i a n community i s p urchased by a d e v e l o p e r , a s p e c u l a t o r or a p r i v a t e l a n d owner, the purchase of r u r a l l a n d f o r non-farm purposes can have s i g n i f i c a n t i m p l i c a t i o n s f o r the a g r i c u l t u r a l community, p a r t i c u l a r l y i f l a r g e amonts of l a n d are consumed f o r non-farm purposes. " I n c r e a s i n g non-farm ownership of l a n d and f a r m l a n d s p e c i f i c a l l y , i s h e l d t o have an i n f l a t i o n a r y e f f e c t on l a n d p r i c e s , p u s h i n g the expected v a l u e o f f a r m l a n d f a r beyond i t s v a l u e f o r a g r i c u l t u r a l p u r p o s e s . " (Bryant and - 30 - Russwurm, 1979, 30) I n f l a t e d p r i c e s f o r land make i t expensive and uneconomical f o r the farmer to buy more land to expand the s i z e of h i s operation. (Modern technology and the economies of scale can demand that an operation be expanded to remain commercially v i a b l e . ) The high p r i c e s of a g r i c u l t u r a l land can a l s o make i t very expensive, i f not im p o s s i b l e , f o r a s t a r t i n g farmer to be able to a f f o r d to purchase land. Even the r e n t a l p r i c e of leased a g r i c u l t u r a l land can be i n f l a t e d by the demand f o r land or the terms of a g r i c u l t u r a l leases can be shortened. I f the lease of the land i s only short-term or there i s u n c e r t a i n i t y about how long the land can be leased before i t i s developed, the farmer can be h e s i t a n t to i n v e s t c a p i t a l i n improving the land and may have d i f i c u l t i e s i n o b t a i n i n g loans to buy machinery and make improvements because of the l a c k of s e c u r i t y . Conversely, the increased market p r i c e of the farmland makes i t very a t t r a c t i v e f o r the farmer to s e l l h i s property. 2.4.2 Land Fragmentation I n areas where there i s an i n t e n s i v e demand f o r a g r i c u l t u r a l land f o r non-farm uses, unless there are adequate c o n t r o l s i n pla c e , the land can be subdivided f o r non-farm uses i n t o p a r c e l s i z e s too small f o r commercial a g r i c u l t u r e . S u b d i v i s i o n of a g r i c u l t u r a l land i n t o smaller p a r c e l s u s u a l l y r a i s e s the cost of the land per acre, which can make i t p r o h i b i t i v e l y expensive f o r re-assembly of the subdivided p a r c e l s at some future date i n t o a p a r c e l s i z e large enough to be used f o r - 31 - a g r i c u l t u r a l purposes. Another problem i s the d i f f i c u l t y of persuading a l l of the land owners of the subdivided p a r c e l s to s e l l t h e i r land. Therefore, i t becomes both expensive and d i f f i c u l t to assembly samller p a r c e l s at some fu t u r e date i n t o a p a r c e l s i z e large enough f o r a g r i c u l t u r a l use. While the c o n s o l i d a t i o n of the fragmented parc e l s i s t e c h n i c a l l y p o s s i b l e , i n r e a l i t y , s u b d i v i s i o n of farmland i s v i r t u a l l y an i r r e v e r s i b l e process. 2.4.3 T a x a t i o n I n c r e a s e s Due t o t h e Demand f o r Improved S e r v i c e s Not only can the p r i c e of land be i n f l a t e d , but the taxes on that land can a l s o r i s e , as Bryant and Russwurm note: Non-farm development, e s p e c i a l l y of the s c a t t e r e d type of r e s i d e n t i a l development, has a l s o been held to create problems i n terms of property t a x a t i o n , and c o n f l i c t s due to i n c o m p a t i b i l i t i e s . The property t a x a t i o n i s s u e , although an o l d one, i s not e x t e n s i v e l y documented. As country r e s i d e n t i a l development spreads and i n t e n s i f i e s , there i s an obvious demand i n c r e a s e f o r c e r t a i n p u b l i c s e r v i c e s , even though some types of people who move to the countryside may shun these i n t h e i r quest f o r a r u r a l l i f e s t y l e . The o v e r a l l increase i n demand, how- ever, r e q u i r e s i n c u r r i n g a d d i t i o n a l municipal c o s t s , the apparent problem i s that the increase i n revenue from t a x a t i o n of non-farm r e s i d e n t i a l p r o p e r t i e s o f t e n has not been s u f f i c i e n t to cover such cos t s . The permanent farm pop u l a t i o n may have to carry an u n f a i r p r o p o r t i o n of the tax burden compared to the 'newcomers'. Evidence i s sparse although i t g e n e r a l l y points i n t h i s d i r e c t i o n . (1979, 131) Ex-urbanites who have moved to the countryside are accustomed to a higher standard of s e r v i c e s i n the c i t y . Services such as paved roads, - 32 - sidewalks, s t r e e t l i g h t s , p r e s s u r i z e d water supply systems, sewer systems, bus s e r v i c e , a f u l l - t i m e f i r e p r o t e c t i o n s e r v i c e , a l o c a l h o s p i t a l and a l o c a l l y s t a t i o n e d law enforcement o f f i c e are a l l part of every day l i f e i n the c i t y . However, few of these s e r v i c e s are considered e s s e n t i a l to an agarian community. In an agarian community, one u s u a l l y f i n d s a volunteer f i r e department. Sidewalks and s t r e e t l i g h t s aren't u s u a l l y found, nor are a l l the roads paved. Depending on i t s a v a i l a b i l i t y , water can be obtained from w e l l s and streams. The p a r c e l s i z e s are la r g e enough to al l o w f o r s e p t i c systems. The h o s p i t a l and p o l i c e department can be loc a t e d i n a r e g i o n a l town centre. There i s u s u a l l y no l o c a l bus s e r v i c e . Aside from expectations of a higher l e v e l of s e r v i c e s , the i n f l u x of ex-urbanites i n t o r u r a l areas might n e c e s s i t a t e improved s e r v i c e s . The density of the non-farm r e s i d e n t s may d i c t a t e the need f o r pr e s s u r i z e d water supply systems and sewer systems. (The former depending on the source of the water supply and i t s a v a i l a b i l i t y and the l a t t e r depending on the p e r c o l a t i o n rate of the s o i l , slope of the land and p a r c e l s i z e . ) With c h i l d r e n i n the area there i s a need f o r more schools or e l s e bus s e r v i c e to schools i n the c i t y . Commercial a c t i v i t i e s may need sidewalks and s t r e e t l i g h t s . Insurance rates f o r commercial a c t i v i t i e s and other non-farm uses are g e n e r a l l y cheaper i f there i s a f u l l - t i m e f i r e department i n the community. The paving of roads might be needed to overcome the dust and r u t s created by the increased t r a f f i c . The ex-urbanites might need a bus s e r v i c e to commute to work i n the c i t y . Ditches might be required or e l s e a storm sewer - 33 - system needed to handle the increased run-off from the b u i l t - u p areas. Not only can the c o n s t r u c t i o n and i n s t a l l a t i o n of these s e r v i c e s place an a d d i t i o n a l tax burden on the farmer but they can a l s o consume a g r i c u l t u r a l land. U t i l i t y and t r a n s p o r t a t i o n c o r r i d o r s can fragment the landscape and create obstacles to the movement of animals and machinery. 2 .4.4 Competition for Agricultural Land by Non-Farm Uses Other Than Residential To worsen matters, aside from r e s i d e n t i a l development, there i s a l s o competition f o r a g r i c u l t u r a l land from commercial, manufacturing, i n d u s t r i a l , i n s t i t u t i o n a l and r e c r e a t i o n a l land uses. These types of land uses which can sometimes requ i r e larege areas of f l a t land can have serious impacts on the surrounding a g r i c u l t u r a l land uses aside from the increases i n property values and taxes described above. They can act as a magnet, a t t r a c t i n g a c t i v i t i e s of a l i k e nature i n t o the area so that they can p r o f i t from the b e n e f i t s of agglomeration. C l a s s i c examples of t h i s are the i n d u s t r i a l p l a n t s which develop i n t o i n d u s t r i a l parks and shopping centres which grow i n t o sub-regional commercial centres. The labour force needed f o r these operations and a c t i v i t i e s often i s found i n the urban centre rather that the l o c a l community. Rather than commute, the members of the labour f o r c e may seek housing i n the r u r a l area thus c r e a t i n g a demand f o r r e s i d e n t i a l development, which can i n turn create a demand f o r improved s e r v i c e s . These a c t i v i t i e s a l s o consume a g r i c u l t u r a l land. A g r i c u l t u r a l land - 34 - because of i t s t y p i c a l l y large p a r c e l s i z e , i t s u s u a l l y f l a t t e r r a i n and i t s r e l a t i v e l y a f f o r d a b l e p r i c e combined w i t h the growing lack of space i n urban centres f o r these land-extensive uses can make a g r i c u l t u r a l land very a t t r a c t i v e f o r commercial, manufacturing, i n d u s t r i a l , i n s t i t u t i o n a l and r e c r e a t i o n a l land uses. However, i t should be noted that r e c r e a t i o n a l land uses do not always have the same negative impact on the surrounding a g r i c u l t u r a l uses as do the other uses l i s t e d above. Moreover, the land i t s e l f may not be permanently destroyed f o r a g r i c u l t u r a l use by c e r t a i n r e c r e a t i o n a l uses, eg. a g o l f course. Another p o s s i b l e non-farm use of a g r i c u l t u r a l land i s the d i s p o s a l of waste from the urban centres. S a n i t a r y l a n d f i l l s not only consume a g r i c u l t u r a l land but they can a l s o have a negative impact on adjacent farmlands by a t t r a c t i n g b i r d s (which eat the seeds and produce) and bears i n t o the area and the p o s s i b i l i t y of the escape of leachates i n t o drainage d i t c h e s . This p r a c t i c e of l o c a t i n g commercial, manufacturing, i n d u s t r i a l , i n s t i t u t i o n a l and r e c r e a t i o n a l a c t i v i t i e s , not to mention waste d i s p o s a l s i t e s , i n r u r a l areas was brought about the l a c k of space i n the c i t i e s and improvements i n t r a n s p o r t a t i o n and t r a n s p o r t a t i o n networks. Freeways and highways allow consumers to d r i v e to the commercial centres. Parking space can be provoded. The Trans-Canada has reduced the dependance of i n d u s t r i a l and manufacturing firms on r a i l and sea. Urbanites who wish t o , can d r i v e to the country on the weekends to recreate and escape the noise and congestion of the c i t y . However, despite the negative impact of these types of uses on - 35 - a g r i c u l t u r a l land uses, the consumption of a g r i c u l t u r a l land and the changes i n the s t r u c t u r e and environment of the r u r a l community, many l o c a l governments are i n t e r e s t i n a t t r a c t i n g these uses and other development i n t h e i r communities. The reason being that development does increase the tax base, i t can o f f e r employment o p p o r t u r n i t i e s to the l o c a l population and there i s a movement of c a p i t a l i n t o the area. 2.4.5 Impact of Transportation Corridors and U t i l i t y Corridors T r a n s p o r t a t i o n c o r r i d o r s (road and r a i l ) can s i g n i f i c a n t l y a f f e c t land use d i s t r i b u t i o n p a t t e r n s , f o r as W a l l e r s t e i n notes: Improved r e g i o n a l a c c e s s i b i l i t y p r e c i p i t a t e d by the highway may increase the region's employment o p p o r t u n i t i e s . In t u r n , t h i s increased a c t i v i t y may urbanize a p o r t i o n of the region's a g r i c u l t u r a l land. At the ru r a l - u r b a n f r i n g e , the usu r p t i o n of a g r i c u l t u r a l land because of improved a c c e s s i b i l i t y to the urban's region s e r v i c e s and labour f o r c e i s a frequent occurence. In e f f e c t , the highway causes a r e d i s t r i b u t i o n of urban land use i n t o the a g r i c u l t u r a l area. (1979,31) Tr a n s p o r t a t i o n c o r r i d o r s as w e l l as u t i l i t y c o r r i d o r s ( h y d r o l i n e s and p i p e l i n e s ) can a l s o b i s e c t a g r i c u l t u r a l operations i f they do not f o l l o w property l i n e s . A highway can become a major obstacle to the farm use of a property. I t can d i s r u p t any t i l e drainage systems and render r e g u l a r farm machinery unuseable because of the i r r e g u l a r and reduced p a r c e l s i z e . Unless s p e c i a l underpasses or overpasses are constructed, the a c c e s s i b i l i t y to any p o r t i o n s of the property on the other side of the highway i s r e s t r i c t e d . I t i s very dangerous f o r a - 36 - farmer to move farm machinery and animals across or along a highway. 2.4.6 Physical Impacts Aside from those impacts of urban encroachment which affect the farming community as a whole (inflated land prices, competition between uses for land, increased taxes, the demand for improved services) there are also those impacts of non-farm development which affect farmers on a more individual and selective basis. Most of these types of rural land use conflicts arise from such things as waste management and disposal, odour problems, farm machinery and animals on the roads, the spraying of crops, early morning activities, and late night noise in the harvest season. All of these activities are indigenous to the agarian community and the result of common farm practices. However, to the ex-urbanite, the smells and sounds of agriculture are not generally thought to be part of the pastoral setting of the rural landscape. Urbanites before moving to the countryside often forget that animal waste smells, that farm machinery moves slowly and that farmers start work at daybreak. Even if a farmer practices sound management, there are s t i l l going to be conflicts unless the ex-urbanite is willing to adapt to the realities of rural living. Unfortunately, rural land use conflicts can also be generated by the poor management practices of some farmers. Poor management can lead to instances such as the pollution of water supply sources from excess fertilization, contamination of water supply sources by cattle crossing streams, the attraction of rodents into the area, excessive odour - 37 - problems, and the a c c i d e n t i a l spraying of neighbouring p r o p e r t i e s . I f the urbanites who l i v e the r u r a l community aren't already complaining about a g r i c u l t u r a l a c t i v i t i e s , they are most c e r t a i n to complain about c o n f l i c t s and problems a t t r i b u t a b l e to poor management techniques. Non-farm development can a l s o have a negative impact on the n a t u r a l environment i n such a f a s h i o n that i t comes i n t o c o n f l i c t w i t h the a g r i c u l t u r a l community. This type of c o n f l i c t most often a r i s e s over water supply. I f i t i s l i m i t e d or the water source i s groundwater, there could be competition among the users f o r i t . Farmers who need water f o r i r r i g a t i o n may f i n d that they are competing w i t h domestic users. Year round use of the water by domestic users can lower the amount of water i n the storage r e s e r v o i r , c r e a t i n g a short f a l l i n the dry season. I f there should be a l a c k of water i n the summer, f o r whatever reason, i r r i g a t i o n would most l i k e l y be r e s t r i c t e d or even stopped. In the case of groundwater, the depth of the a q u i f i e r s may be lowered by the d r i l l i n g of new w e l l s and the increased consumption of groundwater. Farmers may be forced to d r i l l t h e i r w e l l s deeper to maintain t h e i r water supply or e l s e b u i l d r e s e r v o i r s or catchment basins on t h e i r land at the cost of arable acreage. As mentioned e a r l i e r , another problem caused by non-farm development i s the increased area of impermeable ground cover ( i . e . b u i l d i n g s , roads) which causes increased run-off. "More pavement and l e s s vegetation r e s u l t i n increased storm water r u n o f f , and s o i l e r o s i o n w i l l occur." ( C o u n c i l on Environmental Q u a l i t y , 1974, 31) S o i l e r o s i o n i s a problem that most farmers are already f a c i n g . The excess run-off - 38 - can a l s o accummulate i n depressions and lowlands r e q u i r i n g improved drainage of f i e l d s . 2.4.7 Social and Psychological Impacts Aside from these p h y s i c a l and economic i n c o m p a t i b i l i t i e s which are created by urban sprawl, there are a l s o the s o c i a l and p s y c h o l o g i c a l impacts of urban encroachment. As the urbanites move i n t o the countryside, they b r i n g w i t h them t h e i r urban-oriented values and l i f e s t y l e s . The ex-urbanites are not u s u a l l y a s s i m i l a t e d i n t o the r u r a l community's s o c i a l s t r u c t u r e because of t h e i r s o c i a l d i f f e r e n c e s and urban-oriented outlooks on l i f e . Ex-urbanites w i l l u s u a l l y maintain many of t h e i r urban values and l i f e s t y l e s through urban f r i e n d s and employment i n the c i t y . The a s s o c i a t i o n a l r e l a t i o n s h i p s of the urba n i t e of ' g e s e l l s c h a f t ' e v e n t u a l l y predominant i n the r u r a l community as the 'gemeinschaft' r e l a t i o n s d e t e r i o r a t e (Halverson, 1980, 369-70). As Rodd points out, "The t r a d i t i o n a l farm-based community c h a r a c t e r i s t i c s are d i l u t e d and d i s l o c a t e d , w i t h many farm f a m i l i e s f e e l i n g a l i e n a t e d from t h e i r t r a d i t i o n a l s o c i a l framework." (1976, 168) These d i f f e r e n c e s i n value s , l i f e s t y l e s and ass o c i a t e d r e l a t i o n s h i p s between the r u r a l community and the ex-urbanites are r e f l e c t e d i n manyof the r u r a l land use c o n f l i c t s already d e s c r i e d . Vandalism and trespass are land use c o n f l i c t s which plague the farmer and can be a t t r i b u t a b l e to s o c i a l d i f f e r e n c e s . C h i l d r e n from an urban background who have moved i n t o the area oftentimes don't appreciate the nature of a g r i c u l t u r a l a c t i v i t i e s . They w i l l open - 39 - l i v e s t o c k gates, harass farm animals, allow t h e i r dogs to chase animals, s t e a l produce from the f i e l d s , d r i v e a l l - t e r r a i n v e h i c l e s across the f i e l d s , and s t e a l farm equipment and produce. The parents of these c h i l d r e n are u n l i k e l y to warn them against these a c t i v i t e s or even be aware of the problems that t h e i r c h i l d r e n are c r e a t i n g . The a d u l t s may even be r e s p o n s i b l e f o r the c h i l d r e n p a r t i c i p a t i n g i n these a c t i v i t i e s and may even do so as w e l l . These c o n f l i c t s between the farmers and ex-urbanites can become so extreme that farmers j u s t give up farming and s e l l t h e i r land. Several such instances have been documented i n the Greater Vancouver area (Rawson, 1976). Stephen Rodd has i d e n t i f i e d four reasons why farmers stop farming and allow t h e i r land to e i t h e r l a y i d l e or be s o l d f o r non-farm purposes: 1. A f t e r s e v e r a l years of low returns on crop s a l e s , the farmer gives up hope of economic recovery and e i t h e r gives up or s e l l s out. 2. Personal reasons such as poor h e a l t h , d i v o r c e , age, e t c . 3. "A region's s o i l s and climate may cease to give acceptable incomes because of prolonged g i f t s i n technology, markets, or p r i c e s of i n p u t s . " 4. The whole region g r a d u a l l y s t a r t s to b e l i e v e that there i s no f u t u r e f o r farming i n the area. "This idea i n f e c t s farmers, t h e i r neighbours, t h e i r dealers and the county c o u n c i l , despite good s o i l s and good markets. An area's mood and character can change i f many farms have become estates or hobby farms and i f a c t i v e farmers seeking to buy land to expand, or t h e i r sons wanting to own farms can not a f f o r d to buy land because some c i t y mechanic, p r o f e s s o r , doctor or salesman i s w i l l i n g to pay more than the farmer can j u s t i f y . " (Rodd, 1979, 12). - 40 - One or more of these reasons may cause a farmer to quit farming, however, i t is the fourth which could be labelled the 'psychological' conflict of urban sprawl. The atmosphere in the rural community is no longer conducive to the continuance of agricultural practices. This pessimistic environment combined with the farmer's difficulties in coping with other rural land use conflicts and the inflated selling price of land, makes it very tempting for the farmer to sell his property. 2.4.8 Changes i n the P o l i t i c a l Composition of the Rural Community If the ex-urbanite population continues to grow as non-farm development increases in the rural community, the exurbanites can become invovled in local politics and have a voice in local government. The composition of the local political scence is changed and is, "...more influenced by the interests, needs and opinions of the new urban orientated inhabitants." (Rodd, 1976a, 168) Credence and political support are given to the ex-urbanites' demands for the upgrading of local services and the encouragement of more non-farm development in the community through their representation of the local council or board. The lack of understanding of the nature of the agricultural community by the ex-urbanites may be reflected in the decisions of councils which are dominated by ex-urbanites. Planning decisions may take on a pro-development bias. The representation of ex-urbanites in local politics can accelerate and exacerbate rural land use conflicts. However, there are those ex-urbanites living in the countryside who -}'«. - 41 - wish to prevent further development from occurring i n the r u r a l area. These ex-urbanites have moved into the area and wish to preserve i t s r u r a l character. There may also be the fear the further development w i l l mean higher taxes. Some of the ex-urbanites l i v i n g on 'hobby farms' may farm t h e i r parcel of land because of a conscious r e j e c t i o n of urban values and l i f e s t y l e s . Another common reason for farming the land i s to avoid paying higher taxes on the land. (There are often tax reductions i f the land i s assessed for taxation purposes as farm land). Whatever the reason for the e f f o r t s of the ex-urbanite at farming, i t does s t i l l help the ex-urbanite to empathize with the l o c a l farmers and to have a better understanding of a g r i c u l t u r a l p r a c t i c e s . Ex-urbanites who are sympathetic to the farmer or wish to prevent further non-farm development i n the area are not as l i k e l y to have a s i g n i f i c a n t impact on the s o c i a l and p o l i t i c a l composition of the r u r a l community; although there w i l l s t i l l be the physical impacts such as the a l i e n a t i o n of a g r i c u l t u r a l land. 2.4.9 S p e c u l a t i o n , F o r e i g n I n v e s t m e n t and A b s e n t e e L a n d Owners Speculators, much the same as developers, buy a g r i c u l t u r a l land because i t i s cheaper than land i n the c i t y and can be purchased i n large blocks. The speculator can then either try to get the land rezoned, wait u n t i l the land i s rezoned, or else convince a buyer that the land can be rezoned for non-agricultural purposes. I f the speculator can achieve any of these goals, then the land can be sold for a higher price than i t was purchased f o r . The length of holding the - 42 - land depends on the a n t i c i p a t e d returns from the s a l e of a rezoned p a r c e l of land and the f i n a n c i a l resources of the speculator to absorb the costs of h o l d i n g the land. In c e r t a i n i n s t a n c e s , the returns from the land can be s u b s t a n t i a l . The concern here i s not whether s p e c u l a t i o n i s good or bad, rather i t i s the l i k e l i h o o d of absentee ownership while the land i s being h e l d . There has been a trend l a t e l y f o r f o r e i g n e r s to buy land i n Canada f o r various reasons such as the p o l i t i c a l s t a b i l i t y of our n a t i o n . The i n t e n t behind the purchase of the land may only be f o r investment reasons or there may be the hope that the land may one day be developed f o r non-farm purposes. I r r e s p e c t i v e of the n a t i o n a l i t y of the i n v e s t o r s , f o r e i g n investment u s u a l l y r e s u l t s i n absentee l a n d l o r d s , as does s p e c u l a t i o n . I f the owners of a p a r c e l of a g r i c u l t u r a l land do not r e s i d e on the property, i . e . they are absentee landowners, the land can e i t h e r be removed from a g r i c u l t u r a l production and l e f t i d l e or e l s e the land can be leased out. I r r e s p e c t i v e of whether the land i s l y i n g i d l e or being leased f o r a g r i c u l t u r a l use, i t s t i l l can create problems f o r the a g r i c u l t u r a l community. I f the land i s i d l e , the lack of management may lead to i t s d e t e r i o r a t i o n f o r a g r i c u l t u r a l use. As mentioned e a r l i e r , a short term lease on a p a r c e l of a g r i c u l t u r a l land w i l l discourage a farmer from making any c a p i t a l i n t e n s i v e improvements to the land such as t i l e drainage f i e l d s and f e n c i n g . There i s a l s o a problem f o r farmers to get loans or government grants to make improvements to lands that they only lease. I d l e and leased land can create an environment of - 43 - u n c e r t a i n t y i n the surrounding area, as the adjacent l a n d l o r d s are not sure of the f u t u r e use of the property. Because i f the property should one day be u t i l i z e d f o r non-farm purposes, i t can have serious impacts on the neighbouring a g r i c u l t u r a l use, thus, the farmer becomes unsure of t h i s f u t u r e . This u n c e r t a i n t y created by s p e c u l a t i o n and absentee landownership combined w i t h the other p s y c h o l o g i c a l impacts of urban sprawl can c o n t r i b u t e to the disinvestment i n a g r i c u l t u r a l use of land. There can be a s h i f t to l e s s c a p i t a l i n t e n s i v e types of a g r i c u l t u r e such as forage crops and those types of a g r i c u l t u r a l a c t i v i t i e s which requ i r e shorter term investments. Farmers too, can become in v o l v e d i n land s p e c u l a t i o n . Often times, a farmer depends on the s a l e of h i s property to provide him w i t h the necessary fund to r e t i r e upon. I f a farmer can get h i s property rezoned f o r non-farm use or convince a speculator or developer to purchase the land w i t h the i n t e n t of rezoning, the s e l l i n g p r i c e of the land, hence, the farmer's retirement fund, w i l l be much higher. However, i f the land i s not zoned as a g r i c u l t u r a l , the farmer has a b e t t e r chance of a higher s e l l i n g p r i c e f o r the land. This concern of the farmers w i t h the s e l l i n g p r i c e of t h e i r property i n f l u e n c e s t h e i r acceptance of any land use c o n t r o l s on t h e i r land and must be considered when d i s c u s s i n g land use c o n t r o l of a g r i c u l t u r a l land. Many farmers w i l l object to the implementation of s t r i n g e n t land use c o n t r o l s on t h e i r land. 2.5 Summary I n t h i s s e c t i o n , s u f f i c i e n t evidence has been given to s u b s t a n t i a t e the need f o r a study of r u r a l land use c o n f l i c t s . Even though r u r a l - 44 - land use c o n f l i c t s are only one of the problems plaguing the a g r i c u l t u r a l sector today, the importance of the a g r i c u l t u r a l i n d u s t r y i n Canada d i c a t e s that close a t t e n t i o n be paid to every problem, i n c l u d i n g the l e s s obvious, more d i s c r e t e problems of r u r a l land use c o n f l i c t s . The r u r a l - u r b a n f r i n g e has been de l i n e a t e d as the context w i t h i n which the problem of r u r a l land use c o n f l i c t s w i l l be st u d i e d . The nature and causes of land use c o n f l i c t s have been discussed i n general terms and then a p p l i e d to a more d e t a i l e d examination of r u r a l land use c o n f l i c t s . The impact of urban sprawl and non-farm development on the r u r a l community has been recognized as the i n s t i g a t i v e force behind r u r a l land use c o n f l i c t s . The d i r e c t and i n d i r e c t impacts of urban sprawl were d i f f e r e n t i a t e d between. The d i r e c t impact of urban sprawl being the consumption of a g r i c u l t u r a l land. The i n d i r e c t impacts of urban sprawl which cause r u r a l land use c o n f l i c t s were i d e n t i f i e d as: 1) i n f l a t e d p r i c e of land; 2) p a r c e l fragmentation; 3) t a x a t i o n increases due to the increased demand f o r improved s e r v i c e s ; 4) competition f o r a g r i c u l t u r a l land by non-farm uses; 5) impact of t r a n s p o r t a t i o n c o r r i d o r s on land use d i s t r i b u t i o n ; 6) p h y s i c a l impacts; 7) s o c i a l and p s y c h o l o g i c a l impacts; 8) changes i n the p o l i t i c a l composition of the r u r a l community; and 9) s p e c u l a t i o n , f o r e i g n investment and absentee landowners. The r e s u l t a n t c o n f l i c t s of each of these impacts were described. Interwoven i n t h i s d e s c r i p t i o n of r u r a l land use c o n f l i c t s were b r i e f i n t r o d u c t i o n s to the i n t e r e s t groups of the rural-urban f r i n g e and t h e i r concerns. - 45 - I n the next s e c t i o n the l e g i s l a t i v e framework w i l l be examined and the r o l e s of the various l e v e l s of government w i l l be discussed. This w i l l e s t a b l i s h the groundwork f o r the f o l l o w i n g s e c t i o n on the c o n t r o l and management of r u r a l land use c o n f l i c t s . - 46 - CHAPTER I I I LEGISLATIVE FRAMEWORK 3.1 D e l l n a t i o n o f A u t h o r i t y When d i s c u s s i n g land-use p o l i c y , i t i s f i r s t necessary to d e l i n a t e the r e s p e c t i v e powers of the two crowns. Under the p r o v i s i o n s of the BNA Act of 1867, the f e d e r a l government has l i m i t e d j u r s i d i c t i o n over land u s e i the provinces. I t s j u r s i d i c t i o n i s r e s t r i c t e d to f e d e r a l l y c o n t r o l l e d lands which are needed f o r such purposes as m i l i t a r y i n s t a l l a t i o n s , a i r p o r t s , major p u b l i c works, and so f o r t h . The f e d e r a l government a l s o has r e s p o n s i b i l i t y f o r "Indians and Lands Reserved f o r Indians" (BNA A c t , 1967, S e c t i o n 91 ( 2 4 ) ) . Section 92 which enumerates the powers assigned e x c l u s i v e l y to the provinces i n c l u d e s subsection 8 "Municipal I n s t i t u t i o n s i n the Province" and subsection 13, "Property and C i v i l Rights i n the Province". J u r s i d i c t i o n a l r e s p o n s i b i l i t y f o r r i g h t s to a l l of the property w i t h i n i t s p r o v i n c i a l boundaries i s a l l o c a t e d to that p r o v i n c i a l crown w i t h the exception of those enclaves of f e d e r a l l y owned lands. Therefore, r e s p o n s i b i l i t y f o r property r i g h t s w i t h i n p r o v i n c i a l boundaries, hence, land use, r e s t s almost e n t i r e l y w i t h the p r o v i n c i a l crowns at present. While the BNA Act has placed land use c o n t r o l w i t h the p r o v i n c i a l crown, not to be ignored i s s e c t i o n 95 of the act which says t h a t , "Parliament from time to time may make laws i n r e l a t i o n s h i p to a g r i c u l t u r e . " This s e c t i o n leaves room f o r s p e c u l a t i o n , "...as to where the r e s p o n s i b i l i t y l i e s f o r maintaining a g r i c u l t u r a l use of land i n - 47 - Canada." ( H a r r i s & Noonon, 1980, 6) With respect to l e g i s l a t i o n p e r t a i n i n g d i r e c t l y to a g r i c u l t u r e , the f e d e r a l government has, up to t h i s point i n time, r e s t r i c t e d i t s r o l e l a r g e l y to f i n a n c i a l a s s i s t a n c e , the prevention of the spread of plant and animal disease, i n t e r n a t i o n a l s a l e s of g r a i n , and research and i n f o r m a t i o n . The f e d e r a l government has not passed any l e g i s l a t i o n which d i r e c t l y c o n t r o l s a g r i c u l t u r a l land use. 3.2 Federal Influence Over Land Use Despite what l i t t l e a u t h o r i t y i t does have i n the way of d i r e c t j u r s i d i c t i o over land use, the f e d e r a l government s t i l l manages to i n d i r e c t l y i n f l u e n c e land use, "...as an i n c i d e n t to the e x e r c i s e of other powers." (Ince, 1977, 7) This i n f l u e n c e stems p r i m a r i l y from the f i s c a l r e l a t i o n s h i p s between the two l e v e l s of government. The f e d e r a l government has r e g u l a t o r y a u t h o r i t y over trade and commerce, i n t e r e s t r a t e s and the r a i s i n g of money by any mode or system of t a x a t i o n . Whereas, provinces can only r a i s e revenue by d i r e c t t a x a t i o n . " I t f o l l o w s that the f e d e r a l government i s often accused of using i t s wealth as a l e v e r to encroach on matters which are c o n s t i t u t i o n a l l y outside i t s j u r s i d i c t i o n . " ( B arr, 1980, 1). C o n d i t i o n a l payments to the provinces are the method most o f t e n used to Influence p r o v i n c i a l land-use. C e r t a i n c o n d i t i o n s f o r the expenditure of these funds are negotiated between the two l e v e l s of government before the monies are t r a n s f e r r e d to the provinces. The General Development Agreements (GDA) o f f e r e d by the Department of - 48 - Regionale Economic Expansion (DREE) and the monies a v a i l a b l e through ARDA ( A g r i c u l t u r a l R e h a b i l i t a t i o n and Development A c t , 1961; A g r i c u l t u r a l and Ru r a l Development Act, 1965) through S u b s i d i a r y Agreements (now ARDSA) are both good examples. The f e d e r a l government b e l i e v e s that i t should provide leadership and guidance i n the areas of land-use and resource management (Trudeau, 1979 Speech from the Throne). The f e d e r a l government f e e l s a r e s p o n s i b i l i t y f o r "...the long-term maintenance of a sound economic, s o c i a l and environmental system f o r future Canadians that transcends short-term or p r i v a t e i n t e r e s t s . " (Munn, 1980, 39) Of p a r t i c u l a r concern to the f e d e r a l government are non-renewable resources and a g r i c u l t u r a l land. The b a s i c premise behind the f e d e r a l government's involvement i n land-use p o l i c y i s tha t : Sound land use i s fundamental t o achie v i n g the p o l i t i c a l , s o c i a l , and economic goals of our s o c i e t y . The adoption of the Federal P o l i c y on Land Use confirms the committment of the Government of Canada to the sound management and wise use of a b a s i c resource — Canada's land. I t i s not the i n t e n t i o n of the f e d e r a l government to trespass on p r o v i n c i a l r e s p o n s i b i l i t i e s f o r land, but rather to provide more e f f e c t i v e f e d e r a l support to the provinces i n mounting an dimplementing land use p o l i c i e s and plans that r e f l e c t both p r o v i n c i a l and n a t i o n a l i n t e r e s t . (The Honourable John Roberts, M i n i s t e r of the Environment, 1981). As of March 1981, the f e d e r a l government has a stat e d p o l i c y on land use which supports those p r o v i n c i a l p o l i c i e s and programmes which are seen to be i n the n a t i o n a l i n t e r e s t . - 49 - Although the f e d e r a l government's i n f l u e n c e over land use i s only i n d i r e c t , i t i s nevertheless r e a l . A report published i n 1980 by the Lands D i r e c t o r a t e e n t i t l e d : Land Use i n Canada: The Report of the Inter-Departmental Task Force on Land Use, confirmed that the f e d e r a l government does indeed have an impact on p r o v i n c i a l land use through i t s f i s c a l p o l i c i e s , i t s s e c t o r a l support programmes, i t s r e g i o n a l development programmes, f e d e r a l lands and t h e i r management, i t s r e g u l a t o r y powers and i t s research and i n f o r m a t i o n a c t i v i t i e s (Munn, 1980, 42). The f e d e r a l government has also played a l e a d i n g r o l e i n research and i n f o r m a t i o n . The Canada Land Inventory (CLI) which was approved i n 1963 under ARDA was a co-operative f e d e r a l - p r o v i n c i a l research p r o j e c t ( f e d e r a l l y funded) that undertook a n a t i o n a l inventory of Canada's resources. The Lands D i r e c t o r a t e whch was created i n 1969 i s now the agency res p o n s i b l e f o r the rask of research and i n f o r m a t i o n . I t has published many u s e f u l reports on such t o p i c s as the status of a g r i c u l t u r a l land and has monitored the r e s u l t s of some of the p r o v i n c i a l land use programmes d i r e c t e d towards preserving a g r i c u l t u r a l land. 3.3 The P r o v i n c i a l Government's R o l e i n L a n d Use P l a n n i n g The p r o v i n c i a l government's have e x c l u s i v e c o n t r o l over property r i g h t s w i t h i n t h e i r boundaries. The p r o v i n c i a l crown can enact v i r t u a l l y any land use l e g i s l a t i o n that i t wishes to p r o v i d i n g that the r u l e s of n a t u r a l j u s t i c e are adhered t o . A b a s i c p r i n c i p l e of the - 50 - E n g l i s h c o n s t i t u t i o n which the Canadian parliamentary system i s modelled upon i s the supremacy of Parliament. "The only guide to what Parliament may do i s what Parliament has done." ( C h a l l i e s , 1963, 2) This p r i n c i p l e of Parliamentary supremacy can be a p p l i e d to the p r o v i n c i a l l e g i s l a t u r e s and t h e i r a u t h o r i t y over land use. I t w i l l be important to keep t h i s point i n mind when reading the f i f t h and concluding chapter of t h i s study as there are no l i m i t s to what the p r o v i n c i a l government can do to c o n t r o l and manage r u r a l land use c o n f l i c t s . An important concept to bear i n mind i s the d i f f e r e n c e between the p h y s i c a l e n t i t y known as 'land' and the bundle of r i g h t s whch u s u a l l y are a s s o c i a t e d w i t h a p a r c e l of land (Beaubien and Tabacnik, 1977). The p r o v i n c i a l crown has the a u t h o r i t y to dispose of the r i g h t s , t i t l e , i n t e r e s t or e s t a t e i n i t s land as i t sees f i t . Possession of the aggregate bundle of r i g h t s to a p a r c e l of land i s known as 'fee simple' ownership, however, the p r o v i n c i a l Crown s t i l l t e c h n i c a l l y owns the 'land'. "The r i g h t to use land i n a p a r t i c u l a r way i s not, i n i t s e l f , ownership of the land." (Beaubien and Tabacnik, 1977, 70) I t i s the p r o v i n c i a l Crown's ownership of the land accompanied by i t s l e g a l supremacy which gives i t the r i g h t to e x p r o p r i a t e land and to apply any land use r e g u l a t i o n s (e.g. zoning) that i t wishes). Under Canadian law, the r i g h t to compensation f o r the e x p r o p r i a t i o n of land (removal of a l l r i g h t s ) or the r e d u c t i o n of s p e c i f i c r i g h t s to land by a land use r e g u l a t i o n , does not e x i s t . The r i g h t s to compensation must be authorized by a l e g i s l a t i v e a c t i o n of Parliamet or a p r o v i n c i a l l e g i s l a t u r e . However, i f there i s to be no compensation i t - 51 - must be, "...expressed i n c l e a r and unambigous words." (Beaubien and Tabacnik, 1977, 71) There i s no r i g h t to compensation where land values are reduced by land use r e g u l a t i o n s . The Canadian s i t u a t i o n i s q u i t e d i f f e r e n t from the American. The F i f t h and Fourteenth amendments of the United States c o n s t i t u t i o n guarantee compensation i n the case of e x p r o p r i a t i o n and the due process of law i n the 'taking' of property. Moreover, i f the i n t e n s i t y or degree of land use c o n t r o l i s considered to be so r e s t r i c t i v e that i t i s a 'taking' of the land then the owner i s a l s o e n t i t l e d to compensation. In the United States land can be owned, as opposed to Canada, where an owner i s r e a l l y j u s t a ' t r u s t e e ' of the land f o r the Crown. 3.4 Delegation of Authority The p r o v i n c i a l government can and does delegate many of i t s r e s p o n s i b i l i t i e s over land use to the r e g i o n a l and l o c a l l e v e l s of government through enabling a c t s . However, by the v i r t u e of the d o c t r i n e of paramountcy, p r o v i n c i a l l e g i s l a t i o n s t i l l supercedes l o c a l and r e g i o n a l by-laws. Ince notes the r e s t r i c t i o n s on l o c a l and r e g i o n a l e x e r c i s e of land use c o n t r o l and p r o v i n c i a l d e l e g a t i o n of that c o n t r o l : P r o v i n c i a l land use l e g i s l a t i o n gives m u n i c i p a l and r e g i o n a l governments the power to c o n t r o l land use w i t h i n t h e i r j u r i s d i c t i o n by by-law. By-laws can deal only w i t h those matters authorized by p r o v i n c i a l l e g i s l a t i o n . M u n i c i p a l i t i e s must e x e r c i s e only those powers granted by the L e g i s l a t u r e . Any by-law which exceeds those powers w i l l be struck down by the court as u l t r a v i r e s . Furthermore, the by-law and the l e g i s l a t i o n supporting i t must be w i t h i n the c o n s t i t u t i o n a l j u r s i d i c t i o n of the province. (1977, 4). - 52 - M u n i c i p a l by-laws can be quashed i f they are found by the courts to be, "...passed i n bad f a i t h , f o r improper purposes, by a biased C o u n c i l , or i n v i o l a t i o n of procedural r e q u i r e m e n t s , . . . u n c o n s t i t u t i o n a l , unreasonable, or u n c e r t a i n . . . " , were enacted, "...without l e g i s l a t i v e a u t h o r i z a t i o n . . . " are found to be " . . . p r o h i b i t o r y or d i s c r i m i n a t o r y . " (Ince, 1977, 4 ) . Recently, provinces have begun to s e l e c t i v e l y e x e r c i s e increased a u t h o r i t y . A number of provinces have enacted (or propose to enact) l e g i s l a t i o n which would give the p r o v i n c i a l government, "...a d i r e c t r o l e i n r e g u l a t i o n of the use and development of p r i v a t e land i n both t h e i r organized and unorganized areas. In e f f e c t , these provinces are r e g a i n i n g and/or expanding some of the land powers they i n i t i a l l y delegated to m u n i c i p a l i t i e s . " (Robinson, 1976, 169) The A g r i c u l t u r a l Land Commission Act (RSBC 1979, Chap. 9) of B r i t i s h Columbia i s a good example of t h i s d i r e c t i n t e r v e n t i o n by a p r o v i n c i a l government i n land use c o n t r o l at the l o c a l l e v e l and the r e s c i n d i n g of delegated a u t h o r i t y . This a b i l i t y of the p r o v i n c i a l government to d i r e c t l y intervene i n l o c a l land use c o n t r o l and the paramountcy of p r o v i n c i a l l e g i s l a t i o n should be remembered as the p r o v i n c i a l crown could prove to be the only l e v e l of government which i s able to enact l e g i s l a t i o n which can cope w i t h the problem of r u r a l land use c o n f l i c t s . For as Robinson notes, "Food production and the c o n f l i c t between urban growth and the conservation of a g r i c u l t u r a l land i l l u s t r a t e s one problem that shows no signs of a b a t i n g , and points up the n e c e s s i t y f o r p r o v i n c i a l i n t e r v e n t i o n . " (1976, 177). - 53 - The p r o v i n c i a l government can a l s o use i t s f i n a n c i a l resources to i n f l u e n c e and a f f e c t land use w i t h i n a m u n i c i p a l i t y . For example, the p r o v i n c i a l government can give grants to the m u n i c i p a l i t i e s f o r s e r v i c e s such as sewer and water. In 1977, the B.C. government amended the M u n i c i p a l Act so that m u n i c i p a l i t i e s and r e g i o n a l d i s t r i c t s could apply to i t f o r grants to cover the expenses of the pre p a r a t i o n of O f f i c i a l Community and Settlement Plans. This amendment to the M u n i c i p a l Act a l s o s t a t e d the requirements and necessary contents i n an O f f i c a l P l a n f o r p r o v i n c i a l approval. This provides room f o r a considerable amount of input and c o n t r o l from the p r o v i n c i a l l e v e l of government to the l o c a l l e v e l of government i n terms of the province's p o l i c i e s regarding land use. Aside from i t s d i r e c t and i n d i r e c t i n f l u e n c e s over land use, the p r o v i n c i a l government can play a s i g n i f i c a n t r o l e i n the development of an area as the major cons t r u c t o r of highways and roads. The t a x a t i o n of r e a l property i s another way i n which the province a f f e c t s land use and the power of m u n i c i p a l i t i e s . While the p r o v i n c i a l crown has the a u t h o r i t y to tax r e a l property, i t has (at l e a s t i n B.C.) delegated the a u t h o r i t y f o r tax c o l l e c t i o n to the municipal l e v e l of government but r e t a i n e d the a u t h o r i t y to assess the value of the r e a l property. The taxes c o l l e c t e d by the municipal government are based on a m i l l r a t e approved by the province and as a p o r t i o n of the assessed value of the property. 3.5 Local and Regional Control Over Land Use L o c a l and r e g i o n a l governments play an a c t i v e r o l e i n land use - 54 - management, most commonly through l o c a l l y administrated zoning by-laws. This Is a power which i s dervived from p r o v i n c i a l enabling l e g i s l a t i o n . Because of a past r e l i a n c e on zoning to c o n t r o l land use, i t i s not s u r p r i s i n g to f i n d that many l o c a l and r e g i o n a l government bodies s t i l l t u r n to zoning by-laws to handle land use problems such as r u r a l land use c o n f l i c t s . There are pros and cons to l o c a l and r e g i o n a l j u r s i d c t i o n of land use c o n t r o l . Some of these which P i a t t noted are: In theory, l o c a l c o n t r o l over land use i s s e n s i b l e . The minuatiae of day-to-day d e c i s i o n making i s more e f f i c i e n t when performed by l o c a l o f f i c i a l s who know the f a c t s p e r s o n a l l y . L o c a l p u b l i c hearings permit i n t e r e s t e d persons to p a r t i c i p a t e i n the d e c i s i o n process. L o c a l a d m i n i s t r a t i o n a l s o encourages c i t i z e n s to donate t h e i r time to serve on boards i n t h e i r spare time, thus reducing the p u b l i c cost of the system. But a l l too o f t e n , the fundamental p u b l i c purpose of p r o t e c t i n g h e a l t h , s a f e t y , and welfare i s merely a r e c i t e d catechism f o r j u s t i f y i n g whatever, the community wants to do. Given the p e c u l i a r m u n i c i p a l geography of the United S t a t e s , a l o c a l community's wishes and the l a r g e r s o c i e t y ' s best i n t e r e s t may be i n d i r e c t c o n f l i c t . L o c a l a d m i n i s t r a t i o n of p u b l i c land use powers presents s e v e r a l anomalies. (1976, 14). To p r o t e c t t h e i r p a r o c h i a l , s e l f - i n t e r e s t s , l o c a l and r e g i o n a l governments may chose not to e x e r c i s e the enacting powers given to them by the province or, the l o c a l governments may choose to ignore or m i s i n t e r p r e t p r o v i n c i a l p o l i c y g u i d e l i n e s . The s e l f - s e r v i n g a t t i t u d e s of some communities and r e g i o n a l governments can undermine p r o v i n c i a l e f f o r t s to r e s o l v e problems such as r u r a l land use c o n f l i c t s which can - 55 - fo r c e the province to intervene i n l o c a l a f f a i r s . "Experience i n d i c a t e s , and the circumstances of c o n t r o l l i n g u r b a n i z a t i o n more or l e s s d i c a t e s , that l o c a l governments cannot be counted on to implement a 'save-the-farmland' p o l i c y . " (Robinson, 1976, 178). A s i t u a t i o n which occurred i n the Niagara f r u i t - b e l t region i l l u s t r a t e s t h i s l a s t point about l o c a l government's o c c a s i o n a l d i s r e g a r d f o r p r o v i n c i a l p o l i c y . As Krueger describes i t : The Niagara l o c a l and r e g i o n a l municipal c o u n c i l s are pro-development i n outlook. In formulating an o f f i c i a l p o l i c y p l a n , the r e g i o n a l government merely put together the development plans of the con s t i t u e n t m u n i c i p a l i t i e s . A l l of which had overestimated t h e i r growth needs. The r e s u l t was a proposed plan which designated more land f o r urban growth than the region's own population p r o j e c t i o n s merited. Even a f t e r a r o l l back of urban boundaries by the p r o v i n c i a l government, the proposed plan i n c l u d e s more than 5000 acres of prime farmland f o r urban growth beyond what i s needed f o r that purpose. (1978, 191-2). B.C.'s A g r i c u l t u r a l Land Commission Act (ALC Act) which was enacted i n 1973 i s yet another example of p r o v i n c i a l i n t e r v e n t i o n i n land use problems which a f f e c t the i n t e r e s t of the province as a whole but which l o c a l governments were unable or u n w i l l i n g to re s o l v e at the l o c a l l e v e l . However, there i s an argument i s made by Qadeer against p r o v i n c i a l i n t e r f e r e n c e i n l o c a l or r e g i o n a l land use c o n t r o l : I n s t i t u t i o n a l approaches which blanket an e n t i r e region w i t h standardized programs and procedures (e.g. o f f i c i a l plans or zoning by-laws) can be de t r i m e n t a l to the i n t e r e s t s of many r u r a l communities. They neglect - 56 - d i f f e r e n c e s among small communities and i n h i b i t i n n o v a t i v e s o l u t i o n s to l o c a l problems. R u r a l programs must be custom-made to the extent p o s s i b l e . (1979, 120). Qadeer's argument i s v a l i d i n the case of r e s p o n s i b l e l o c a l and r e g i o n a l governments whch recognize the need f o r a co-operative approach to s o l v i n g problems which a f f e c t the province as a whole and are w i l l i n g to accomodate p r o v i n c i a l i n t e r e s t s . C e n t r a l Saanich, the m u n i c i p a l i t y which i s being used f o r t h i s case study, would appear to be an example of such a community. There are other problems which a f f e c t p r i m a r i l y l o c a l governments, although some r e g i o n a l governments may a l s o have them. Many l o c a l government bodies have t h e i r a b i l t y to c o n t r o l land use and plan f o r the future r e s t r i c t e d by the apparent lack of f i n a n c i a l resources. Many small communities do not have enough money i n t h e i r budget to employ one f u l l - t i m e planner, l e t alone a planning s t a f f . Even i f a community adopts a plan (perhaps, w i t h f i n a n c i a l a s s i s t a n c e from a s e n i o r l e v e l of government), there may be problems a d m i n i s t e r i n g i t due to i n s u f f i c i e n t manpower. As Troughton notes, "The erswhile r u r a l a d m i n i s t r a t i v e framework, f o r example, i s f i n d i n g great d i f f i c u l t y adapting to changing pressure; i t i s r a r e l y ahead i n terms of planning, and o f t e n l a c k s the means to cope w i t h a l l the new demands." (1978, 13) Some communities demonstrate an i n a b i l i t y to cope w i t h development and the hi g h pressure t a c t i c s of developers. Many communities (not to mention p r o v i n c i a l governments) welcome development because of an increased tax base and job o p p o r t u n i t i e s . I t i s not unheard of f o r developers to purchase or to have an option to purchase land, being - 57 - f u l l y aware that t h e i r intended development does not comply with l o c a l zoning, but hoping for the l o c a l council to, nonetheless, to rezone the property. Because of the higher tax revenues from non-farm uses of a g r i c u l t u r a l land, municipal councils are often predisposed to allow non-farm development to occur i n t h e i r community and might even a c t i v e l y encourage i t . A l l too frequently, land which i s zoned a g r i c u l t u r a l or i s i n a g r i c u l t u r a l use i s seen as a 'holding' area which w i l l be developed i n the future for non-farm purposes. As Harris and Noonon note: ...there i s a concern that municipal councils face s o c i a l , p o l i t i c a l , and f i n a n c i a l pressures that predispose them to look favourably on applications for severances and development of farmland. Indeed, the f i n a n c i a l prosperity of many mu n i c i p a l i t i e s i n Southern Ontario i s predicted upon continued growth and development i r r e s p e c t i v e of the q u a l i t y of land consumed for urban use. (1980, 11) Many councils have a l a i s s e z - f a i r e a t t i t u d e towards planning and development u n t i l there arises a c r i s i s s i t u a t i o n which jeopardizes t h e i r way of l i f e or the council i s faced with severe f i n a n c i a l d i f f i c u l t i e s caused by development (e.g. s e r v i c i n g costs.) 3.6 Conclusions Despite the doubts about the a b i l i t y of l o c a l and regional governments to handle a g r i c u l t u r a l land use problems, i t i s the l o c a l l e v e l of government that t h i s study i s focussing on. Qadeer's argument i n favour of l o c a l control because of the i n d i v i d u a l i t y of communities i s thought to be v a l i d , however, i t i s also thought that d i r e c t i o n and - 58 - a s s i s t a n c e from the p r o v i n c i a l l e v e l i s necessary, p a r t i c u l a r l y , when dea l i n g w i t h a g r i c u l t u r a l land p r e s e r v a t i o n . As the l e g i s l a t o r s of land use law w i t h i n t h e i r r e s p e c t i v e boundaries, the p r o v i n c i a l crowns are best equipped to enact land use l e g i s l a t i o n which i s favourable to a g r i c u l t u r a l a c t i v i t i e s , a f f o r d i n g l o c a l government the o p p o r t u n i t i e s and the f l e x i b i l i t y to implement land use c o n t r o l mechanisms at t h e i r l e v e . At the very l e a s t , p r o v i n c i a l p o l i c y g u i d e l i n e s f o r l o c a l governments are needed, as are province-wide s t r a t e g i e s to promote and pr o t e c t the province's a g r i c u l t u r a l i n d u s t r y . I f the l o c a l governments refuse to co-operate by t a k i n g the i n i t i a t i v e to f o l l o w g u i d e l i n e s of t h i s nature or take advantage of any p o s i t i v e land use l e g i s l a t i o n , the province should then intervene. A l l of t h i s , of course, r e q u i r e s the commitment and d e d i c a t i o n of the p r o v i n c i a l government to a p o l i c y of p r o t e c t i n g farming and preserving a g r i c u l t u r a l land. Although the a n a l y s i s of mechanisms i n the f o l l o w i n g chapter w i l l emphasis l o c a l c o n t r o l and management of r u r a l land use c o n f l i c t s , p r o v i n c i a l c o n t r o l w i l l not be neglected. A t t e n t i o n w i l l be given i n the a n a l y s i s to one method of p r o v i n c i a l i n t e r v e n t i o n i n the c o n t r o l and management of a g r i c u l t u r a l land use by the Province of B.C. This i s necessary to provide background inform a t i o n f o r the case study, recommendations f o r p r o v i n c i a l p o l i c y and a c t i o n s regarding r u r a l land use c o n f l i c t s w i l l be made. While l o c a l c o n t r o l and management of r u r a l land use c o n f l i c t s i s seen as the optimum s i t u a t i o n , one of the conclusions of t h i s study suggests that p r o v i n c i a l i n t e r v e n t i o n w i l l be necessary i f l o c a l government r e f u s e s , at the province's u r g i n g , to deal w i t h the problem of r u r a l land use c o n f l i c t s at the l o c a l l e v e l . - 59 - CHAPTER IV THE CONTROL AND PREVENTION OF RURAL LAND USE CONFLICTS 4.1 In troduct ion In the f i r s t section of t h i s study, i t was established that r u r a l land use c o n f l i c t s were the by-products of urban sprawl. The next section of the study examined both the l e g i s l a t i v e framework i n Canada and the j u r s i d i c t i o n a l r e s p o n s i b i l i t i e s of the various l e v e l s of government as they pertain to land use control. This section of the study examined the control and prevention of r u r a l land use c o n f l i c t s and analyzes by comparison selected mechanisms of control and management. The term 'controland prevention' i s used to mean both the a l l e v i a t i o n or reso l u t i o n of e x i s t i n g r u r a l land use c o n f l i c t s and the prevention or minimization of possible future r u r a l land use c o n f l i c t s . However, the control and prevention of r u r a l land use c o n f l i c t s can not be studied i n i s o l a t i o n ; several facts must f i r s t be recognized. Non-farm development has occurred i n r u r a l areas, i t i s now permanently a f f i x e d to the r u r a l landscape and has transformed i t . The existance of the rural-urban fringe i s a r e a l i t y . I t must also be appreciated that the operative forces behind urban sprawl are such and w i l l continue to be so. I t i s only through a clear a r t i c u l a t i o n of goals and objectives, i n t e l l i g e n t planning and adequate land use control that urban sprawl can be contained and future incidences of r u r a l land use c o n f l i c t s reduced. Aside from the prevention of future r u r a l land use c o n f l i c t s , there i s - 60 - also the problem of controlling existing rural land conflicts. Again, good planning and the application of suitable land use controls are required to assist in the alleviation and resolution of these conflicts. 4.2 Planning for a Rural Community In today's urbanized world, there is a strong urban bias in planning (Lassey, 1977). The perspectives of the inter-relationships between the city and the countryside which permeate the field of planning perpetuate this urban bias. Qadeer (1979) identified three broad prespectives within which the facts for rural communities are interpreted: 1) the urban growth perspective whereby, "...rural needs are viewed as the requirements of accommodating expanding suburbia." (112); 2) the resource perspective or the 'core-hinterland' viewpoint which envisions the countryside as the resource base for the urban core; and 3) the development perspective which considers rural communities to be lagging In economic and social development (116). What is common to a l l of these perspectives is that they are urban-dominated or 'urban-centric'; for as Runka notes, "...planners tend to be urban oriented, preoccupied with looking from the urban core in concentric rings outward into the countryside." (1980, 14) This urban bias to planning is compounded by the neglect of rural land use planning by planners. Rural land use planning requires a different approach than does urban planning (Rodd, 1976b; Lassey, 1977; Qadeer, 1979). Beaubien and Tabacnik chastise planners for this neglect: - 61 - R u r a l land use planning should have as high as p r i o r i t y as urban land use planning. Rather than e n d l e s s l y debating c o n f l i c t i n g uses f o r urban land, there i s a need to consider the b a s i c c o n f l i c t betwen urban and r u r a l uses. Most planners' b a s i c perspective needs to change. They must become aware of r u r a l land use issues and understand r u r a l s o c i a l p a t t e r n s . They need a f a r b e t t e r a p p r e c i a t i o n of the food-production landscape and i t s l i m i t a t i o n s . (1977, 123) This urban bias of planners and t h e i r l ack of understanding of the agarian community and the a g r i c u l t u r a l i n d u s t r y can s e r i o u s l y a f f e c t the usefulness and the a p p l i c a b i l i t y of t h e i r plans and strategms f o r the rural-urban f r i n g e . For as Troughton observes: The challenge to resource management provided by the rural-urban f r i n g e i s both the most bas i c and the most s o p h i s t i c a t e d k i n d . There i s a b a s i c need to recognize the r u r a l - u r b a n f r i n g e f o r what i t i s , and to i n v e s t i g a t e i t s fundamental r e l a t i o n s h i p s and dependencies as regards b a s i c r e s o u r c e s — f o r example, n a t u r a l landscape, farmland, settlement and the r e l a t e d communities. There i s a l s o the need to devise s t r a t e g i e s that are b u i l t on t h i s o v e r a l l concept and which, h o p e f u l l y , r e f l e c t a composite d i r e c t i o n f o r our b a s i c human systems. In t h i s case both concept and method are d i f i c u l t ; to impose goals on a s o c i e t y without goals, to a l t e r i n b u i l t p o l i t i c a l s t r u c t u r e s , and f i n a l l y to create a harmonious landscape of peope and t h i n g s . (1978, 27) Planning f o r the r u r a l - u r b a n f r i n g e i s not an easy task. I t i s d i f f i c u l t to r e c o n c i l e the i n c o m p a t i b i l i t i e s between r u r a l and urban land uses that occur i n the rural-urban f r i n g e and t o , "...create a harmonious landscape of people and t h i n g s . " (Troughton, 1978, 27) - 62 - 4.3 The Importance of A Plan or Strategy I d e a l l y , an e s s e n t i a l i n g r e d i e n t i n the c o n t r o l and prevention of r u r a l land use c o n f l i c t s i s the existance of an o v e r a l l plan or s t r a t e g y f o r the area of concern. Master plans and growth s t r a t e g i e s are mentioned i n t h i s study, however, those r e g u l a t o r y mechanisms or land use c o n t r o l s techniques which could be a sub-ordinate component of a master plan or stra t e g y are concentrated on. For i t i s these planning mechanisms which are the operative t o o l s of any plan or s t r a t e g y . In many i n s t a n c e s , the intended purpose of a master plan or st r a t e g y i s not s p e c i f i c a l l y the c o n t r o l or prevention of r u r a l land use c o n f l i c t s . Instead, i t i s u s u a l l y the containment of urban growth or the p r e s e r v a t i o n of a g r i c u l t u r a l land. However, the prevention of r u r a l land use c o n f l i c t s might be an i n d i r e c t r e s u l t of such programmes. This can be e x p l i c i t l y recognized as a r e s u l t , however, i t may not even be r e a l i z e d that the plan w i l l prevent r u r a l land use c o n f l i c t s . L i t t l e a t t e n t i o n has been paid to d i r e c t l y coping w i t h the problem of r u r a l land use c o n f l i c t s : the complexity of the problem; the higher p r i o r i t y placed on and more immediate problem of the p r e s e r v a t i o n of a g r i c u l t u r a l land; the s i t e s p e c i f i c i t y and l o c a l nature of the problem; a lack of understanding by planners of food production; the urban bias of planning; and the confusion of p r i o r i t i e s placed on r u r a l and urban land uses. As i t w i l l be demonstrated s h o r t l y , there i s a lack of land use c o n t r o l mechanisms which are s p e c i f i c a l l y designed t o deal w i t h the problem of r u r a l land use c o n f l i c t s . This makes i t necessary to examine those planning mechanisms which i n d i r e c t l y a s s i s t - 63 - i n c o n t r o l l i n g and and preventing r u r a l land use c o n f l i c t s . 3.4 Local Resistance to Planning One point to keep i n mind when planning f o r r u r a l communities i s the p o s s i b i l i t y of l o c a l r e s i s t a n c e to planning. There are not always c l e a r - c u t reasons f o r t h i s r e s i s t a n c e as i t can i n v o l v e reasons as dive r s e as misinformation, personal b a t t l e s w i t h the 'government', or a d i s t r u s t of o u t s i d e r s . Whatever the p a r t i c u l a r reason, they can a l l combine to create an atmosphere of r e s i s t a n c e and f r u s t r a t i o n i n the community. N e l l i s i d e n t i f i e d four general reasons f o r t h i s r e s i s t a n c e to planning i n r u r a l areas: There are fo u r : (a) strong emphasis on p r i v a t e property r i g h t s , (b) d i s t r u s t of outside p r i o r i t i e s f o r land use, (c) the inappropriateness of t r a d i t i o n a l urban planning t o o l s and a t t i t u d e s , a l l r e s u l t i n g i n (d) a f e e l i n g that planners have l i t t l e empathy w i t h r u r a l values and needs. (1980, 68) These are a l l obstacles that must be overcome when planning f o r a r u r a l area. One way i n which to s t a r t to t a c k l e l o c a l r e s i s t a n c e to planning and perhaps, to overcome i t , i s to adopt a ' t r a n s a c t i v e ' approach to planning by i n v o l v i n g l o c a l c i t i z e n s and i n t e r e s t groups i n the planning process. The use of advisory planning committees, and Swl hoc c i t i z e n ' s groups and other l o c a l i n t e r e s t groups such as the Farmers' I n s t i t u t e can c o n t r i b u t e immensely to the success of a plan ( N e l l i s , 1980). These - 64 - groups should not be a c t i n g i n a token r o l e , they should a c t u a l l y be c o n t r i b u t i n g to the planning process by o f f e r i n g advice and recommendations. The planner's r o l e should be one of advisor and t e c h n i c a l resource person. C i t i z e n p a r t i c i p a t i o n can help g r e a t l y i n overcoming l o c a l r e s i s t a n c e to planning, however, the question i s how to get t h i s p a r t i c i p a t i o n ? The answer would seem to l i e i n understanding and r e s p e c t i n g r u r a l values and l i f e s t y l e s . On a more p r a c t i c a l l e v e l , t h i s respect and understanding can be t r a n s l a t e d i n t o such measures as scheduling meetings f o r times and i n places that are convinent f o r the l o c a l p opulation and avoiding complex, t e c h n i c a l language where i t i s unnecessary. 4.5 Selection of a Land Use Control Mechanism Before s e l c t i n g a r e g u l a t o r y programme, the goals and a s p i r a t i o n s of the community should be a r t i c u l a t e d i n the form of p o l i c y statements. ( C i t i z e n p a r t i c i p a t i o n , which was discussed i n the preceeding s e c t i o n can help i n doing t h i s ) . The o v e r r i d i n g goal of any r e g u l a t o r y programme shoud be the p r o t e c t i o n of the p u b l i c i n t e r e s t . The standard ordinance, says Goldberg, "...represents an e q u i t a b l e method of ensuring that the p u b l i c good i s served by accomplishing what, i t i s s a i d , the market can not accomplish. Most i m p o r t a n t l y , i t serves the m a j o r i t y and p r o t e c t s property values." (Goldberg, 1980, 26) In t h i s study we focus on the r e g u l a t o r y mechanisms which can be u t i l i z e d t o c a r r y out a p o l i c y of preventing or c o n t r o l l i n g r u r a l land use c o n f l i c t s . I t i s important to d i f f e r e n t i a t e between a p o l i c y to - 65 - preserve a g r i c u l t u r a l land and a p o l i c y aimed at the prevention or control of r u r a l land use c o n f l i c t s . A regulatory mechanism may not be e x p l i c i t l y directed towards the control of r u r a l land use c o n f l i c t s , i t may only be an a n c i l l a r y part of a regulatory programme or an i n d i r e c t r e s u l t . However, there are also p o l i c i e s and regulatory programmes which are d i r e c t l y and e x p l i c i t l y concerned with r u r a l land c o n f l i c t s . Regulatory mechanisms which pertain to r u r a l land use c o n f l i c t s , both d i r e c t l y or i n d i r e c t l y , w i l l be considered. There appear to be two main p o l i c y routes that p o l i t i c a n s can choose from when dealing with the problems of the a g r i c u l t u r a l sector: a g r i c u l t u r a l support programmes and land use controls. While the two are not mutually exclusive, the emphasis of t h i s p a r t i c u l a r study i s l o c a l control of land use c o n f l i c t s , therefore, a g r i c u l t u r a l support programmes of a f i s c a l nature w i l l not r e a l l y be considered. Most a g r i c u l t u r a l support programmes of a f i s c a l nature such as guaranteed crop income, the A g r i c u l t u r a l Land Development Act, and ARDA, are administered by the senior l e v e l s of government rather than the l o c a l government. Moreover, most l o c a l governments can not bear the cost of an a g r i c u l t u r a l support programme. It i s important that once a regulatory programme i s decided upon and implemented, that i t be adhered to by the l o c a l government, unless the programme should prove to be unfeasible or else i t i s superceded by a better programme: - 66 - The proper scope of government, i n t h i s view, i s to set down the r u l e s of the game, c l e a r l y , and before the ocntest b e g i n s — a n d then not to c o n t i n u a l l y a l t e r them i n the midst of the f r a y . Under these c o n d i t i o n s , an i n d i v i d u a l i s free to pursue h i s l a w f u l ends, secure i n the reasonable knowledge that the government powers w i l l not suddenly be used to f r u s t r a t e him at every turn. (Goldberg, 1980, x v i i i ) Therefore, the a c t u a l s e l e c t i o n of a r e g u l a t o r y programme which i s s u i t a b l e f o r the community i s c r u c i a l and of utmost importance, although i t i s only one step i n the p l a n n i n g process. When s e l e c t i n g a r e g u l a t o r y mechanism f o r implementation, there are s e v e r a l parameters which must be taken i n t o c o n s i d e r a t i o n by the government body: the l e g a l and j u r s i d i c t i o n a l c o n s t r a i n t s of the l e v e l of government implementing the mechanism; the f i n a n c i a l resources of the government; any e x i s t i n g land use programmes; the l i k e l i h o o d of p u b l i c acceptance; and the p o l i t i c a l c l i m a t e . The parameters w i l l undoubtably narrow the s e l e c t i o n of r e g u l a t o r y mechanisms which can be used. However, i f these parameters are not taken i n t o account when s e l e c t i n g a mechanism, the r e g u l a t o r y programme w i l l probably encounter d i f f i c u l t i e s l a t e r . For example, i f the l o c a l government lacks the necessary d r a f t i n g e x p e r t i s e , and does not o b t a i n outside help, the r e g u l a t o r y programme may be found, at a l a t e r date, to be i n v a l i d i n court. Another example i s , i f the l o c a l government l a c k s the necessary manpower to monitor and administer the programme, i t may become i n e f f e c t u a l . In other words, the mechanism must be appropriate f o r the l o c a l l e v e l of the government to implement. - 67 - Aside from these parameters, there are other c o n s i d e r a t i o n s to be taken i n t o account: what i s the o b j e c t i v e of the mechanism? What group of landowners are the target of the mechanism?; How d i f f i c u l t and complex i s the a d m i n i s t r a t i o n of the mechanism?; how f l e x i b l e i s the mechanism?; how complex i s the mechanism?; does the mechanism provide a reasonable degree of c e r t a i n ! t y about what w i l be happening i n the f u t u r e ? ; are a l l landowners t r e a t e d e q u a l l y by the mechanism?; i s the mechanism e f f e c t i v e ? ; and what are the d i s t r i b u t i o n and magnitude of the costs? I t i s these c o n s i d e r a t i o n s along w i t h the parameters that were mentioned above, which w i l l be discussed f u r t h e r and w i l l be used i n the a n a l y s i s of s e l e c t e d r e g u l a t o r y mechanisms. 4.5.1 The Issue of Compensation Before s t a r t i n g the s e l e c t i o n of land use mechanisms f o r a n a l y s i s , i t i s important to once again address the issue of compensation. I n Canada, owners of land are e s s e n t i a l l y t r u s t e e s of the land f o r the Crown. While the Crown must adhere to the r u l e s of n a t u r a l j u s t i c e , i t can s t i l l c o n f i s c a t e some or a l l of the r i g h t s to a p a r c e l of land without compensating the owner. As noted e a r l i e r i n Chapter Two, t h i s i s d i f f e r e n t from the United States where compensation i s mandatory. Much of the l i t e r a t u r e on farmland p r e s e r v a t i o n i s from the U.S. and t h e r e f o r e , much a t t e n t i o n i s paid to the issu e of compensation. However, as t h i s study i s concerned w i t h the Canadian s i t u a t i o n where compensation does not have to be an i s s u e , i t w i l l not r e a l l y be addressed i n the a n a l y s i s of land use c o n t r o l mechanisms. However, t h i s - 68 - should not be i n t e r p r e t e d as a statement i n support of no compensation f o r the c o n f i s c a t i o n or r e s t r i c t i o n of development r i g h t s . 4 . 6 An Analysis of Selected Land Use Control Mechanisms Before s t a r t i n g to analyze any reg u l a t o r y mechanisms, i t w i l l f i r s t be necessary to e x p l a i n the r a t i o n a l e behind the process of the s e l e c t i o n of reg u l a t o r y mechanisms f o r a n a l y s i s . To analyze a l l e x i s t i n g land use c o n t r o l mechanisms would be f a r beyond the scope of t h i s study and senseless, t h e r e f o r e , only c e r t a i n land use mechanisms could be s e l e c t e d f o r a n a l y s i s . In order to s e l e c t the r e g u l a t o r y mechanisms f o r a n a l y s i s , a l i s t of s i x c r i t e r i s was formulated. The mechanisms which would be s e l e c t e d f o r a n l y s i s f i r s t had to meet the f o l l o w i n g c r i t e r i a : 1. the mechanism had to e i t h e r c o n t r o l or prevent land use c o n f l i c t s ; 2. the mechanism had to be s u i t a b l e f o r a p p l i c a t i o n i n r u r a l areas; 3. the mechanism had to be implementable at the l o c a l l e v e l ; 4 . the method could not be too d i f f i c u l t or too expensive f o r a d m i n i s t r a t i o n at the l o c a l l e v e l ; 5. the mechanism had to be considered l e g a l f o r i m p l e n t a t i o n i n Canada, and i n p a r t i c u l a r , i n B.C. 6. the implementation of the mechanism had to be w i t h i n the j u r s i d i c t i o n a l powers of l o c a l government. The parameters of the l i k e l i h o o d of p u b l i c acceptance and p o l i t i c a l c l imate were not used as c r i t e r i a f o r s e l e c t i o n because of the - 69 - d i f f i c u l t y i n d e f i n i n g them and the wide range of values which must be taken i n t o c o n s i d e r a t i o n when making an e v a l u a t i o n of that nature. Among the extensive l i t e r a t u r e review of m a t e r i a l on the pr e s e r v a t i o n of farmland and r u r a l land use planning, the most u s e f u l f o r t h i s purpose was the N a t i o n a l A g r i c u l t u r a l Lands Study (1981). Drawing h e a v i l y on t h a t , the f o l l o w i n g l i s t of land use c o n t r o l techniques was composed: 1. Zoning: A. Non-exclusive: i ) Large Lot Zones i i ) F i x e d Area Base ( C l u s t e r i n g ) i i i ) S l i d i n g Scale i v ) C o n d i t i o n a l Use v) S u b d i v i s i o n Design v i ) Performance (Green Zoning) B. E x c l u s i v e A g r i c u l t u r a l 2. A g r i c u l t u r a l D i s t r i c t i n g 3. Tax I n c e n t i v e s : i ) P r e f e r e n t i a l Assessment i i ) Deferred Taxation i i i ) R e s t r i c t i v e Agreements i v ) Tax C r e d i t s 4. Transfer of Development Rights (TDR) 5. R e s t r i c t i v e Covenants 6. A c q u s i t i o n of Development R i g h t s : i ) Voluntary Sale i i ) G i f t s i i i ) P u b l i c Purchase i v ) E x p r o p r i a t i o n 7. Purchase of Land NB. See Appendix f o r an explanation of the above-mentioned terms. - 70 - I t i s from t h i s l i s t of land use c o n t r o l techniques that the r e g u l a t o r y mechanisms w i l l be s e l e c t e d f o r a n a l y s i s . Not a l l of the techniques l i s t e d above are a p p l i c a b l e i n the c o n t r o l and prevention of r u r a l land use c o n f l i c t s , nor do a l l of the above meet the requirements of the s t a t e d c r i t e r i a f o r s e l e c t i o n of r e g u l a t o r y mechanisms f o r a n a l y s i s . Moreover, s e v e r a l of the above-mentioned techniques are not r e a l l y r e g u l a t o r y mechanisms which i s the main concern of t h i s study; they are a c t u a l l y i n c e n t i v e s to a g r i c u l t u r a l use of land. For these reasons, not a l l of the land use c o n t r o l techniques were s e l e c t e d f o r a n a l y s i s . Below an explanation i s given as to why or why not one of the above-mentioned techniques was s e l e c t e d f o r a n a l y s i s . 4.6.1 Z o n i n g Zoning i s the most t r a d i t i o n a l method of c o n t r o l l i n g land use. I t d e f i n i t e l y meets a l l the c r i t e r i a stated as being necessary f o r a r e g u l a t o r y mechanism to be s e l e c t e d f o r a n a l y s i s and w i l l t h e r e f o r e , be i n c l u d e d . Of p a r t i c u l a r i n t e r e s t i s performance zoning, or what can be c a l l e d 'green zoning' i n i t s a p p l i c a t i o n to r u r a l areas. 4.6.2 A g r i c u l t u r a l D i s t r i c t i n g According to the N a t i o n a l A g r i c u l t u r a l Lands Study, a g r i c u l t u r a l d i s t r i c t i n g i s not appropriate f o r implementation at the l o c a l l e v e l of government (Coughlin et. a l . , 1981, 40). This conclusion i s a product of the study's d e f i n i t i o n of a g r i c u l t u r a l d i s t r i c t i n g . The study defi n e s a g r i c u l t u r a l d i s t r i c t i n g as, 'The d e s i g n a t i o n of s p e c i f i c t r a c t s - 71 - of long-term a g r i c u l t u r a l uses, u s u a l l y coupled w i t h b e n e f i t s and assurances which improve the co n d i t i o n s f o r farming. Generally no l e g a l l y b i n d i n g c o n t r o l s are imposed on land use." (Coughlin e t . a l . , 1981, 17) I t would appear that l o c a l government i s not able to give the necessary assurances and b e n e f i t s which are necessary f o r the voluntary c o n t i n u a t i o n of farming. I t i s al s o a question of s c a l e . I t i s i m p l i e d that large t r a c t s of land are designated i n more than one community. For these two reasons, l a c k of b e n e f i t s and assurances and the question of s c a l e , a g r i c u l t u r a l d i s t r i c t i n g w i l l not be analyzed as i t i s in a p p r o p r i a t e f o r the l o c a l l e v e l of government. However, i t should a l s o be pointed out that the w r i t e r f e e l s that a g r i c u l t u r a l d i s t r i c t i n g can e i t h e r be voluntary or mandatory. A good example of mandatory a g r i c u l t u r a l d i s t r i c t i n g i n B.C. i s the ALC Act. The p r o v i n c i a l government has designated large t r a c t s of land f o r long-term a g r i c u l t u r a l use. At f i r s t there were no b e n e f i t s or allowances f o r lands i n the ALR, however, there i s now a f i f t y percent r e d u c t i o n on the school tax f o r ALR lands. 4 . 6 . 3 Tax I n c e n t i v e s I n B.C., the power to b r i n g i n t o e f f e c t tax i n c e n t i v e s and b e n e f i t s f o r a g r i c u l t u r a l land l i e s l a r g e l y w i t h the se n i o r l e v e l s of government, which i s one reason why tax i n c e n t i v e s w i l l not be looked a t . Another reason f o r not an a l y z i n g tax i n c e n t i v e s i s that while tax breaks and i n c e n t i v e s w i l l i n f l u e n c e land use and can encourage a g r i c u l t u r a l use of land, once the p r o f i t s that could be r e a l i z e d by non-farm development of - l i - the, land outweight the tax b e n e f i t s , the land w i l l most l i k e l y be converted to non-farm use unless other c o n t r o l s are i n p l a c e . In areas under intense pressure f o r development, the tax b e n e f i t s would have to be s u b s t a n t i a l to be worth more than the p r o f i t s of development. One more reason f o r not a n a l y z i n g tax b e n e f i t s and i n c e n t i v e s i s that t h i s land use c o n t r o l technique i s not r e a l l y a p p l i c a b l e to the problem of r u r a l land use c o n f l i c t s . Land use of non-farm lands which may be i n or near the a g r i c u l t u r a l areas would not be r e s t r i c t e d by tax b e n e f i t s f o r a g r i c u l t u r a l lands. 4 . 6 . 4 Transfer of Development Rights The TDR has been touted as being a p o s s i b l e s o l u t i o n t o , among other t h i n g s , the problem of r u r a l land use c o n f l c t s . However, the w r i t e r i s s k e p t i c a l that the TDR could be implemented w i t h any measre of success at the l o c a l l e v e l . The questions about the success of the TDR centre on cost and the complexity of the mechanism. Because of i t s complexity, the e f f e c t i v e n e s s of the TDR would depends on the q u a l i t y of a d m i n i s t r a t i o n of the mechanism by the l o c a l government (Gustafson, 1978, 258). I t i s questionable whether or not a l o c a l planning department ( i f there i s one), can administer the TDR without h i r i n g e x t r a s t a f f . This brings up the problem of cost. In a l a r g e urban centre, the s a l a r i e s of two or three more s t a f f members would not have as s i g n i f i c a n t e f f e c t on the budget as i t would i n a small r u r a l community. (In a r u r a l area, the s a l a r i e s might have to be s u b s t a n t i a l - 73 - to a t t r a c t q u a l i f i e d personnel away from the urban c e n t r e s ) . Another p o s s i b l e problem w i t h the TDR that was discovered i n the N a t i o n a l A g r i c u l t u r a l Lands Study was that i n the two counties and 10 m u n i c i p a l i t i e s i n the U.S. which have implemented the TDR, t h a t , "...developers have shown l i t t l e i n c l i n a t i o n to p a r t i c i p a t e i n them." (Coughlin e t . a l . , 1981, 281). There seems to be a problem i n ga i n i n g p u b l i c confidence i n the TDR. The reason f o r t h i s could be the complexity of the mechanism and p u b l i c d i f f i c u l t y i n understanding the concept. Another area which r a i s e s questions about the appropriateness of the TDR i s the p o s s i b l e impact of the programme on development r i g h t s and new housing. I n areas of high pressure f o r development, the b i d d i n g f o r development r i g h t s could push up the p r i c e of a c q u i r i n g development r i g h t s which would subsequently be r e f l e c t e d i n the cost of the land and housing. Because of the questions about the s u i t a b i l i t y of the TDR f o r a p p l i c a t i o n i n a r u r a l area, the l i k e l i h o o d of d i f f i c u l t i e s i n implementing the mechanism at the l o c a l l e v e l and the expense of implementing the TDR, the TDR w i l l not be analyzed. In B.C. there would a l s o be problems i n implementing the TDR as the necessary l e g i s l a t i o n and a u t h o r i t y f o r l o c a l government to undertake such a programme i s not i n p lace. 4.6.5 Restrictive Covenants While the use of r e s t r i c t i v e covenants might be s u i t a b l e f o r a p p l i c a t i o n i n s e v e r a l s p e c i f i e d areas, to apply them to a whole - 74 - community could prove to be too complex and too d i f f i c u l t . R e s t r i c t i v e covenants have to be made on a property by property b a s i s . I n the ru r a l - u r b a n f r i n g e where there i s an i n t e r m i x i n g of r u r a l and urban land uses, the landscape can be quite complex, which could n e c e s s i t a t e complex covenants. There i s a l s o the problem of the l e g a l expense of d r a f t i n g up the r e s t r i c t i v e covenants and who should bear that expense—the landowner or the m u n i c i p a l i t y . In a m u n i c i p a l i t y such as C e n t r a l Saanich, there are probably i n excess of 4,000 pa r c e l s of land. This would mean that there would have to be 4,000 r e s t r i c t i v e convenants. I t i s doubtable that a l o c a l planning department could keep t r a c k of the s p e c i f i c terms of 4,000 r e s t r i c t i v e convenants. There would be yet another problem i n accommodating the changes over time i n the community's goals and growth p a t t e r n s . Because of these d i f f i c u l t i e s of cost and complexity, r e s t r i c t i v e convenanats w i l l not be looked a t . I t would a l s o seem that zoning can accomplish the same f u n c t i o n as r e s t r i c t i v e covenants more e a s i l y and at a l e s s e r expense. 4 . 6 . 6 Purchase of Development Rights There are three main l i m i t a t i o n s to the a c q u i s i t i o n of development r i g h t s through voluntary s a l e and p u b l i c purchase of the r i g h t s (mandatory sal e by the owner), the cost of a c q u i s i t i o n , f i n a n c i n g and the l o s s of tax revenue (Roe, 1976, 434). The purchase of development r i g h t s would be f a r too expensive f o r l o c a l government as might be the costs of f i n a n c i n g such purchases. The l o s s of tax revenue would not help i n recouping the cost of such an expenditure. Moreover, i n B.C., development r i g h t s can be c o n f i s c a t e d without compensation. I t i s only when m u n i c i p a l i t i e s e x p r o p r i a t e land that i t becomes necessary to compensate the land owner. In the case of the g i v i n g away of development r i g h t s as a g i f t , i t would not appear to cost the municipal government anything. However, f o r any n o t i c e a b l e r e d u c t i o n success i n a programme r e l y i n g on the ' g i f t ' of development r i g h t s , there would most l i k e l y have to be some form of renumeration or tax break i n r e t u r n f o r the ' g i f t ' before landowners would p a r t i c i p a t e . Therefore, becasue of the cost of the purchase of development r i g h t s , not to mention the a b i l i t y of l o c a l government to acquire development r i g h t s without paying f o r them, the purchase of development r i g h t s w i l l not be looked at. 4 . 6 . 7 P u r c h a s e o f Land Not only would the purchase of l a r g e blocks of land be too expensive f o r l o c a l government, there would a l s o be the l o s s of a l l tax revenues from the property. This measure w i l l not be considered as a s u i t a b l e measure f o r d e a l i n g w i t h the problem or r u r a l land use c o n f l i c t s w i t h the exception of the purchase of s t r i p s of land f o r b u f f e r i n g purposes. However, once again, extensive b u f f e r i n g r e q u i r i n g l a r g e t r a c t s of land would be too expensive f o r the l o c a l government l e v e l enact. 4 . 6 . 8 The Mechanisms S e l e c t e d f o r A n a l y s i s The purpose of the preceeding s e c t i o n s was to s e l e c t those land use c o n t r o l mechanisms which are the most s u i t a b l e f o r implementation at the - 76 - l o c a l l e v e l and which can be a p p l i e d to the problem of r u r a l land use c o n f l c i t s . As a r e s u l t of t h i s process of e l i m i n a t i o n , zoning has been s e l e c t e d f o r a n a l y s i s as i t was found to be the most s u i t a b l e and appropriate mechanism based on the s i x c r i t e r i a l i s t e d i n s e c t i o n 4.6. 4.7 C r i t e r i a for Analysis Before s t a r t i n g on the a n a l y s i s of zoning i t w i l l f i r s t be necessary to e x p l a i n the c r i t e r i a used i n the a n a l y s i s of the mechanisms. Since the a n a l y s i s i s l a r g e l y d e s c r i p t i v e i n nature, i t was thought to be necessary to e s t a b l i s h a l i s t of general c r i t e r i a which could be a p p l i e d to the a n a l y s i s of land use c o n t r o l mechanisms. The nine c r i t e r i a which were chosen are thought to represent the e s s e n t i a l components and a t t r i b u t e s common to any land use c o n t r o l mechanism. The reason f o r chosing some of the c r i t e r i a w i l l be obvious, however, there s t i l l w i l l be an explanation of the importance and s i g n i f i c a n c e of each of the c r i t e r i a . I t i s recognized that t h i s i s not the d e f i n i t i v e statement on the a n a l y s i s of re g u l a t o r y mechanisms, however, i t was f e l t that the l i s t was comprehensive and appropriate f o r a study of t h i s nature. The c r i t e r i a are a l s o the type of f a c t o r s that a l o c a l c o u n c i l should be l o o k i n g at when cons i d e r i n g implementing a land use c o n t r o l . The c r i t e r i a are as f o l l o w s : 1. O b j e c t i v e s : Questions which should be asked of any land use c o n t r o l mechanisms i s what i s i t s o b j e c t i v e and what i s i t supposed to do? In t h i s study we are lo o k i n g f o r those land use c o n t r o l s whose o b j e c t i v e s are the c o n t r o l or prevention of - 77 - r u r a l land use c o n f l i c t s . In the previous s e c t i o n , those mechanisms which did not have the prevention or c o n t r o l of r u r a l land use c o n f l i c t s as one of t h e i r o b j e c t i v e s were e l i m i n a t e d . 2. Target Group: By t h i s term i t i s meant, what type of land use i s the mechanism d i r e c t e d towards? For example, the mechanism may be d i r e c t e d towards r e s i d e n t i a l lands i n the a g r i c u l t u r a l area and i t s o b j e c t i v e might be preventing non-farm uses of that land which could come i n t o c o n l i c t w i t h nearby a g r i c u l t u r a l uses. 3. Implementation: Whether or not a mechanism can be implemented i s a c o n s i d e r a t i o n that must be taken i n t o account, as must the ease (or d i f f i c u l t y ) of implementation. Some mechanisms can not be implemented f o r f i n a n c i a l or l e g a l reasons. Too much p u b l i c o p p o s i t i o n i s another obstacle implementation of some mechanisms. 4 . A d m i n i s t r a t i o n : The concern here, i s how d i f f i c u l t or easy f o r the l o c a l government to administer the mechanism. For example, the a d m i n i s t r a t i o n of the TDR was thought to be too d i f f i c u l t y and complex f o r a l o c a l government agency. 5. F l e x i b i l i t y : The f l e x i b i l i t y of a r e g u l a t o r y mechanism Is measured i n i t s a b i l i t y to accommodate i r r e g u l a r i t i e s i n t h landscape and hcanges i n land use over time. I n a div e r s e landscape such as th rural-urban f r i n g e there i s a need f o r a c e r t a i n amount of f l e x i b i l i t y i n a mechanism to handle the - 78 - i n t e r m i x of r u r a l and urban uses. However, i f a mechanism i s too f l e x i b l e , i t can create u n c e r t a i n i t y and lose i t s e f f e c t i v e n e s s . For example, spot zoning can make zoning more f l e x i b l e , but t h i s can cause u n c e r t a i n t y . I f there i s too much spot zoning, the zoning i t s e l f may become impotent. 6. Complexity: I f a mechanism can not be understood by the s t a f f who are a d m i n i s t e r i n g i t or the landowners who the mechanism i s a f f e c t i n g , then i t i s too complex. There i s a d i s t i n c t i o n to be made between a d e t a i l e d mechanism and a complex mechanism. A zoning by-law i s not a complex idea and most people understand that c e r t a i n uses are allowed and others d i s a l l o w e d . However, that zoning by-law may have an extensive l i s t of the uses which are allowed and d i s a l l o w e d , making i t d e t a i l e d . 7. C e r t a i n t y : One important f a c t o r i n the implementation of a mechanism i s the perception of the l o n g e v i t y of the programme: both the p u b l i c ' s and the government's. I f the government i s committed to a programme and i s perceived as being such, then i t creates an atmosphere of c e r t a i n t y . I f there i s c e r t a i n t y about the f u t u r e use of a p a r c e l of land, i t can have p o s i t i v e p s y c h o l o g i c a l e f f e c t s . For example, i f c e r t a i n that a g r i c u l t u r a l use w i l l continue i n f u t u r e , a farmer w i l l be more l i k e l y to make long term investments i n the land. However, i f the a g r i c u l t u r a l area i s viewed as a 'holding' zone which w i l l one day be developed f o r n o n - a g r i c u l t u r a l uses, i t can cause - 79 - u n c e r t a i n t y and s p e c u l a t i o n . Farmers w i l l be h e s i t a n t t o make l o n g - t e r m i n v e s t m e n t s i n t h e i r l a n d . 8. E f f e c t i v e n e s s : The e f f e c t i v e n e s s of a mechanism would be measured whether not i t a c h i e v e d i t s o b j e c t i v e s . I f a mechanisms was supposed t o p r e v e n t r u r a l l a n d use c o n f l i c t s , and a f t e r i t has been implemented, l a n d use c o n f l i c t s c o n t i n u e t o be c r e a t e d , t h e n the mechanism would not be c o n s i d e r e d e f f e c t i v e . 9. M a g n i t u d e and D i s t r i b u t i o n of C o s t s : How much does i t c o s t t o implement a mechanism ( t o t h e m u n i c i p a l i t y and t o t h e t a x p a y e r ) and who i s p a y i n g the c o s t s ? 4.8 An Analysis of Zoning Z o n i n g i n a g e n e r a l sense i s the g e o g r a p h i c a l s e p a r a t i o n o f i n c o m p a t i b l e l a n d u s e s . A t y p i c a l z o n i n g by-law d i v i d e s a m u n i c i p a l i t y i n t o zones and r e g u l a t e s t h e use of l a n d , b u i l d i n g s and s t r u c t u r e s i n each zone. I t can a l s o r e g u l a t e the s i z e , shape and s i t i n g of b u i l d i n g s and s t r u c t u r e s w i t h i n each zone. However, t h e r e a r e v a r i a t i o n s t o t h i s t r a d i t i o n a l t y p e of z o n i n g . E a r l i e r i n t h i s c h a p t e r , seven t y p e s of z o n i n g were i d e n t i f i e d . There was e x c l u s i v e a g r i c u l t u r a l use z o n i n g and s i x t y p e s of n o n - e x c l u s i v e a g r i c u l t u r a l z o n i n g . The s i x t y p e s o f n o n - e x c l u s i v e z o n i n g were: l a r g e l o t z o n i n g , c l u s t e r i n g , s l i d i n g s c a l e z o n i n g , c o n d i t i o n a l use z o n i n g , s u b d i v i s i o n d e s i g n and green z o n i n g . Of t h e s e seven t y p e s of z o n i n g , o n l y s i x w i l l be l o o k e d a t end o f t h o s e s i x t y p e s , f o u r w i l l be grouped i n t o two g r o u p s . - 80 - S l i d i n g scale zoning w i l l not be looked a t , p r i m a r i l y becasue i t can would not be a p p l i c a b l e f o r the case study of C e n t r a l Saanich, and because of i t s s i m i l a r i t y to large l o t zoning. S l i d i n g s c a l e zoning allows r e s i d e n t i a l development i n an a g r i c u l t u r a l area w i t h the amount of development contingent on the p a r c e l s i z e . For example, one d w e l l i n g would be allowed on a p a r c e l of f i v e acres or l e s s ; two dwellings would be allowed on a p a r c e l between f i v e and f i f t e e n acres; and so on. S l i d i n g s c a l e zoning works best i n areas of large l o t s i z e s . I t i s not very u s e f u l i n areas where there are predominantly small p a r c e l s i z e s (Coughlin et. a l . , 1981, 119) l i k e C e n t r a l Saanich. C o n d i t i o n a l use zoning w i l l be grouped together w i t h e x c l u s i v e use zoning as i t i s r e a l l y j u s t a more le n i n a n t form of i t . C o n d i t i o n a l use zoning can allow those uses i n an a g r i c u l t u r a l zone which are thought to be compatible w i t h a g r i c u l t u r a l uses. Even i n an e x c l u s i v e a g r i c u l t u r a l zoning, there are u s u a l l y p r o v i s i o n s made f o r r e s i d e n t s f o r farmers and farm workers and some of the support s e r v i c e s necessary f o r a g r i c u l t u r e . C l u s t e r i n g i s r e a l l y j u s t a s p e c i f i c form of s u b d i v i s i o n design so c l u s t e r i n g w i l l be incorporated i n t o s u b d i v i s i o n design. Therefore, the four types of zoning which w i l l be looked at w i l l be: e x c l u s i v e use zoning; l a r g e l o t zoning; s u b d i v i s i o n design; and green zoning. 4.8.1 L a r g e L o t Z o n i n g D e s c r i p t i o n : Large l o t zoning i s one of the most common and oldest techniques used to preserve a g r i c u l t u r a l land and prevent land use c o n f l i c t s . By s e t t i n g a minimum l o t s i z e i n an a g r i c u l t u r a l zone i t i s - 81 - hoped that s u b d i v i s i o n f o r non-farm uses, i n p a r t i c u l a r r e s i d e n t i a l uses, w i l l be deterred. The minimum p a r c e l s i z e must be large enough to be u t i l i z e d f o r a g r i c u l t u r a l purposes, y et, too la r g e f o r r e s i d e n t i a l use. I t i s u s u a l l y a p p l i e d i n conjunction w i t h e x c l u s i v e a g r i c u l t u r a l use zoning. The problem w i t h large l o t zoning a r i s e s i n the determination of the minimum p a r c e l s i z e . I f the p a r c e l s i z e i s too s m a l l , i t might not support an a g r i c u l t u r a l operation. Conversely, i f the minimum l o t s i z e i s too l a r g e , then a farmer might not be able to a f f o r d the land. The type of a g r i c u l t u r e found i n the area w i l l a f f e c t the minimum p a r c e l s i z e . C e r t a i n types of a g r i c u l t u r a l operations such as d a i r y i n g , r e q u i r e a l a r g e r p a r c e l s i z e than do other types of a g r i c u l t u r e such as f r u i t y orchards. The p r o d u c t i v i t y of the s o i l which can have an e f f e c t on the minimum p a r c e l s i z e needed f o r a g r i c u l t u r e . However, i n more complex s o i l landscapes, the v a r i a t i o n s i n the s o i l ' s c a p a b i l i t y f o r a g r i c u l t u r e can not always be taken i n t o c o n s i d e r a t i o n when s e l e c t i n g a minimum p a r c e l s i z e . Another problem a r i s e s i n t h a t , over time, the a f f o r d a b l i t y of the minimum p a r c e l s i z e f o r r e s i d e n t i a l purposes can be r e a l i z e d . At one time, a 10 acre minimum p a r c e l s i z e was an adequate deterant to s u b d i v i s i o n f o r r e s i d e n t i a l purposes, but t h i s i s no longer the case. People are now w i l l i n g to buy a 10 acre p a r c e l f o r r e s i d e n t i a l use. Advantages: This mechanism i s r e l a t i v e l y easy to implement i f the minimum p a r c e l s i z e i s not too l a r g e . I t i s not very complex and i t i s very easy to administer. I f there i s no spot zoning and the minimum p a r c e l s i z e i s large enough discourage s u b d i v i s i o n and use f o r non-farm - 82 - purposes, then l a r g e l o t zoning provides a reasonable degree of c e r t a i n t y about future use (Gustafson, 1982). The e f f e c t i v e n e s s of t h i s mechanism w i l l depend on the s u i t a b i l i t y of the minimum p a r c e l s i z e . I f the p a r c e l s i z e i s too small to prevent s u b d i v i s i o n f o r non-farm purposes, then the mechanism w i l l not be e f f e c t i v e . Large l o t zoning i s r e l a t i v e l y inexpensive f o r the m u n i c i p a l i t y and the taxpayers. With the implementation of large l o t zoning l o s t of p o s s i b l e p r o f i t s can be i n c u r r e d by those landowners who were planning to s e l l t h e i r property f o r non-farm development. The p r i c e of land f o r a g r i c u l t u r a l purposes should not be a f f e c t e d by large l o t zoning. Disadvantages; The two main problems w i t h large l o t zoning are the d i f f i c u l t y i n p i c k i n g the r i g h t minimum p a r c e l s i z e and the i n a b i l i t y of l a r g e l o t zoning to take i n t o account the c o m p l e x i t i e s of the landscape. Both these problems were explained above. Another problem i s the amount of non-farm development which has t r a n s p i r e d before the implementation of large l o t zoning. I f there has been a f a i r amount of small l o t s u b d i v i s i o n and non-farm development o c c u r r i n g i n the a g r i c u l t u r a l area, then the r u r a l land use c o n f l i c t s which already e x i s t w i l l not be a l l e v i a t e d . Changes i n demand and the p r i c e that consumers are w i l l i n g to or can a f f o r d to pay f o r r e s i d e n t i a l land can a f f e c t the e f f e c t i v e n e s s of large l o t zoning. The lack of f l e x i b i l i t y of large l o t zoning i s another disadvantage. A way of p r o v i d i n g f l e x i b i l i t y i s to spot zoning, however, t h i s can create an atmosphere of u n c e r t a i n t y . One other problem i s the lack of a t t e n t i o n paid to the use of the land - i t i s assumed the large l o t s i z e s w i l l deter n o n - a g r i c u l t u r a l uses. - 83 - Conclusions: In a predominantly r u r a l area, which has not yet experienced much non-farm development and i s not considered to be i n communting distance of an urban centre, large l o t zoning would be q u i t e e f f e c t i v e . P a r t i c u l a r l y , i f the s o i l landscape and topography were not too complex, l i k e the P r a i r i e s . However, i n an area whch has experienced non-farm development or i f the minimum p a r c e l s i z e i s too s m a l l , l a r g e l o t zoning on i t s own i s not an adequate mechanism to deal wit h r u r a l land use c o n f l i c t s . 4.8.2 Agricultural Use Zoning (includes conditional uses) D e s c r i p t i o n : A g r i c u l t u r a l use zoning i s a convenient and f a m i l i a r method of p r o t e c t i n g a g r i c u l t u r a l use of land. A g r i c u l t u r a l zoning prevents r u r a l land use c o n f l i c t s through the separation of incompatible land uses. This method of zoning can be extended to those non-farm lands on the perimeter of an a g r i c u l t u r a l zone to ensure that incompatible uses do not occur i n cl o s e proximity to the a g r i c u l t u r a l area. In other words, a t r a n s i t i o n zone can be e s t a b l i s h e d . Advantages: The advantages to a g r i c u l t u r a l zoning are i t s lack of complexity and i t s ease to administer. The mechanism i s not that expensive f o r the m u n i c i p a l i t y or the taxpayers. The cost to landowners i n the a g r i c u l t u r a l zone, however, w i l l be the d i f f e r e n c e between the market value of the property f o r non-farm development and i t s a g r i c u l t u r a l value. A g r i c u l t u r a l zoning can provide a reasonable amount of c e r t a i n t y about the c o n t i n u a t i o n of farming f o r the foreseeable f u t u r e . From a t e c h n i c a l viewpoint a g r i c u l t u r a l zoning i s easy to - 84 - implement. However, i n r e a l i t y , the ease of implementation w i l l depend on the extent of the a g r i c u l t u r a l zoning, the r e s t r i c t i v e n e s s of the zoning-by-law and the amount of development pressure i n the area. The e f f e c t i v e n e s s of a g r i c u l t u r a l zoning i s enhanced i f i t i s combined w i t h l a r g e l o t zoning. I t s e f f e c t i v e n e s s i n c o n t r o l l i n g and preventing r u r a l land use c o n f l i c t s w i l l a l s o depend on the p r e - e x i s t i n g landscape and the c o n d i t i o n a l uses or 'compatible' non-farm uses which are allowed i n the a g r i c u l t u r a l area. I f there was a l o t of non-farm development p r i o r t o the implementation of a g r i c u l t u r a l zoning, then i t s e f f e c t i v e n e s s i n a l l e v i a t i n g r u r a l land use c o n f l i c t s w i l l be l i m i t e d . I f the by-law i s too l e n i n a n t i n the c o n d i t i o n a l or non-farm uses that i t allows i n an a g r i c u l t u r a l zone, then more r u r a l land use c o n f l i c t s might be created. Disadvantages: I f there are many small l o t s already i n the a g r i c u l t u r a l use zone or small l o t s u b d i v i s i o n i s allowed to continue, a g r i c u l t u r a l zoning w i l l most l i k e l y prove i n e f f e c t i v e i n preventing r u r a l c o n f l i c s between a g r i c u l t u r a l and r e s i d e n t i a l uses. (Most a g r i c u l t u r a l zoning by-laws w i l l permit one residence per l e g a l p a r c e l ) . A g r i c u l t u r a l zoning can be made f l e x i b l e to a c e r t a i n degree by a l l o w i n g c o n d i t i o n a l uses and compatible non-farm uses. However, i f spot zoning and rezoning are used to make the zoning more f l e x i b l e , i t can create u n c e r t a i n t y . An atmosphere of u n c e r t a i n t y w i l l a l s o be created i f the a g r i c u l t u r a l area has been r e a l l y zoned as a 'holding area' f o r fu t u r e development. The e f f e c t i v e n e s s of a g r i c u l t u r a l zoning can a l s o depend on i t s a d m i n i s t r a t i o n by the l o c a l government: - 85 - Although zoning per se has inherent problems as a means of land use c o n t r o l , these problems are often exacerbated by poor a d m i n i s t r a t i o n of zoning problems. L o c a l governments authorized to use zoning, i f they, i n f a c t , adopt zoning r e g u l a t i o n s , are too often permissive, a r b i t r a r y and unco-ordinated i n t h e i r enforcement of those r e g u l a t i o n s . (Roe, 1976, 421) Another perceived disadvantage of a g r i c u l t u r a l use zoning i s the a g r i c u l t u r a l d esignation of p a r c e l s of land or portions of p a r c e l s whch are not s u i t a b l e f o r a g r i c u l t u r a l use. These lands are to a c e r t a i n extent rendered useless (Lapping, 1977). However, i f these non-arable lands were to be used f o r non-farm purposes that were incompatible w i t h the surrounding a g r i c u l t u r a l a c t i v i t i e s there could be land use c o n f l i c t s . I t i s b e t t e r to zone the non-arable lands i n an a g r i c u l t u r a l area as a g r i c u l t u r a l and to then only a l l o w uses on those lands which are compatible w i t h the a g r i c u l t u r a l environment. Rezoning of spot-zoning of non-arable could create u n c e r t a i n t y and can cause r u r a l land use c o n f l i c t s . Conclusions: A g r i c u l t u r a l zoning can be e f f e c t i v e i n preventing r u r a l land use c o n f l i c t s i f i t i s enacted before there i s much non-farm development i n an a g r i c u l t u r a l area. I t i s more e f f e c t i v e when combined w i t h large l o t zoning. The problems w i t h a g r i c u l t u r a l zoning centre around i t s f l e x i b i l i t y . I f i t i s too f l e x i b l e , i t can be i n e f f e c t i v e and create u n c e r t a i n t y . I f i t i s too r i g i d and a r b i t a r y , then there may be a l o t of p u b l i c o p p o s i t i o n . - 86 - 4 . 8 . 3 Green Zoning Description: Green zoning i s an innovative type of zoning which i s designed to prevent c o n f l i c t s from a r i s i n g between intensive a g r i c u l t u r a l operations and non-farm development over odour problems. Because of the r e l a t i v e l y recent development of t h i s type of zoning and the emphasis that w i l l be placed on i t i n the following chapters, the d e s c r i p t i o n of ths mechanism w i l l be d e t a i l e d and lengthy. Those who are f a m i l i a r with the mechanism may wish to skip the next two or three pages. The odour from intensive a g r i c u l t u r a l operations can be a continual source of annoyance and distnesion to ex-urbanites l i v i n g i n the v i c i n i t y . Even i f the intensive a g r i c u l t u r a l operation i s located i n an a g r i c u l t u r a l zone, the odour from an operation can t r a v e l outside of i t . Intensive a g r i c u l t u r a l operations t y p i c a l l y involve the confinement of animals i n close quarters, examples include poultry, dairy, c a t t l e , beef feedlots and hog operations. Mushroom farms are also considered to be intensive a g r i c u l t u r a l operations as manure i s used i n the production. In terms of l o c a t i o n , not a l l intensive a g r i c u l t u r a l operations require good land. However, co m p a t i b i l i t y with surrounding uses i s an important consideration as most intensive a g r i c u l t u r a l operations are c a p i t a l intensive and not highly mobile. Green zoning i s a method of zoning which (1) establishes setbacks from l o t l i n e s for the buildings, etc. on a parcel of land used from intensive a g r i c u l t u r e and (2) establishes the minimum separation distances between an intensive a g r i c u l t u r a l operation and neighbouring - 87 - land uses. Green zoning can only be u t i l i z e d to s i t e new developments as i t does not c o n t r o l In s i t u land uses. For example, green zoning can be used to s i t e a new i n t e n s i v e a g r i c u l t u r a l operation an adequate distance from e x i s t i n g non-farm uses so that i t has no impact on the e x i s t i n g land uses. Conversely, i t can a l s o be u t i l i z e d to ensure that new non-farm development i s s i t e d f a r enough away from any e x i s t i n g i n t e n s i v e a g r i c u l t u r a l operations so the odour (and i n a d v e r t a n t l y , some of the noise) from i n t e n s i v e a g r i c u l t u r a l operations are not a problem. A b u f f e r s t r i p or 'green zone' i s e s t a b l i s h e d around the perimeter of the i n t e n s i v e a g r i c u l t u r a l o peration. The width of the b u f f e r s t r i p v a r i e s i n accordance w i t h the s e n s i t i v i t y of adjacent land uses to the odour and the i n t e n s i t y of the operation. These b u f f e r s t r i p s are known as minimum separation distances (MSD). The MSD and setbacks f o r i n t e n s i v e a g r i c u l t u r a l operations are based on four v a r i a b l e s : 1) the type of operation; 2) the number of animal u n i t s ; 3) the p a r c e l s i z e of the operation; and 4) the type of neighbouring land uses. An animal u n i t f o r the purposes of green zoning i s e s s e n t i a l l y a standard measure of odour produced. The i n t e n s i t y of the odour produced and hence, the distance that the odour w i l l t r a v e l depends on the type of animal manure, the amount of animal manure and the s t a t e of the manure ( i . e . s o l i d or l i q u i d ) . D i f f e r e n t types of animal manure produce more odour than do others ( i t depends on the n i t r o g e n p o r t i o n ) , t h e r e f o r e , there has to be d i f f e r e n t standards depending on the type of animal manure. The animal equivalents f o r one animal u n i t y vary. For example, one b u l l equals one animal u n i t , - 88 - however, i t takes 250 b r o i l e r chickens to equal one animal u n i t . The maximum number of animal u n i t s f o r any i n t e n s i v e a g r i c u l t u r a l o p e r a t i o n - L' i s d i c a t e d by the area of land on which the operation i s s i t u a t e d . / P a r c e l s i z e combined w i t h the number of animal u n i t s determines the setbacks from the l o t l i n e s f o r the a c t u a l s i t e of the op e r a t i o n , or i n other words, that p o r t i o n of the p a r c e l which may be used to accommodate animals, to store and t r e a t manure, and to store food (Smith, 1982). The MSD between an i n t e n s i v e a g r i c u l t u r a l operation and other land uses depends on what those other land uses are. D i f f e r e n t types of land uses are more s e n s i t i v e to odour than are others. The MSD c a l c u l a t e d by the Green Zone Committee i n B.C. (a committee of r e p r e s e n t a t i v e s from various branches and agencies of the M i n i s t r y of A g r i c u l t u r e and Food) have categorized land uses i n t o f i v e groups or zones of s e n s i t i v i t y : 1) r u r a l and heavy i n d u s t r i a l uses; 2) road allowances; 3) the nearest residence other than on the operation i t s e l f ; 4) other uses i n an a g r i c u l t u r a l zone; and 5) urban and other s p e c i f i e d uses, e.g. a church or s t o r e . These land uses have been l i s t e d i n order of t h e i r i n c r e a s i n g s e n s i t i v i t y to s m e l l . Refer to Appendix '2' f o r a sample copy of a green zoning by-law. To give an example of the variance i n minimum separation d i s t a n c e s ; under the model l i v e s t o c k by-law f o r swine, the MSD between a swine operation of 467 animal u n i t s on a 16 hectare p a r c e l and r u r a l / i n d u s t r i a l land uses i s 30 meters. The MSD between an urban zone and an i n t e n s i v e a g r i c u l t u r a l operation of the same s i z e i s 873 metres. Advantages: The advantage of t h i s mechanism i s that i t i s s p e c i f i c a l l y designed to deal w i t h a land use c o n f l i c t . I t i s d i r e c t e d - 89 - to the s i t i n g of both i n t e n s i v e a g r i c u l t u r a l operations and non-farm uses. The mechanism i s very f l e x i b l e and takes i n t o c o n s i d e r a t i o n a wide range of v a r i a b l e s . The f l e x i b i l i t y of the mechanism does not seem to a f f e c t i t s e f f e c t i v e n e s s or create u n c e r t a i n t y . The mechanism would be very e f f e c t i v e i n preventing f u t u r e r u r a l land use c o n f l i c t s , although i t can do l i t t l e about the e x i s t i n g land use c o n f l i c t s . Disadvantages: The complexity of the mechanism i s i t s main disadvantage. I t i s a complex concept f o r a layman to understand, not to mention, some planners. This complexity of the mechanism could make i t very d i f f i c u l t and burdensome to admin i s t e r , e s p e c i a l l y f o r a small m u n i c i p a l o f f i c e . The d i f f i c u l y of a d m i n i s t r a t i o n could n e c e s s i t a t e the h i r i n g of e x t r a s t a f f which would increase the cost of the mechanism to the m u n i c i p a l i t y and the taxpayer. The complexity of the mechanism and the d i f f i c u l t i e s that c i t i z e n s might have i n understanding i t could make the implementation of green zoning a d i f f i c u l t task. There would be a problem w i t h an e s t a b l i s h e d i n t e n s i v e a g r i c u l t u r a l operation that the owner wishes to expand on the e x i s t i n g s i t e . I t might be hard to monitor expansions (who would count the animals) and hard to refuse a request f o r expansions. Although the issu e has not yet been test e d i n the c o u r t s , there appears to be some question as to the l e g a l i t y of green zoning. There i s a p o s s i b i l i t y that green zoning could be found to be 'uncertain', t h e r e f o r e , u n c o n s t i t u t i o n a l (Sands, 1983). There i s another l e g a l point which might prove to be de t r i m e n t a l a g r i c u l t u r a l use of land, i f green zoning were to be implemented. An - 90 - e x i s t i n g farm operation upon the implementation of green zoning might become a non-conforming use due to i s proximity to non-farm uses. Under the p r o v i s i o n s of the M u n i c i p a l A c t , i f the farm (or any non-conforming use) were to stop operation f o r a period of more than 30 days (which i s not unusual i n the case of d i s e a s e ) , or i f more than 75% of the value of a farm s t r u c t u r e were destroyed, the farmer might then be prevented from resuming operation. To circumvent an instance of t h i s nature would r e q u i r e major changes to the M u n i c i p a l Act — something which would seem u n l i k e l y to happen. Conclusions: While green zoning i s very promising, expectations should not be that high. The complexity of the mechanism may r e s t r i c t i t s a p p l i c a t i o n at the l o c a l l e v e l i n r u r a l areas. However, a hidden b e n e f i t of the mechanism i s that i t i n a d v e r t e n t l y a l l e v i a t e s more r u r a l land use c o n f l i c t s than j u s t the p h y s i c a l impact of odour. Implementation of a mechanism of t h i s nature by l o c a l government would i n d i c a t e support f o r the c o n t i n u a t i o n of a g r i c u l t u r e i n the community, thereby, a l l e v i a t i n g some the p s y c h o l o g i c a l impacts. I t a l s o might reduce the competition f o r a g r i c u l t u r a l land by non-farm uses since only c e r t a i n compatible uses would be allowed i n the 'green zone'; a g r i c u l t u r a l a c t i v i t i e s being a one of those compatible uses. Further attempts at modifying and s i m p l i f y i n g 'green zoning' should be made. More research on the l e g a l i t y of the mechanism i s seeded, p a r t i c u l a r l y s ince the mechanism has already been implemented i n B.C. - 91 - 4.8.4 S u b d i v i s i o n D e s i g n Description: Subdivision design can be u t i l i z e d to a l l e v i a t e e x i s t i n g r u r a l land use c o n f l i c t s as well as preventing further c o n f l i c t s . Subdivision design i s more useful along the in t e r f a c e of a g r i c u l t u r a l and non-agricultural zones. It involves control of an extensive range of variables including such things as l o t layout, b u i l d i n g s i t i n g , fencing requirements, buffering, ditches, berming, c l u s t e r i n g of dwellings, retension of natural vegetation, the planting of trees, using roads as buffers and the design of l o t s with the intent of preventing further subdivision. Rather than describe these various techniques i n d e t a i l , several diagrams have been included i n Appendix '3'. Subdivision design control i s mosly used for those non-farm uses abutting an a g r i c u l t u r a l area. I t could also be used for those a g r i c u l t u r a l lands on the perimeter of the a g r i c u l t u r a l zone. Advantages: Subdivision design i s a very f l e x i b l e t o o l because of the s i t e s p e c i f i c a p p l i c a t i o n , however, i t requires a good planner or Approving O f f i c e r to administer i t . The administration and implementation would be easy i f the e x i s t i n g l e g i s l a t i o n allowed development permits or gave the Approving O f f i c e r discretionary powers to approve subdivision plans subject to f u l f i l l m e n t of l o c a l goals. (Both these conditions p r e v a i l i n B.C.) The administration would be more d i f f i c u l t i n areas experiencing a l o t of non-farm development. I t would mean more work for the municipal s t a f f because of the number of development permits, most l i k e l y increasing the cost to the municipality. The costs to the developer of subdivision design control - 92 - depends on the s i t e and the design requirements. Although i t i s u n l i k e l y that the costs would be exhorbitant (e.g. fencing and berming along the back of the p r o p e r t y ) , the purchase of the property w i l l end up paying f o r the costs., There i s a c e r t a i n i t y that the property can be developed, the only question i s what the design requirements w i l l be. This can r e q u i r e a c e r t a i n amount of n e g o t i a t i o n between the Approving O f f i c e r and the developer. An atmosphere of c e r t a i n t y i s a l s o created f o r the neighbouring farmer by the v i s i b l e presence of a b a r r i e r or b u f f e r between h i s farm and the non-farm uses. Disadvantages: In an area experiencing r a p i d or extensive development, i t might be too much work fo the l o c a l m u n i c i p a l s t a f f to handle. This might mean h i r i n g more s t a f f members which can increase the cost of implementation. I f the design requirements and the reasons f o r these s i t e designs are not made c l e a r to the developer before the s t a r t of development there could be problems and e x t r a expense i n c u r r e d by the developer. S u b d i v i s i o n design can a l s o be a p p l i e d to e x i s t i n g development to a c e r t a i n extent, however, the costs to the m u n i c i p a l i t y would be higher than those of new developments. The landowners of developed l o t s might r e s i s t s u b d i v i s i o n design requirements unless there was a f i n a n c i a l i n c e n t i v e l i k e a tax break. The cost of a c q u i r i n g land f o r b u f f e r s and green zones could a l s o be expensive f o r the m u n i c i p a l i t y . Conclusions: The success of s u b d i v i s i o n design c o n t r o l depends l a r g e l y on the a b i l i t y and f o r e s i g h t of the Approving O f f i c e r . Aside from t h a t , s u b d i v i s i o n design i s a very good technique f o r minimizing Table I: A Summary of the Analysis of Selected Land Use Controls. Large Lot Zoning Ag r i c u l t u r a l Use Zoning Green Zoning Subdivision Design Objectives Preservation of agr. land and reduction of non farmdevelopment in agr. areas Prevention of rural land use c o n f l i c t s by separating uses Prevention of rural land use c o n f l i c t s caused by odour of intensive agr. Prevention of ru r a l land use c o n f l i c t s by buffering and physi- c a l l y separating uses Target Group Landowners in the agr i c u l t u r a l zone Landowners i n the agr i c u l t u r a l zone Landowners of intensive agr. operations and non- farm use i n v i c i n i t y Landowners along the Interface of the a g r i - c u l t u r a l non-farm zones Implementation Easy i f the minimum lot size i s small enough. Harder i f larger MLS Easy i f not too r i g i d and not too much pressure for develop ment Harder because of complexity of mechanism easy If approving o f f i c e r has discretion powers Administration Easy Easy Hard because of complex- i t y and d i f f i c u l t y monitoring Depends on amount of development pressure F l e x i b i l i t y Not very unless spot zoning which causes uncertainty. Not very unless spot zoning or lots of conditional use which creates uncertainty Very f l e x i b l e Very f l e x i b l e Complexity Simple Simple Quite complex depending on s i t e requirements Simple to complex Certainity Certain as long as no rezoning or spot zoning and lot size large enough Certain, If no rezoning or spot zoning Certain i f maintained Certain i f maintained Effectiveness -Effective i f minimum l o t - s i z e i s right for area -More effective In less complex landscapes -Spot zoning and rezoning and condition cases affect e f f e c t i v e - ness -More effective i f combined with large lot -Very e f f e c t i v e i n preventing c o n f l i c t s over odour - e f f e c t i v e for physical separation -long term Costs -Low to municipality -Lost of p r o f i t s to be made by subdivision to landowner -Low to municipality -Lost to landowner of difference between mar- ket price and agr price -Medium for municipality -Medium for landowners l i m i t development not prevent) -Medium for developing municipalities -Medium to low for landowners - 94 - r u r a l land use c o n f l i c t s along the i n t e r f a c e of the a g r i c u l t u r a l zone. I t can create p h y s i c a l b a r r i e r s and b u f f e r s betwen the a g r i c u l t u r a l zone and the r e s t of the community. This can c l e a r l y demark and i d e n t i f y the a g r i c u l t u r a l zone. S u b d i v i s i o n design can a l s o be a p p l i e d to some extent to e x i s t i n g development. This technique i n conjunction w i t h green zoning could prove to be very e f f e c t i v e i n the c o n t r o l and prevnetion of r u r a l land use c o n f l i c t s . 4.9 Summary The purpose of t h i s chapter has been to a n a l y s i s by comparison s e l e c t e d mechanisms of land use c o n t r o l . From a l i s t of p o t e n t i a l l y a p p l i c a b l e land use c o n t r o l techniqes, zoning was s e l e c t e d as being the most appropriate land use c o n t r o l mechanisms f o r the l o c a l government. This s e l e c t i o n was made on the basis of s p e c i f i e d c r i t e r i a which considered such v a r i a b l e s and parameters as cost, l e g a l i t y , and s u i t a b i l i t y to the r u r a l environment. Four types of zoning were then analyzed on the basis on nine v a r i a b l e s . The a n a l y s i s was d e s c r i p t i v e i n nature. For a summary of t h i s a n a l y s i s , r e f e r to Table ' I ' . The i n t e n t of t h i s a n a l y s i s was to determine which land use c o n t r o l mechanism would be best s u i t e d to c o n t r o l and prevent r u r a l land use c o n f l i c t s and would be s u i t a b l e f o r implementation at the l o c a l l e v e l . The comparative a n a l y s i s was done i n order to assess the r e l a t i v e advantages and disadvantages of those mechanisms. A c o n c l u s i o n of t h i s a n a l y s i s was that a combination of land use c o n t r o l mechanisms can increase the e f f e c t i v e n e s s and a b i l i t y of a r e g u l a t o r y programme. - 95 - Because of the d i v e r s i t y of the landscape of the rural-urban fr i n g e i n i t s land use patterns, s o i l complexes, values and l i f e s t y l e s of i t s residents, combined with the complexity of the r u r a l land use c o n f l i c t s whch are created by th i s d i v e r s i t y , there i s a need for a comprehensive programme to tackle the problem of r u r a l land use c o n f l i c t s . The prevention and control of r u r a l land use c o n f l i c t s require a much wider range of techniques than just land use con t r o l . - 96 - CHAPTER V A CASE STUDY OF CENTRAL SAANICH 5.1 A General Description of Central Saanich C e n t r a l Saanich Is loc a t e d on the Saanich P e n i s u l a of Vancouver I s l a n d i n the south-west corner of B r i t i s h Columbia. I t i s a d i s t r i c t m u n i c i p a l i t y w i t h a popu l a t i o n of nearly 10,000 and an area of 42.58 sq. kms. I t i s bounded on the north by the m u n i c i p a l i t y of North Saanich and the south by Saanich. Water bodies c o n s t i t u t e the east and west boundaries of the community, w i t h Saanich I n l e t to the west and Haro S t r a i t to the east. Refer to Figure 1. I t i s a small community i n the rura l - u r b a n f r i n g e area of Greater V i c t o r i a . Throughout the community, one can f i n d r e s i d e n t i a l s u b d i v i s i o n s , i n s t i t u t i o n a l uses, commercial uses and i n d u s t r i a l uses intermixed w i t h the a g r i c u l t u r a l landscape. C e n t r a l Saanich has been experiencing problems w i t h r u r a l land use c o n f l i c t s as w i l l be explained and discussed i n t h i s s e c t i o n of the study. 5.1.1 Climate The Saanich peninsula l i e s i n the f a r t h e s t northern advance of a true Mediterrean climate regime. The growing season l a s t s from February to and i n c l u d i n g December w i t h a mean annual temperature of 10°C (50°F). There i s an average of 2000 hours of sunshine per year and an average annual p r e c i p i t a t i o n of 33 inches. The i r r i g a t i o n season i s from June to August and can inc l u d e part of e i t h e r May or September. F i f t e e n inches of r a i n are received during the summer and there i s an - 97 - FIGURE 1 : CENTRAL SAANICH'S OFFICIAL COMMUNITY PLAN SOURCE: OFFICIAL COMMUNITY PLAN; CENTRAL SAANICH; 1979. - 98 - FIGURE 2: CENTRAL SAANICH'S OFFICIAL COMMUNITY PLAN INCLUDING ALR BOUNDARIES e; Official Community Plan, Central Saanich, 1979. - 99 - average annual water d e f i c i e n c y of 10 inches ( P i t e a u , e t . a l . , 1976). The temperate climate i s conducive to a g r i c u l t u r a l a c t i v i t i e s . However, the mi l d climate a l s o makes i t a very d e s i r a b l e area to l i v e i n , and i n p a r t i c u l a r , r e t i r e i n . 5.1.2 P h y s i o g r a p h y The topography of C e n t r a l Saanich i s gently and r o l l i n g w i t h lowland areas and s e v e r a l bedrock outcrops. In the south-west corner of the m u n i c i p a l i t y , Mount Newton r i s e s to an e l e v a t i o n of approximately 305 metres. Although there are some oversteep slopes, development i s p o s s i b l e on the mountainside. Most of the bedrock i s Saanich Grandorite w i t h the exception of the southwest corner (Butchart Gardens and Brentwood Bay) which i s Vancouver V o l c a n i c s ( P i t e a u , e t . a l . , 1976). The bedrock i s covered by a l a y e r of t i l l , then a l a y e r of sands and gravels and w i t h l a y e r of sandy t i l l l e f t by g l a c i a l meltwater on top ( P i t e a u , e t . a l . , 1976). There i s a l a r g e underground a q u i f e r i n C e n t r a l Saanich o f f e r i n g a water source that i s a v a i l a b l e by di g g i n g w e l l s . The s o i l s i n the area are mostly sandy loams and g r a v e l s . Much of the s o i l i n C e n t r a l Saanich i s very f e r t i l e . However, i n the lowlands, there i s an underlying l a y e r of marine c l a y s which makes drainage d i f f i c u l t . 5.1.3 The L o c a l Economic Base and I t s S p a t i a l M a n i f e s t a t i o n s The l o c a l economy i s p r i m a r i l y based on a g r i c u l t u r e and tourism w i t h some l i g h t i n d u s t r i a l a c t i v i t y . The world renowned Butchart - 100 - Gardens are found i n an o l d rock quarry i n C e n t r a l Saanich. The t r a d i t i o n a l economic base of the community, however, i s a g r i c u l t u r e . The community today i s s t i l l s t r o n g l y a g r i c u l t u r a l l y and r u r a l l y o r i e n t e d w i t h 8 large commercial operations and many smaller operations and part-time operations that s e l l t h e i r produce. There are a l s o a number of hobby farms. These a g r i c u l t u r a l a c t i v i t i e s are mostly found on the f e r t i l e lowlands and v a l l e y s . See Table I I I . D a i r y i n g i s the main a g r i c u l t u r a l a c t i v i t y and the main crops are potatoes, forage, vegetables, b e r r i e s and hard f r u i t s . Horses are r a i s e d on s e v e r a l u n i t s . There i s some l i g h t i n d u s t r i a l a c t i v i t y , mostly manufacturing and warehousing, l o c a t e d along Keating Cross Road. See Figure 1. There i s an o l d M i n i s t r y of Highways g r a v e l p i t along Keating Cross Road whch i s s t i l l i n use today. Commercial a c t i v i t y i n the area b a s i c a l l y serves the l o c a l market demand, w i t h the exception of one large h o t e l (the Waddling Dog Inn) and a couple of gas s t a t i o n s near the Pat Bay Highway. Most of the commercial operations are c l u s t e r e d i n the commercial centres of Brentwood Bay and Saanichton or e l s e found along Keating Cross Road or at one of the i n t e r s e c t i o n s along the Pat Bay Highway. Refer to Figure 3 f o r place l o c a t i o n s . The major i n s t i t u t i o n a l uses i n the community are the M u n i c i p a l H a l l which a l s o houses the l o c a l p o l i c e and the volunteer f i r e department, the P e n i n s u l a H o s p i t a l , s e v e r a l l o c a l schools, a community l i b r a r y and a communty h a l l . Most of the i n s t i t u t i o n a l uses are l o c a t e d i n e i t h e r Brentwood Bay or Saanichton, however, the Peninsula H o s p i t a l and S t e l l y ' s Cross Road School are both fond i n a g r i c u l t u r a l areas. I t i s the s i t i n g of - 101 - Table I I : C e n t r a l Saanich's Population from 1951 to 1981 Year T o t a l P o p u l a t i o n P o p u l a t i o n Increase (%) No. of Males No. of Females 1951 2069 19 1054 1010 1956 2477 19 1243 1234 1961 2952 23 1057 1445 1966 3640 41 1852 1788 1971 5135 41 2570 2565 1976 7415 33 3230 3750 1981 9890 4905 4985 Source: S t a t i s t i c s Canada and the Dominion Bureau of S t a t i s t i c s . Table I I I : Selected A g r i c u l t u r a l S t a t i s t i c s f o r C e n t r a l Saanich 1951-76 1 Year Farm Popu l a t i o n % of T o t a l P o p u l a t i o n T o t a l Farm Area (Acres) Number of Farms 1951 878 42 6826 225 1956 750 30 6174 192 1961 909 30 6793 183 1966 662 18 5757 168 1971 583 11 5724 161 1976 334 4.5 4434 95 ^ S t a t i s t i c s from 1981 were not yet a v a i l a b l e . Source: S t a t i s t i c s Canada and Dominion Bureau of S t a t i s t i c s . - 102 -. the Peninsula H o s p i t a l that i s of p a r t i c u l a r concern to the municipal c o u n c i l and l o c a l farmers. This issue w i l l be discussed f u r t h e r . 5.2 E v o l u t i o n o f L a n d Use and L a n d Use C o n t r o l s I n C e n t r a l S a a n i c h What i s now known as C e n t r a l Saanich was once a part of Saanich. A c i t i z e n ' s movement, lead by Sidney P i c k l e s , voted to separate from Saanich because i t was f e l t that a d i s a p p o r t i o n a t e amount of s e r v i c e s were being received i n comparison to the amount of taxes paid by the r e s i d e n t s of the area. C e n t r a l Saanich was granted i t s charter i n January of 1951. At that time, C e n t r a l Saanich was predominantly an a g r i c u l t u r a l community, although i n the 1920's, there had been some s u b d i v i s i o n i n the Brentwood Bay area f o r summer va c a t i o n homes. (Many of those l o t s are now occupied year round). Other than that p a r t i c u l a r area of settlement, most of the development i n C e n t r a l Saanich was dispersed and a g r i c u l t u r a l l y - o r i e n t e d . At the time of the p a r t i o n , C e n t r a l Saanich adopted, f o r reasons of n e c e s s i t y and expediency, Saanich's s u b d i v i s i o n by-law. This by-law allowed f o r the s u b d i v i s i o n of a 60' by 120' l o t anywhere i n the m u n i c i p a l i t y , p r o v i d i n g the l o t had piped water. I f the p a r c e l d i d not have piped water, the minimum l o t s i z e was 0.5 acres (Durrand, 1982). The C a p i t a l Regional Planning Board was created i n 1951 under the p r o v i s i o n s of the Town Planning A c t , however, i t had no j u r s i d i c t i o n over land use i n any of the m u n i c i p a l i t i e s or the organized t e r r i t o r i e s i n the r e g i o n , t h i s included C e n t r a l Saanich. The f i r s t planning study of the r e g i o n , C a p i t a l Region takes stock, which was e s s e n t i a l l y an - 103 - inventory of land use and f a c t o r s a f f e c t i n g future development of the C a p i t a l Region, was completed i n 1954. Even at t h i s e a r l y date, there was a r e c o g n i t i o n of the existance of urban sprawl i n the region and an awareness of the problems that i t was l i k e l y to cause i n the f u t u r e . Of p a r t i c u l a r concern, was the f u t u r e cost of s e r v i c i n g . While C e n t r a l Saanich was not regarded as a problem area at t h i s time, the study d i d s t r o n g l y recommend to i t s member m u n i c i p a l i t i e s that r e s i d e n t i a l development should be c o n t r o l l e d by the implementation of zoning by-laws, s u b d i v i s i o n c o n t r o l s and p u b l i c works p o l i c i e s ( C a p i t a l Region Planning Board, 1954). 5.2.1 The F i r s t Planning Study of Central Saanich A planning study s p e c i f i c a l l y of C e n t r a l Saanich was completed i n J u l y of 1957. The study was done by the C a p i t a l Region Planning Board (CRPB) as part of i t s preparatory work f o r the C a p i t a l Region P l a n . From t h i s study, a set of planning recommendations f o r the m u n i c i p a l i t y of C e n t r a l Saanich were tendered. Again, i t was recommended that development take place i n an o r d e r l y sequence i n they community and that growth be d i r e c t e d and c o n t r o l l e d by land use r e g u l a t i o n . The p l a n , which recognized that C e n t r a l Saanich was a r u r a l community, s t r e s s e d that s c a t t e r e d development would d i s t u r b the r u r a l surroundings and that the a g r i c u l t u r a l use of the land would be 'prematurely i n t e r r u p t e d ' (CRPB, 1957, 2). This study suggested d i v i d i n g C e n t r a l Saanich i n t o f i v e zones w i t h minimum l o t s i z e s ranging from a low of 0.4 acres to a high of 20 acres i n the a g r i c u l t u r a l areas. Two s e r v i c e centres were - -104 - i d e n t i f i e d i n the p l a n , Keating and Saanichton, and one r e s i d e n t i a l ' area, Brentwood Bay. Forty-two percent of the 452 r e s i d e n t i a l l o t s i n the community were i n Brentwood Bay i n 1957. The remaining 58%, 262 households, were s c a t t e r e d along the main routes, along the water f r o n t and on higher ground that o f f e r e d a view. I t would seem that by 1957 urban sprawl was already happening. However, as of t h i s time, there had been very l i t t l e r e s i d e n t i a l development on a g r i c u l t u r a l land. ( A g r i c u l t u r a l land meaning land used f o r a g r i c u l t u r a l purposes). In 1956 the population of C e n t r a l Saanich was 2,477 persons (CRPB, 1967). At an a n t i c i p a t e d growth ra t e of 70 persons per year, the plan sta t e d that f u t u r e growth could e a s i l y be accomodated f o r the next 20 years (CRPB, 1957). However, despite the recommendations by the CRPB to c o n t r o l s u b d i v i s i o n and s c a t t e r e d development, C e n t r a l Saanich d i d not implement any new by-laws at t h i s time, p r e f e r r i n g to a l l o w the e x i s t i n g by-law adopted at the time of secession from Saanich to continue to stand. I t would not be u n t i l 1967 that a new s u b d i v i s i o n by-law would be implemented. Therefore, u n t i l 1967, urban sprawl continued spreading over the r u r a l landscape v i r t u a l l y unhampered. The C a p i t a l Region Plan was completed i n January of 1959. I t , too, r e i t e r a t e d the recommendations of the preparatory study that urban sprawl should be prevented through zoning and s u b d i v i s i o n c o n t r o l . Although no s p e c i f i c mention of C e n t r a l Saanich i s made i n t o t h i s regard, there i s a map i n the plan which depic t s land use i n 1956 that o f f e r s evidence that urban sprawl has already s t a r t e d to happen i n C e n t r a l Saanich. The map i n d i c a t e s the presence of r e s i d e n t i a l - 105 - development as w e l l as some commercial development along East Saanich Road. At t h i s time, East Saanich Road was the main route to the n o r t h end of the peninsula, the V i l l a g e of Sidney and the Pat Bay a i r p o r t . The map a l s o shows r e s i d e n t i a l development along the waterfront i n s e v e r a l places. Refer to Figure 1 f o r l o c a t i o n of s t r e e t s and to Figure 3 f o r place l o c a t i o n s . 5.2.2 Infrastructure Improvements There were two occurences during the l a t e 50's and e a r l y 60's that would a c c e l e r a t e the spread of urban sprawl on the Saanich P e n i n s u l a . Both occurances i n v o l v e d improvements to the i n f r a s t r u c t u r e s e r v i n g the community. In 1958, Premier W.A.C. Bennett announced the take-over of the Black B a l l F e r r i e s a f t e r a r e o c c u r r i n g labour dispute threatened to shut-down f e r r y s e r v i c e to the i s l a n d . The Pat Bay Highway which had formerly been a l i m i t e d access highway was i n the process of being r e a l i g n e d and widened so as to improve the road s e r v i c e to Sidney. P h i l G a g l a r d i , the then M i n i s t e r of T r a n s p o r t a t i o n , decided to extend the highway to Swartz Bay, to construct a t e r m i n a l at Swartz Bay and to hasten and expand upon the road improvements to the Pat Bay Highway. The f e r r y t e r m i n a l at Swartz Bay opened i n June of 1960, and the te r m i n a l at Tsawwassen opened l a t e r that same summer (Cadieux, 1967). The improvements to the Pat Bay Highway would make f e a s i b l e that d a i l y commute to downtown V i c t o r i a (approximately 16 k i l o m e t r e s ) , thus, a l l o w i n g working urbanites to move out of the c i t y i n t o the countryside. The present day s u b d i v i s i o n of Keating , which according to - 106 - the land use map i n the 1959 C a p i t a l Region P l a n , d i d not e x i s t i n 1956, l i e s i n c l o s e proximity to the Pay Bay Highway and i s l i k e l y a r e s u l t of the improvements to the highway, as i s the i n d u s t r i a l development along Keating Cross Road. See Figures 1 and 3. The second occurrence that speeded up the process of urban sprawl was an increase i n the community's water supply. One of the only c o n d i t i o n s of s u b d i v i s i o n i n the e a r l y 60's was the a v a i l a b i l i t y of water (Durrand, 1982). However, the l o c a l water supply was l i m i t e d ; the Brentwood Bay Water Works being the only community water system at the time. A l l other water, both f o r domestic and i r r i g a t i o n purposes, was from springs or groundwater drawn from a q u i f i e r s . This l a c k of water l i m i t e d development i n the community. During WWII, the RCAF had constructed a w e l l known as Stewart's w e l l to supply the Pay Bay a i r p o r t . The f e d e r a l government a l s o had c o n t r o l over the water r i g h t s to E l k Lake to assure a supply of water the the a i r p o r t . However, i n 1961, the f e d e r a l government r e l i n q u i s h e d i t s e x c l u s i v e c o n t r o l over the water supply from E l k Lake and Stewart's W e l l , thus enabling the m u n i c i p a l i t y to pipe water f o r domestic and i r r i g a t i o n purposes and to increase i t s o v e r a l l supply of water. This increased water supply, of course, f a c i l i t a t e d the s u b d i v i s i o n of more l o t s i n the community. However, by 1961, the m u n i c i p a l i t y had e s t a b l i s h e d a minimum l o t s i z e of 15,000 square fee t w i t h piped water or a minimum l o t s i z e of greater than a 0.5 acre without domestic water (CRPB, 1967, 4). The a c c e l e r a t i o n of urban sprawl during the e a r l y 1960's, however, di d - 107 - not b r i n g about stronger s u b d i v i s i o n c o n t r o l or zoning. I t was not u n t i l a ' c r i s i s s i t u a t i o n ' that the m u n i c i p a l i t y decided to update i t s s u b d i v i s i o n by-law and implement a zoning by-law. 5.2.3 Subdivision Activity From 1961 to 1966 A study done i n 1967 by the C a p i t a l Region Planning Board ( A n a l y s i s of Large Lot Development), recorded the amount of s u b d i v i s i o n a c t i v i t y and r e s i d e n t i a l b u i l d i n g from 1961 to 1966 i n the communities of C e n t r a l and North Saanich. This reports l i s t s the t o t a l number of p a r c e l s which were b u i l t on from 1961 to 1966, the number of p a r c e l s which were not b u i l t on a f t e r s u b d i v i s i o n and s a l e , and the number of p a r c e l s which were n e i t h e r s o l d nor b u i l t on a f t e r s u b d i v i s i o n . The number of l o t s i n each of the three c l a s s e s i s f u r t h e r categorized i n t o one of eight planning areas and one of four l o t s i z e c a t e g o r i e s . See Figures 3 and 4. This study found that there had been a t o t a l of 310 homes constructed i n C e n t r a l Saanich from 1961 to 1966, that approximately 450 new p a r c e l s had been created and that there had been 530 sales of p a r c e l s of land (CRPB, 1967, 2). U n f o r t u n a t e l y , t h i s study d i d not seem to take i n t o c o n s i d e r a t i o n that some of the l o t s b u i l t on from 1961 to 1966 could have been subdivided p r i o r to 1966. The most a c t i v e area f o r s u b d i v i s i o n over t h i s period of time was Brentwood Bay, w i t h the then new s u b d i v i s i o n of Keating , being the second most a c t i v e area. The s o - c a l l e d 'Rural' area was the t h i r d most a c t i v e , w i t h many of the subdivided l o t s being l e s s than f i v e acres i n s i z e . (The 'Rural' area i s the r e s i d u a l area a f t e r the other - 108 - Figure 3: An Index Map of Central Saanich in 1967 Source: Analysis of Large Lot Development, CRPB. 1967• 109 - Figure 4: Demand f o r Subdivision by Planning Area and Parcel Size 1 9 6 1 - 6 6 130 120 110 0 0 100 0* 90 0 to 80 N I 1/3 —i 70 < J U i 60 U u. 50 O on U i CD 40 z 30 20 1 J 0 CENTRAL SAANICH Sectors of Demand by Planning Area and Parcel Size 1961-66 Parcel Size - A - less than 1; acre B - % - 1.0 acre C - 1.01 - 5.0 acre D - more than 5.0 acres Demand Sectors | Land i n actual demand f o r construction | Land "held" a f t e r sale or subdivision ( i n c l u d i n g resales) ] Land subdivided and not sold or L — J used for construction $ Recent large subdivisions b l A D C B A I* Q Z U i X PLANNING AREA Source: Analysis of Large Lot Development. CRPB, 1 9 6 ? . - 110 - s u b d i v i s i o n s were i d e n t i f i e d . I t i s a l s o the area where most of the a g r i c u l t u r a l a c t i v i t y would have been). I t was noted that t h i s demand i n the r u r a l area f o r these smaller l o t s could have been a t t r i b u t a b l e to the d e s i r e f o r a 'country home'. The report a l s o notes that the s u b d i v i s i o n a c t i v i t y i n general, was spread over too wide an area which could one day lead to extremely high costs f o r the p r o v i s i o n of schools and s e r v i c e s , and would d e t r a c t from the m u n i c i p a l i t y ' s appearance (CRPB, 1967, 2). The report expands upon the higher costs a s s o c i a t e d w i t h low density and s c a t t e r e d development becasue of the distances between l o t s and the wide frontage requirements. An example of the p r o p o r t i o n a l costs per household per annum f o r d i f f e r e n t l o t s i z e s i n presented i n a chart. This chart of comparative costs i n d i c a t e s that costs r i s e as l o t s i z e s increase (CRPB, 1967, 11). I t was a l s o pointed out i n the study that the s e r v i c i n g of large p a r c e l s ( i . e . l a r g e r than one acre) might, i n f a c t , be considered to ' o v e r s e r v i c i n g ' , i n that curbs and sidewalks do not blend i n t o the r u r a l landscape (CRPB, 1967, 12). The study advocates smaller l o t s w i t h smaller frontages and grouped c l o s e r together to avoid the diseconomies of large l o t or s c a t t e r e d development. The study a l s o argues i n favour of preserving the ' r u r a l i d e n t i t y ' of the area but no mention i s made of p e r s e r v i n g farmland or competition between a g r i c u l t u r a l and non-farm uses. 5.2.4 Implementation of Zoning By-laws In 1967, the increased run-off from a new s u b d i v i s i o n overlooking Saanichton Bay (Islandview) g r e a t l y exacerbated the drainage problmes - I l l - f o r neighbouring farmers. This i n c i d e n t combined w i t h a renewed concern about the community's water supply and the i n c r e a s i n g v i s u a l evidence of urban sprawl, lead to the m u n i c i p a l i t y f i n a l l y implementing zoning and s t r i c t e r s u b d i v i s i o n c o n t r o l . Three r e s i d e n t i a l zones, Brentwood Bay, Saanichton, and K e a t i n g , and one i d u s t r i a l area, Keating Cross Road, were created. The minimum l o t s i z e i n the r e s i d e n t i a l areas was 0.5 acres. The remainder of the m u n i c i p a l i t y was zoned as a g r i c u l t u r a l w i t h a minimum l o t s i z e requirement of 10 acres. Therefore, l o t s of l e s s than 20 acres i n the a g r i c u l t u r a l zone could no longer be subdivided. At f i r s t , only one house per l o t was permitted, but t h i s was l a t e r amended to be able to accommodate those residences necessary f o r housing farm help. This ten acre minimum acted as a deterrant to f u r t h e r s c a t t e r i n g of development, as ten acre hobby farms were not yet popular; however, i t s t i l l allowed f o r the d e n s i f i c a t i o n of the three r e s i d e n t i a l zones. There was some resentment expressed by s e v e r a l of the l o c a l farmers who found that they could no longer subdivide t h e i r land, however, the m a j o r i t y of the r e s i d e n t s supported the step taken by the l o c a l government (Durrand, 1982). 5.2.5 Upgrading and Extension of the Sewerage System E a r l y i n the 1970's, the p r o v i n c i a l government brought i n the Sewerage As s i s t a n c e Act. Because of inadequate t i d a l a c t i o n i n Brentwood Bay, the P r o v i n c i a l H e a l t h a u t h o r i t i e s had declared the Bay p o l l u t e d i n 1969, t h e r e f o r e , making i t imperative to f i n d a new sewage o u t f a l l point (Durrand, 1982). The m u n i c i p a l i t y took advantage of the - 112 - grant i n 1972 to i n s t a l l a sewer l i n e across the e n t i r e width of the Saanich peninsula w i t h the o u t f a l l point i n Cordova Channel on the east coast of the peninsula. The c o u n c i l and the c i t i z e n s of C e n t r a l Saanich were concerned that f u r t h e r s u b d i v i s i o n would occur as a r e s u l t of the new sewer l i n e which traversed the peninsula f o r much of i t s length across a g r i c u l t u r a l land. To prevent the p o s s i b i l i t y of the sewer l i n e opening up new areas f o r development, the sewer l i n e was designed such so that trunk l i n e s and hook-ups could not be added l a t e r to those s e c t i o n s of the l i n e i n a g r i c u l t u r a l areas. The sewer l i n e whch i n i t i a l l y s e r v i c e d the r e s i d e n t i a l areas of Brentwood Bay, Saanichton and Turgoose, as w e l l as, the i n d u s t r i a l area of Keating Cross Road, i s s t i l l i n operation today. Several other r e s i d e n t i a l areas have since been connected to the l i n e and f u r t h e r extensions are s t i l l i n process. The present capacity of the system i s 10,000 people. With 9890 people l i v i n g i n C e n t r a l Saanich i n 1981, the system has n e a r l y reached i t s c a p a c i t y . The secondary treatment plant i s being expanded so the system w i l l be able to handle an a d d i t i o n a l 5,000 people. A l l l o t s not hooked up to the sewer l i n e must have t h e i r own i n d i v i d u a l s a n i t a r y sewage d i s p o s a l system, t h e r e f o r e , the l o t s i z e must be adequate i n area to ensure that the system operates e f f e c t i v e l y . The requirement f o r adequate area serves to l i m i t the density of the development i n unsewered areas. -113' - 5.2.6 Agricultural Land Reserves On December 21, 1972, the p r o v i n c i a l government by way of an o r d e r - i n - c o u n c i l ' f r o z e ' development on a l l land i n the province which was being assessed f o r tax purposes as farmland, was zoned a g r i c u l t u r a l or was rated as Class 1 to 4 by CLI. The A g r i c u l t u r a l Land Reserve (ALR) boundaries that were designated by the C a p i t a l Regional D i s t r i c t c l o s e l y followed the boundaries i n C e n t r a l Saanich of the a g r i c u l t u r a l zone w i t h i t s 10 acre minimu. There were two a d d i t i o n a l i n c l u s i o n s of blocks of land which had been zoned as r e s i d e n t i a l by the m u n i c i p a l i t y . The m u n i c i p a l i t y of C e n t r a l Saanich appealed to the Environment and Land Use Committee (ELUC) to re l e a s e these two blocks of land from the ALR, soon a f t e r the designation of the ALR. When the m u n i c i p a l i t y had i n s t a l l e d i t s sewer system i n 1972, i t had a n t i c i p a t e d repaying some of the cost of the system through hook-up fees of new u n i t s i n the area, w i t h an expected rate of 110 new u n i t s per year. The m u n i c i p a l i t y a l s o wished to increase i t s tax revenues from more r e s i d e n t i a l development. The two areas where t h i s r e s i d e n t i a l development was expected to occur was i n one area of approximately 210 acres near Saanichton and another area of roughly 135 acres near Brentwood Bay. However, w i t h the i n c l u s i o n of these two p a r c e l s of r e s i d e n t i a l l y zoned land i n the ALR, any f u r t h e r r e s i d e n t i a l development was e s s e n t i a l l y precluded. I n i t s appeal to ELUC, the m u n i c i p a l i t y argued that i t needed the development to finance the sewer system and to expand i t s tax base. The Land Commission, as i t was known then, recommended that ELUC refuse the appeal as the land i n question was - 11-4- - predominantly Class 3, improvable w i t h i r r i g a t i o n to Class 2. Furthermore, the Commission estimated that a population of 11,500 could be accommodated on those lands outside the ALR using a r a t i o of 10 persons per acre. ELUC followed the Land Commission's advice and the land i s s t i l l i n the ALR today. At the time when a l l developments were ha l t e d by o r d e r s - i n - c o u n c i l #4483/72 and #157/73, there were a number of developments already i n progress. I f a landowner could s u b s t a n t i a t e that there had been s u b s t a n t i a l commencement on a p a r t i c u l a r development p r i o r to the 'land f r e e z e ' , then the Land Commission would allow the development to proceed. P r e s e n t l y to be found i n C e n t r a l Saanich are s e v e r a l developments which were allowed to proceed under these p r o v i s i o n s . One such example i s a 5.5 acre p a r c e l which was allowed to be subdivided from the corner of a c a t t l e and p o u l t r y operation as the farmer had already s t a r t e d the s u b d i v i s i o n . The farmer f u r t h e r argued that the money from the s a l e of the p a r c e l would be r e i n v e s t e d i n improvements to the remainder of the farm u n i t . Although the farmer di d i n v e s t the money from the s a l e of the property i n t o improvement of h i s farm u n i t , the 5.5 acre p a r c e l was purchased by a developer and there i s now a m u l t i - u n i t r e s i d e n t i a l development d i r e c t l y a b u t t i n g the farm operation w i t h only a page wire fence separating the two uses. Examples such as t h i s serve as i n d i c a t o r s as to what might have happened i n C e n t r a l Saanich had not the ALC Act been enacted by the p r o v i n c i a l government. At present, there are an estimated 7627 acres (3087 hectares) of land i n the ALR i n C e n t r a l Saanich ( P i t e a u , e t . a l . , 1976). This - 115 - amounts to roughly two-thirds of i t s area (excluding the land i n the two Indian Reserves) See Figure 2. Much of that land i n the ALR i s rated by the CLI as Class 3 l a n d , improvable w i t h i r r i g a t i o n to Class 2. Since the designation of the ALR on June 27, 1974 there have been nine requests f o r e x c l u s i o n from the ALR and 39 requests f o r s u b d i v i s i o n or non-farm use i n the ALR. A l l but one of the requests f o r e x c l u s i o n were refused and 13 of the 39 requests f o r s u b d i v i s i o n or non-farm use have been refused. I t i s safe to say that i n a period of n e a r l y ten years the amount of s u b d i v i s i o n and non-farm development of those lands i n C e n t r a l Saanich which are i n the ALR has been held to a minimum. 5.2.7 Present Zoning and Subdivision By-laws P r i o r to the o r d e r s - i n - c o u n c i l freeze i n 1972, By-law No. 464, whch pr e s e n t l y c o n t r o l s s u b d i v i s i o n i n the m u n i c i p a l i t y was adopted. This s u b d i v i s i o n by-law i n conjunction w i t h zoning by-law No. 465, d i v i d e s the m u n i c i p a l i t y i n t o 20 zones w i t h minimum l o t s i z e s ranging from a low of 460 mm̂  i n the R3 zone ( r e s i d e n t i a l semi-detached) to a high of 4 hectares i n the A l zone ( a g r i c u l t u r a l ) . There have been only a few minor changes to these two by-laws since t h e i r i n c e p t i o n i n 1972. However, the ALC Act takes precedence f o r those lands i n the ALR over the l o c a l zoning. I t i s only when an e x c l u s i o n of land from the ALR i s allowed or request f o r s u b d i v i s i o n or non-farm use i n the ALR i s approved by the Commission, that l o c a l zoning and s u b d i v i s i o n c o n t r o l becomes e f f e c t i v e . For example, i f the Commission allows the s u b d i v i s i o n of a one acre p a r c e l i n the ALR, the m u n i c i p a l i t y then has -'116 - the a u t h o r i t y whether or not to allow the s u b d i v i s i o n , depending on whether or not i t conforms to l o c a l zoning and s u b d i v i s i o n by-laws. 5.2.8 Indian Reserves There are two Indian Reserves i n C e n t r a l Saanich, the T s a r t l i p Indian Community and the Tsawout Indian Community. The areas of these two reserves are 201 hectares and 257 hectares r e s p e c t i v e l y . In 1967, (more recent f i g u r e s could not be found) there were 263 people l i v i n g on the T s a r t l i p Reserve and 220 people were on the Tsawout Reserve (CRPB, 1968). At present, these two reserves are l a r g e l y undeveloped except f o r r e s i d e n t i a l purposes f o r the n a t i v e population. There were a few a g r i c u l t u r a l leases and l o g storage leases on the two reserves i n 1967. However, since n e i t h e r the province or the m u n i c i p a l i t y has any j u r s i d i c t i o n or c o n t r o l over the land use on the two Indian r e s e r v e s , they w i l l not be discussed any f u r t h e r i n t h i s s e c t i o n . Concern about land use on the reserves would only a r i s e i f the Department of Ind i a n and Northern A f f a i r s granted a lease f o r purposes such i n d u s t r i a l , commercial or i n t e n s i v e r e s i d e n t i a l uses. These uses could come i n t o c o n f l i c t w i t h the neighbouring uses o f f the reserve and could place a demand on l o c a l s e r v i c e s . However, t h i s has not happened i n the past, nor i s i t l i k e l y to i n the near f u t u r e . 5.2.9 The Greater Victoria Water Dist r i c t In 1975, an engineering f i r m was commissioned by C e n t r a l Saanich to undertake a bulk water study f o r the Saanich P e n i n s u l a . The provocation - 117 - f o r the commissioning of the study was the complaints about the q u a l i t y of water from E l k Lake, the shortage of water during the summer, seasonal low pressure, the i n s u f f i c i e n t recharge rates of some w e l l s ( n e c e s s i t a t i n g digging the w e l l s deeper), and the s a l t water contamination of some w e l l s . (Durrand, 1982). One of the f i n a l recommendations of the report was f o r C e n t r a l Saanich to become a mefiiber of the Greater V i c t o r i a Water D i s t r i c t which pumps i t s water out of the Sooke Basin ( P i t e a u , et. a l . , 1976). The m u n i c i p a l i t y followed t h i s recommendation and i n 1976 j o i n e d the Water D i s t r i c t . The m u n i c i p a l i t y i s now assured of a d a i l y water supply of up to 7 m i l l i o n g a l l o n s per day up to the year 1996 f o r the cost to users of 38 per 1000 g a l l o n s (Durrand, 1982). At present, the m u n i c i p a l i t y draws approximately 6 m i l l i o n g a l l o n s per day i n peak season w i t h an estimated 30 percent being used by a g r i c u l t u r e . There are f u r t h e r plans to increase the water supply to the community. 5.2.10 The F i r s t O f f i c i a l Community Plan I n 1977, B i l l 42 (an amendment to the M u n i c i p a l Act) was approved by Cabinet. Among other t h i n g s , i t o u t l i n e d the requirements f o r an O f f i c i a l Community Plan (OCP). The government a l s o made a v a i l a b l e at the time funds f o r undertaking an OCP. The f i r s t OCP of C e n t r a l Saanich was adopted i n 1979 by the c o u n c i l . I t i s very cognizant of the need to protect a g r i c u l t u r a l land. Almost a l l of the lands i n the ALR i n the community are designated as a g r i c u l t u r a l i n the OCP w i t h only a few minor infringements. Compare Figures 1 and 2. This means that there - 1.18 - w i l l be no non-farm development of these lands unless i t i s f i r s t approved by the ALC. Most of the a n t i c i p a t e d future r e s i d e n t i a l development over the next twenty years i s to be handled through a d e n s i f i c a t i o n of the Brentwood Bay and Saanichton areas; both of which are e x i s t i n g r e s i d e n t i a l areas w i t h s e r v i c i n g . The density of two areas designated as estate r e s i d e n t i a l w i l l a l s o be increased (Planning Areas 1 and 17). Refer to Figure 5 and Table IV. The m u n i c i p a l i t y has estimated that i s can house a t o t a l population of 14,510 i n the next twenty years using a fa m i l y s i z e r a t i o of 3.4 persons i n a s i n g l e d w e l l i n g u n i t and 2.2 persons i n m u l t i p l e u n i t s . (The Corporation of the D i s t r i c t of C e n t r a l Saanich, 1979, 66). Considering that the average f a m i l y s i z e r a t i o i n 1981 was 2.8, the use of t h i s r a t i o would seem reasonable ( S t a t i s t i c s Canada, 1981). However, of the estimated 14,510 people, i t would appear that 625 people are to be accommodated i n planning areas which are i n te ALR. See Table I I I . Whether or not there are vacant l o t s or housing i n the ALR which w i l l accommodate these 625 people i s not made c l e a r . 5.2.11 Land Use P o l i c i e s o f t h e C a p i t a l R e g i o n a l D i s t r i c t The CRPB which was e s t a b l i s h e d i n 1951 under the p r o v i s i o n s of the Twon Planning A c t , produced i t s f i r s t r e g i o n a l plan i n 1954. The C a p i t a l takes Stock was l a r g e l y an inventory of r e g i o n a l resources, although the problem of r u r a l land e r o s i o n was mentioned at t h i s time. Urban sprawl was r e f e r r e d to as the 'urban octopus' and i t was pos t u l a t e d that i f t h i s trend was allowed to continue unchecked that i t would suburbanize the r u r a l areas: "Rural becomes suburban and then - 119. - urban as the r e s i d e n t i a l wave r o l l s on." (CRPB, 1954, 9). The CRPB was concerned w i t h the impact that urban sprawl would have on land values f o r a g r i c u l t u r e and the increases i n s e r v i c i n g demands. Areas of p a r t i c u l a r concern were C e n t r a l Saanich, Saanich and the V i l l a g e of Sidney. I t was recommended i n t h i s plan that the m u n i c i p a l i t i e s adopt zoning by-laws i n order to p r o t e c t productive lands and to d i r e c t growth to the poorer s o i l s . I t was suggested that r e g i o n a l growth be d i r e c t e d towards Langford and Metchosin. In 1959, the C a p i t a l Region P l a n was adopted. The plan r e l i e d h e a v i l y on the s u p p o s i t i o n that there could be containment of growth i n the m e t r o politan area and that there could be an o r d e r l y phasing of development outwards from the core. In the p l a n , C e n t r a l Saanich was p r i m a r i l y designed f o r a g r i c u l t u r a l use w i t h some country homes. There were a l s o lands a l l o c a t e d f o r t o u r i s t accommodation and parkland, urban r e s i d e n t i a l uses were to be concentrated around Brentwood Bay. I t was expected that t h i s would accommodate the estimated 3700 people who would be l i v i n g i n C e n t r a l Saanich by 1976. (CRPB, 1959, 27) The plan advised that urban sprawl be avoided as i t would d i s r u p t a g r i c u l t u r a l development. (CRPB, 1959, 20) The plan d i d , however, recognize that C e n t r a l Saanich would one day be subject to urban growth demands which i t would have to accommodate. In the 1957 study of C e n t r a l Saanich by the CRPB, i t had been noted that there was a decrease i n the average p a r c e l s i z e of newer farms i n the community: "This may i n d i c a t e the breaking up of farm holdings i n t o smaller u n i t s of production which would have the e f f e c t of adding to the - 120 - p o p u l a t i o n i n the r u r a l area. However, as the numbers i n v o l v e d are only a small f r a c t i o n of the 20,000 population f o r e c a s t f o r the r u r a l area t h i s process should not be s i g n i f i c a n t i n the future d i s t r i b u t i o n of the r e g i o n a l population. (CRPB, 1959, 25) On t h i s premise, i t was recommended that a minimum l o t s i z e of three acres be adopted i n zoning by-laws to c o n t r o l r e s i d e n t i a l s u b d i v i s i o n outside the designated urban areas. This would allow some of the s u b d i v i s i o n supposedly necessary f o r the f u t u r e . A f t e r changes i n 1965/ to the M u n i c i p a l Act, the CRPB became the CRD, but the f u n c t i o n s of the new governmental body were e s s e n t i a l l y the same. I n 1972, f i v e a l t e r n a t i v e development proposals were presented to the CRD. Of these f i v e proposals, the one which s h i f t e d development away from the Saanich Peninsula was chosen f o r the basis of the ORP. T i s choice was made i n r e c o g n i t i o n of the need to preserve the v a l u a b l e a g r i c u l t u r a l land of the Saanich P e n i n s u l a . In 1974, the CRD adopted t h i s concept as the ORP f o r the v i c t o r i a M e t r o p o l i t a n Area By-law 1980. In C e n t r a l Saanich, Brentwood Bay, East Saanichton and Saanichton (Refer to Figure 5) were designed as establshed urban areas were urban growth could continue w i t h the p r o v i s o that there be the necessary s e r v i c i n g and that the use was allowable under the OCP. There was an e s t a b l i s h e d i n d u s t r i a l area along Keating Cross Road. P o t e n t i a l urban uses were designated around East Saanichton and along the uplands of the eastern coast. (See Figure 5) The remainder of the m u n i c i p a l i t y was designed as e i t h e r a g r i c u l t u r a l or uplands. Uses i n the a g r i c u l t u r a l areas ( i . e . the ALR) being r e s t r i c t e d to those allowable under the ALC Act. - 121 - I t was recommended i n the ORP that there be compatible land use s i t e d along the i n t e r f a c e of a g r i c u l t u r a l and urban use areas, so as t o : "... minimize incompatible land use r e l a t i o n s h i p s , p a r t i c u l a r l y where the p h y s i c a l p a t t e r n of e x i s t i n g urban and designated ALR areas may r e s u l t i n mutually o b j e c t i o n a b l e p h y s i c a l e x t e r n a l e f f e c t s such as no i s e , odour, dust, e t c . " (CRD, 1974, 17) I t was a l s o recommended that there be a c l e a r e r d e f i n i t i o n i n the OCP regarding the r e l a t i o n s h i p between lands i n the ALR which were s u i t e d f o r n o n - a g r i c u l t u r a l development. Whether or not t h i s i s to suggest that there be n o n - a g r i c u l t u r a l development of these lands i s not made c l e a r . At that time, under the p r o v i s i o n s of the M u n i c i p a l Act (RSBC 1960, Ch. 255), a l l OCPs had to conform to the ORP as did a l l l o c a l zoning by-laws. In the CRD's ORP, member m u n i c i p a l i t i e s were given a two year period i n which to conform t h e i r by-laws. Under the act at t h i s time, n e i t h e r the r e g i o n a l board or c o u n c i l could enact any by-laws which would be contrary to the ORP. 5.3 The Present Situation C e n t r a l Saanich has a l i m i t e d land base and of that land, approximately two-thirds i s i n the ALR. From 1973 to the present, there has been comparatively l i t t l e s u b d i v i s i o n a c t i v i t y or non-farm development of a g r i c u l t u r a l l a n d , most l i k e l y becasue of the design a t i o n of the ALR. However, the community has continued to grow since that time. There was a 33% increase i n the population between 1976 and 1981. (See Table I I ) . The non-farm development which has not been - 122 - FIGURE 5 CENTRAL SAANICH'S PLANNING AREAS - 1979 i i . a 8 8. Ig <0 .2 o ^ c o£ o > "If - E 2 o « u c 0) _ O 331 is <> r - L U C O Q CO i - C flj . <1) — «*- « <D C CD " O o *- "S5 ? » w C w 2 0 5 2 » '5 w ® 0) 0) >- "D CO O o c CD CO a >. a> u n d a r re n c  a n ti  e a rs  3 CD f >, b o  re f So ri c  ri c  o X * - CD is t .2 •o = CD i_ CD o >- CD CO c c o n  tw  &s 'E '£ 0) CD o t re  e e d s  Ia n  Ia n  ta g  O) CO o t re  e e d s  a a CO (0 CO S o u r c e ; Official Community Plant Central Saanich, 1079. " 123 " Table IV: Area, P o p u l a t i o n and E f f e c t i v e Capacity by Planning D i s t r i c t . P l a n n i n g D i s t r i c t Area Hectares P o p u l a t i o n June, 1976 E f f e c t i v e Capacity Staging 1 202 190 330 - 2 862 590 780 - 3 462 535 600 - 4 40 240 680 1 5 97 580 1,820 1 6 (Indian Reserve) 201 - - - 7 222 230 280 - 8 (Indian Reserve)^ 259 - - - 9 860 530 750 - 10 38 410 660 1 11 323 195 240 - 12 272 2,230 4,930 1 13 270 360 405 - 14 115 50 0 1 15 299 310 420 - 16 36 215 565 1 17 112 910 2,050 2 4,670 7.415 14,510 ^ E f f e c t i v e c apacity r e l a t e s to the population that could be accommodated under current development by-laws, a l l o w i n g f o r i n e f f i c i e n c i e s i n land assembly, and represents 75% of maximum capacity. ^Indian Reserves are not subject to municipal j u r i s d i c t i o n and are not covered by the Community Plan . ^Assumed household s i z e s : s i n g l e f a m i l y and two f a m i l y u n i t s - 3.4 persons, m u l t i p l e u n i t s - 2.2 persons. Source: The O f f i c i a l Community Plan of C e n t r a l Saanich. - 124 - happening i n the ALR, has been t a k i n g place on those lands outside i t . With a present population of n e a r l y 10,000 an average annual rate of growth whch has been greater than 6%, and a l l signs i n d i c a t i n g that the trend of population growth w i l l continue, the communty w i l l be faced w i t h some serious choices or dilemmas i n the near f u t u r e . P a r t i c u l a r l y , i f the OCP i s c o r r e c t i n i t s e s t i m a t i o n of the maximum number of people that can be accommodated i n the non-ALR as being 14,510, given or take the 625 people r e f e r r e d to above. The l i m i t e d land base of C e n t r a l Saanich, however, r e s t r i c t s i t s options. While the present l o c a l c o u n c i l appreciates that here w i l l be more development i n the community i n the future and that growth should be accommodated, the C o u n c i l s t i l l wishes to protect i t s a g r i c u l t u r a l land and the a g r i c u l t u r a l use of that land (Durrand, 1982; Corporation of the D i s t r i c t of C e n t r a l Saanich, 1979). While the present c o u n c i l does not have a 'pro-development' a t t i t u d e , i t does not o v e r t l y discourage development from t a k i n g place i n the community. The c o u n c i l , however, does not wish the population of the community to exceed 15,000. One reason being that once that population i s reached, i t w i l l be necessary f o r the community to employ a f u l l - t i m e f i r e department which would be a s t r a i n on i t s l i m i t e d tax base and most l i k e l y mean a tax increase f o r property owners. The a t t i t u d e of many of the r e s i d e n t s of C e n t r a l Saanich appears to be g e n e r a l l y sympathetic to the p r e s e r v a t i o n of a g r i c u l t u r a l land and the a g r i c u l t u r a l i n d u s t r y . However, t h i s support i s not always a t t r i b u t a b l e to the concern about s e l f - s u f f i c e n c y i n food production or - 125 - the supply of food to other parts of the world. Instead, t h i s concern i s oftentimes due to the fear of crowding becasue of too much development, increased taxes, d e s t r u c t i o n of the p a s t o r a l atmosphere of the countryside and l o s t of the a e s t h e t i c a t t r i b u t e s of the r u r a l landscape. Therefore, a 'no-more-development 1 a t t i t u d e p r e v a i l s i n the community and i s r e f l e c t e d i n the v o t i n g choices of the r e s i d e n t s of C e n t r a l Saanich. The a t t i t u d e s and p o l i c i e s of the present c o u n c i l would appear to concur w i t h those of the l o c a l populus. (The i n f o r m a t i o n f o r t h i s paragraph was obtained from conversations w i t h the mayor, an alderman, the m u n i c i p a l c l e r k , the development o f f i c e r , a l o c a l farmer, s e v e r a l people i n the community, and reading the l o c a l newspaper and the minutes of some c o u n c i l meetings). 5.3.1 The Saanich Peninsula Green Zone Committee I n January of 1981, a meeting was held by the Saanich Peninsula Farmers' I n s t i t u t e to l i s t e n to explanations from the r e p r e s e n t a t i v e of the Green Zone Committee of the M i n i s t r y of A g r i c u l t u r e , on 'green-zoning' and the A g r i c u l t u r a l Environmental C o n t r o l Programme. As a r e s u l t of t h i s meetng and other r e l a t e d issues (the I s l a n d Peninsula H o s p i t a l and a proposed p i g g e r y ) , which w i l l be explained more f u l l y l a t e r i n t h i s chapter, an ad hoc committee comprised of l o c a l farmers and l o c a l p o l i t i c a n s from the various communities on the Saanich Peninsula was formed. This committee, c a l l e d the Saanich Peninsula Green Zone Committee (Saanich P e n i n s u l a GZC), under i t s terms of reference wished to: "Consider measures to preserve and protect - 126 - a g r i c u l t u r a l land on the Saanich Peninsula from urban encroachment." (GZC, 1982, 3) The Committee wished to consider those measures which would be workable under the p r e s e n t l y e x i s t i n g l e g a l parameters, which would take i n t o c o n s i d e r a t i o n the topography of the Peninsula and which would respect the r i g h t s and needs of the present and fu t u r e r e s i d e n t s of the area, who, "...may not be i n v o l v e d , concerned or knowledgeable of the need and problems of p r o t e c t i n g farmland." (GZC, 1982, 3) In essence, the GZC not only wants to preserve the i n t e g r i t y of the ALR, but to go a step f u r t h e r , and to see what measures l o c a l government can implement to a s s i s t i n strengthening the ALR and f u r t h e r p r o t e c t a g r i c u l t u r a l land i n the community. In J u l y of 1982, the GZC published a report e n t i t l e d , "Preserving the A g r i c u l t u r a l Land Reserve". In t h i s r e p o r t , what were thought to be the major is s u e s p e r t a i n i n g to the p r o t e c t i o n of l o c a l a g r i c u l t u r e were l i s t e d and explained. Recommendations were then o f f e r e d on what course of a c t i o n to f o l l o w f o r each of the eleven issues i d e n t i f i e d . The eleven issues i d e n t i f i e d were as f o l l o w s : 1) B u f f e r s ; 2) I n s t i t u t i o n a l Uses; 3) Minimum Separation Distances; 4) Expansion of Farms; 5) Development Rights and Compensation; 6) Taxation of A g r i c u l t u r a l Land; 7) I r r i g a t i o n Water; 8) Drainage; 9) Fencing and Landscaping; 10) Environmental Standards; and 11) Forested A g r i c u l t u r a l Land. Some of these issues have already been discussed i n the study i n a general sense. Several of these issues w i l l be discussed i n greater d e t a i l i n the f o l l o w i n g s e c t i o n s of t h i s study. The purpose of t h i s t h e s i s i s not to c r i t i c i z e the GCZ's r e p o r t , and the w r i t e r would l i k e to point out - 127 - that some very good recommendations were made by the GZC. However, there were a l s o a few recommendations which might prove to be i m p r a c t i c a l or unnecessary. 5.3.2 The Peninsula Hospital Controversy While the p r o v i s i o n s of the ALC Act e f f e c t i v e l y prevent s u b d i v i s i o n and non-farm development from happening i n designated ALR's, there i s , what i s though to be, one notable exception i n C e n t r a l Saanich: the I s l a n d Peninsula H o s p i t a l . S i t u a t e d i n the middle of a f i e l d and bounded by two a g r i c u l t u r a l o p e r a t i o n s , the Peninsula H o s p i t a l i s a divergent land use. The question a r i s e s as to how and why permission f o r the c o n s t r u c t i o n of the h o s p i t a l was given and who a c t u a l y gave the permission. The present c o u n c i l of C e n t r a l Saanich, the muni c i p a l s t a f f and the Saanich Peninsula GZC are a l l under the impression that the Peninsula H o s p i t a l was approved as a c o n d i t i o n a l use by the ALC, pursuant to the p r o v i s i o n s of B.C. Regs. 93/75, and t h e r e f o r e , blame the ALC f o r the land use c o n f l i c t s created between the h o s p i t a l and surrounding a g r i c u l t u r a l uses. While i t i s true that B.C. Regs. 93/75 d i d c l a s s p u b l i c i n s t i t u t i o n s as c o n d i t i o n a l uses, and the Commission was more l e n i e n t i n a l l o w i n g i n s t i t u t i o n a l uses than other uses, an extensive search of the Commission's records showed no approval of the Peninsula H o s p i t a l under the p r o v i s i o n s of B.C. Regs. 93/75 or even the A g r i c u l t u r a l Land Commission Act. (B.C. Regs. 93/75 have been rescinded and replaced w i t h B.C. Regs. 7/81 and 8/81, which r e q u i r e that a p p l i c a t i o n f o r - 1 2 8 - i n s t i t u t i o n a l uses be made under the ALC A c t ) . I t was noted that the property which the h o s p i t a l i s s i t u a t e d on i s not i n the ALR. Further search of the Commission's records i n d i c a t e d that at the time at whch the ALR boundaries were designated, and the h o s p i t a l land was d e l i b e r a t e l y excluded from the ALR. This n o n - i n c l u s i o n of the property would seem to i n d i c a t e that a b u i l d i n g permit f o r the h o s p i t a l had already been obtained or e l s e c o n s t r u c t i o n had already s t a r t e d p r i o r to the d e s i g n a t i o n of the ALR. The o r d e r - i n - c o u n c i l ( o - i - c ) maps were q u i c k l y d r a f t e d up a f t e r the o r d e r s - i n - c o u n c i l were passed on December 21, 1972, ' f r e e z i n g ' development on a l l a g r i c u l t u r a l land i n the province. These o - i - c maps show the h o s p i t a l as not being i n the 'land f r e e z e ' . There i s no reference on the o - i - c maps as to why the h o s p i t a l was not i n c l u d e d i n the 'land f r e e z e ' nor i s there any record of any requests f o r exemption of the property from the p r o v i s i o n s of the o r d e r s - i n - c o u n c i l . I t would, t h e r e f o r e , seem that permission to b u i l d the Peninsula H o s p i t a l was obtained p r i o r to December 21, 1972, the day that the 'land f r e e z e ' came i n t o e f f e c t . I t would appear that the onus f o r a l l o w i n g the h o s p i t a l i s w i t h the l o c a l government i t s e l f , although i t denies a l l o w i n g the h o s p i t a l . 5.3.3 Other Issues Concerning the Green Zone Committee The controversy surrounding the Peninsula H o s p i t a l above served as one of the c a t a l y s t s f o r the formation of the GZC. Another i s the complaints from the h o s p i t a l a d m i n i s t r a t i o n and p a t i e n t s regarding the smells and noises from the neighbouring a g r i c u l t u r a l uses. The GZC i s - 129 - very concerned w i t h preventing any f u r t h e r i n s t i t u t i o n a l uses or other urban-oriented a c t i v i t i e s i n the midst of an a g r i c u l t u r a l area (GZC, 1982). Another is s u e which served to i n s t i g a t e the formation of the GZC was a proposal to b u i l d a piggery on a property near the Peninsula H o s p i t a l . As w i t h any i n t e n s i v e a g r i c u l t u r a l use i n v o l v i n g animal husbandry, there i s a s i g n i f i c a n t odour produced. A piggery so close to the h o s p i t a l would only exacerbate the incidence of land use c o n f i c t s and complaints. When faced w i t h t h i s proposal f o r a piggery, i t was discovered by the l o c a l c o u n c i l that C e n t r a l Saanich's by-laws would a l l o w the use, as would the ALC Act. F o r t u n a t e l y f o r the c o u n c i l , the proposed piggery d i d not meet the required standards of the M i n i s t r y of Hea l t h , and the farmer could not obtain the necessary f i n a n c i n g . However, t h i s proposal a l e r t e d the c o u n c i l to i t s lack of c o n t r o l over the s i t i n g requirements f o r i n t e n s i v e a g r i c u l t u r a l operations and i t s present i n a b i l i t y to prevent such a use i n an a g r i c u l t u r a l zone. The proposed piggery and the problems w i t h the Peninsula H o s p i t a l promted the l o c a l c o u n c i l i n conjunction w i t h the Saanich P e n i n s u l a Farmers' I n s t i t u t e to meet w i t h the Green Zone Committee of the M i n i s t r y of A g r i c u l t u r e to discuss 'green zoning'. 'Green Zoning', sometimes r e f e r r e d to as 'minimum separation d i s t a n c e s ' , i s s e r i o u s l y being considered by C e n t r a l Saanich's c o u n c i l f o r implementation i n the community. One of the recommendations i n the report prepared by the Saanich Peninsula GZC i t t h a t , the c o u n c i l , "Adopt the system of minimum separation requirements as modified by l o c a l c o n d i t i o n s which are l i s t e d - 130 - below." (GZC, 1982, 12) Thereupon f o l l o w s a l i s t of ten ways i n which to adjust green zoning to make i t more s u i t a b l e to l o c a l c o n d i t i o n s . Some of these adjustments includ e spot zoning and l e a v i n g d i a r y operations under the e x i s t i n g r e g u l a t i o n s , i . e . not subject to green zoning. The problems that would be created by these adjustments would s e r i o u s l y damage the e f f e c t i v e n e s s of green zoning. The f e a s i b i l i t y of implementing green zoning i n C e n t r a l Saanich w i l l be discussed at greater length s h o r t l y . However, i t should be noted that the w r i t e r i s of the impression that the GZC and perhaps, the c o u n c i l have overestimated the c a p a b i l i t i e s of green zoning. Some of the other concerns of the GZC are more a c c u r a t e l y defined as s o l u t i o n s to the r u r a l land use c o n f l i c t s that the m u n i c i p a l i t y i s experiencing. These include b u f f e r s , 'Development Rights and Compensation', and 'Fencing and Landscaping'. The problems w i t h ' I r r i g a t i o n ' and Drainage i d e n t i f i e d by the GZC have already been discussed i n t h i s study. The issues of 'Forested A g r i c u l t u r a l Land' and 'Environmental Standards' were not r e a l l y p e r t i n e n t , i n t h a t , there i s no a c t i v e logging t a k i n g place i n C e n t r a l Saanich other than small woodlots whch do not r e a l l y harm the a g r i c u l t u r a l land or come i n t o c o n f l i c t w i t h a g r i c u l t u r a l lands. Environmental Standards i s a euphuism f o r the M i n i s t r y of A g r i c u l t u r e and Food's A g r i c u l t u r a l Environmental C o n t r o l Programme. In the A g r i c u l t u r a l Environment C o n t r o l Programme (AECP), i f there are frequent complaints about a farm operation regarding s m e l l , n o i s e , e t c . which are l i k e l y due to poor management of the farm, a - 131 - re p r e s e n t a t i v e group of farmers i s s e l e c t e d by the BC Federation of A g r i c u l t u r e to go out to i n v e s t i g a t e the complaints. I f these complaints are found to be v a l i d and due to poor management or some other c o r r e c t a b l e reason, the group of farmers make recommendations on how these problems can be overcome. I f the problem i s severe enough, the P o l l u t i o n C o n t r o l Branch i s c a l l e d i n . Although the AECP has no l e g i s l a t i v e foundation or powers, i t i s hoped that the peer pressure from the r e p r e s e n t a t i v e group of farmers w i l l s u f f i c e . The only remaining is s u e i n the, GZC report was the problem of 'Taxation of A g r i c u l t u r a l Land' which w i l l be discussed i n the f o l l o w i n g s e c t i o n . 5.3.4 Rural Land Use Conflicts i n Central Saanich In the course of the d e s c r i p t i o n s of C e n t r a l Saanich, i t s planning h i s t o r y and the d i s c u s s i o n of major i s s u e s , i t should have become evident to the reader that many of the r u r a l land use c o n f l i c t s that were described i n a more general sense i n Chapter One can be found i n C e n t r a l Saanich. Now, the status of those r u r a l land use c o n f l i c t s i n C e n t r a l Saanich w i l l be discussed. I t should be remember though, that not only has the enactment of the ALC Act a l l e v i a t e d some of the r u r a l land use c o n f l i c t s and prevented other r u r a l land use c o n f l i c t s from o c c u r r i n g , but some of the a c t i o n of the municipal government have a l s o done t h i s . (1) I n f l a t e d P r i c e of Land: Whether or not non-farm development i s responsible f o r the i n f l a t e d p r i c e of a g r i c u l t u r a l land i n C e n t r a l Saanich i s a moot p o i n t . A complex range of v a r i a b l e s could p o s s i b l y be r e s p o n s i b l e f o r the increased p r i c e of land such as the normal rat e of i n f l a t i o n , increase cost of s e r v i c e s , the ALC Act , investment trends or an increased demand of a g r i c u l t u r a l land f o r a g r i c u l t u r a l purposes. However, i t i s l i k e l y that the demand f o r a g r i c u l t u r a l land f o r non-farm purposes has had something to do w i t h the increased p r i c e . Whatever the reason, the p r i c e of land not only i n C e n t r a l Saanich but the r e s t of the province has been r i s i n g . I t i s worth noting that today i n C e n t r a l Saanich that a g r i c u l t u r a l land costs between $8,000 and $10,000 an acre (Durrand, 1982). I t i s some of the highest p r i c e d a g r i c u l t u r a l land i n the province today. (2) Land Fragmentation: Evidence of past small l o t s u b d i v i s i o n i n C e n t r a l Saanich can be seen i n present day l e g a l maps of property. The 1967 study of s u b d i v i s i o n a c t i v i t y i n C e n t r a l Saanich, documents the amont and l o c a t i o n of c o n s t r u c t i o n and s u b d i v i s i o n a c t i v i t y from 1961 to 1966. In the study, the r u r a l area was found to have the t h i r d highest r a t e of s u b d i v i s i o n and c o n s t r u c t i o n a c t i v i t y . See Figures 3 and 4. (NB. The holding category was defined as l o t s which had been subdivided and s o l d but not b u i l t on). Almost a l l of the s u b d i v i s i o n a c t i v i t y represented a demand f o r p a r c e l s i z e s of one to f i v e acres, r e f l e c t i n g a demand f o r p a r c e l s i z e s of one to f i v e acres, r e f l e c t i n g a demand f o r 'country homes'. This trend probably continued i n t o the e a r l y s e v e n t i e s . The ALC Act has e f f e c t i v e l y h a l t e d much of t h i s fragmentation of a g r i c u l t u r a l land. However, the past fragmentation of a g r i c u l t u r a l land can not be erased. - 133 - (3) Taxation Increases: The municipal of C e n t r a l Saanich makes a concious e f f o r t to keep down the taxes f o r those lands i n the ALR as does the province. Land i n the ALR rec e i v e s a 50% r e d u c t i o n i n the school taxes and i f i t Is assessed as farmland by the BC Assessment A u t h o r i t y , t h i s p r e f e r r e n t i a l tax assessment w i l l r e s u l t i n a s u b s t a n t i a l l y lower r a t e of t a x a t i o n . In 1980, those lands i n the ALR generated 8.15% of the property tax revenues f o r the m u n i c i p a l i t y , although those ALR lands c o n s t i t u t e 51.6% of the t o t a l land base. C l a s s i f i e d farmlands account f o r 40.6% of the land base and 4.05% of the taxes (Durrand, 1982) See Table V. Table V: 1980 Taxation by Land Use Category Areas ( i n acres) % of Area % of Property Tax ALR Land (Non-Farm) 1370 11.07 4.1 C l a s s i f i e d Farm 5034 40.6 4.05 R e s i d e n t i a l / C o m m e r c i a l / I n d u s t r i a l 5966 48.3 91.85 T o t a l 12370 100.0 100.0 Source: 1980 Assessment R o l l . The l o c a l c o u n c i l supports t h i s d i s a p p o r t i o n a t e a l l o c a t i o n of t a x a t i o n . The r a t i o n a l e being that i f the cost of l i v i n g i n the r u r a l area i s high becasue r e s i d e n t i a l property owners are c a r r y i n g the bulk - 134 - of the tax burden, then l e s s people w i l l move to the area. I t i s a l s o though that r e s i d e n t i a l property owners should be w i l l i n g to pay higher taxes to keep the area r u r a l (Durrand, 1982). (4) Competition For A g r i c u l t u r a l Land by Non-Farm Uses: The presence of t h i s c o n f l i c t i s evident by the presence of r e s i d e n t i a l development on a g r i c u l t u r a l l a n d , the l o c a t i o n of the I s l a n d P e n i n s u l a H o s p i t a l and S t e l l y ' s Crossroad High School i n a g r i c u l t u r a l areas, and other such remaindes of the outcome of the competition between a g r i c u l t u r a l and n o n - a g r i c u l t u r a l uses. However, t h i s type of competition f o r a g r i c u l t u r a l land has been h a l t e d by the ALC Act and l o c a l zoning. (5) Impact of Tr a n s p o r t a t i o n and U t i l i t y C o r r i d o r s : The presence of r e s i d e n t i a l and commercial uses along the Pat Bay Highway shows the impact of a t r a n s p o r t a t i o n c o r r i d o r on land use p a t t e r n s . However, the Pat Bay Highway does not appear to have b i s e c t e d any e s t a b l i s h e d commercial a g r i c u l t u r a l o perations. The c o n s t r u c t i o n of the highway i n the e a r l y s i x t i e s was l a r g e l y an upgrading of e x i s t i n g roads. The highway d i d make a d a i l y commute (approximately 16 k i l o m e t r e s ) to a job i n V i c t o r i a much quicker and e a s i e r which probably encouraged r e s i d e n t i a l development i n the community. There are no u t i l i t y c o r r i d o r s to speak of i n the C e n t r a l Saanich. (6) P h y s i c a l Impacts: There are d e f i n i t e l y r u r a l land use c o n f l i c t s i n C e n t r a l Saanich which are a t t r i b u t a b l e to p h y s i c a l impacts. Examples such as the excess run-off from the Islandview s u b d i v i s i o n , competition between a g r i c u l t u r a l and r e s i d e n t i a l users of - 135 - water, complaints about the smells and noises of a g r i c u l t u r e received by the municipal o f f i c e , the concern over the p o s s i b l e c o n s t r u c t i o n of a piggery, and so f o r t h have a l l been mentioned i n the preceeding d i s c u s s i o n of C e n t r a l Saanich. I t i s the r u r a l land use c o n f l i c t s from p h y s i c a l impacts which seem to be the main concern of the l o c a l c o u n c i l and the GZC, and the one which they are now addressing. Most other types of r u r a l land use c o n f l i c t s have resolved to whatever extent p o s s i b l e . Although there are r u r a l land use c o n f l i c t s such as the Peninsula H o s p i t a l and the p a r c e l i z a t i o n of a g r i c u l t u r a l land which i t i s too l a t e to prevent; the c o n f l i c t s can only be a l l e v i a t e d , i f p o s s i b l e . (7) S o c i a l and P s y c h o l o g i c a l Impacts: This type of impact i s very i n t a n g i b l e and not r e a d i l y evident. As shown i n Table I I I , the farm population i n 1976 was only 4.5% of the t o t a l population of C e n t r a l Saanich as opposed to 42% i n 1951. Not only has there been an increase i n the number of non-farm r e s i d e n t s i n the m u n i c i p a l i t y but there has been a d e c l i n e i n the t o t a l farm population as w e l l . Because of the changes i n the composition of the population (not only i n terms of employment but accompanying l i f e s t y l e s ) , there has l i k e l y been changes i n the s o c i a l f a b r i c of the community as w e l l . The d e c l i n e i n the farming population could be taken as being r e p r e s e n t a t i v e of the p s y c h o l o g i c a l impacts of urban sprawl and other r u r a l land use c o n f l i c t s . Despite t h i s compositional change, there would, however, appear to be strong support i n the community f o r the c o n t i n u a t i o n of a g r i c u l t u r e . But t h i s , as i t was explained e a r l i e r , could be due to the - 136 - f e a r of crowding, increased taxes and the d e s t r u c t i o n of the r u r a l environment. (8) Changes i n the P o l i t i c a l Composition: Many of the members of the l o c a l c o u n c i l are e i t h e r hobby farmers or part-time farmers, whereas, at one time, a l l the c o u n c i l members would have been farmers. However, the l o c a l c o u n c i l i s very supportive of a g r i c u l t u r e and dedicated to the c o n t i n u a t i o n of a g r i c u l t u r a l a c t i v i t i e s i n the community. The a t t e n t i o n paid to the problem of r u r a l land use c o n f l i c t s , the p o l i c y statements of the OCP and the number of aldermen who are a l s o members of the Saanich P e n i n s u l a GZC are a l l i n d i c a t i v e of t h i s . While there have been changes i n the p o l i t i c a l composition of the c o u n c i l , t h i s has not manifested i t s e l f a change of a t t i t u d e to a g r i c u l t u r e . The c o u n c i l seems to be genuinely sympathetic to a g r i c u l t u r e and the problems i t i s f a c i n g . (9) S p e c u l a t i o n , Foreign Investment and Absentee Landowners: Recently, there have been a couple of a g r i c u l t u r a l p r o p e r t i e s l y i n g east of the Pat Bay Highway which have been purchased by f o r e i g n i n v e s t o r s (Durrand, 1982). One of the p r o p e r t i e s l i e s i d l e while the other one i s rented by a farmer. 5.4 Conclusions Since i t s i n c o r p o r a t i o n in. 1951, C e n t r a l Saanich has undergone changes to i t s land use p a t t e r n s . I t s population has grown from 2069 to 9890 people. The s o c i a l composition has changed from predominantly r u r a l to l a r g e l y ex-urbanite. The importance to a g r i c u l t u r e to the - 137. - economic base has decreased. There has been r e s i d e n t i a l , i n d u s t r i a l and commercial development both i n a g r i c u l t u r a l and n o n - a g r i c u l t u r a l areas. The whole nature of the community i s changing. These changes have r e s u l t e d i n c o n f l i c t s between a g r i c u l t u r e and non-farm development. Measures have already been taken at the l o c a l l e v e l , as w e l l as the p r o v i n c i a l l e v e l , to a l l e v i a t e and prevent many of these r u r a l land use c o n f l i c t s . However, the measures have not been adequate to c o n t r o l and prevent a l l the r u r a l land use c o n f l i c t s . The community i s s t i l l e x periencing problems. Moreover, there are l i m i t s to what can be done to a l l e v i a t e some of the problems created by the I s l a n d P e n i n s u l a H o s p i t a l and other misplaced land uses. While the prevention of fu t u r e land use c o n f l i c t s seems to be an acknowledged g o a l , and a goal which the community has taken many p o s i t i v e steps to achieve, there i s s t i l l the problem of c o n t r o l l i n g the e x i s t i n g r u r a l land use c o n f l i c t s . I t i s the c o n t r o l of e x i s t i n g r u r a l land use c o n f l i c t s . I t i s the c o n t r o l of e x i s t i n g r u r a l land use c o n f l i c t s which i s the main concern of the l o c a l c o u n c i l and i n p a r t i c u l a r , the c o n t r o l of r u r a l land use c o n f l i c t s due to p h y s i c a l impacts. There i s a l s o the concern over the prevention and a l l e v i a t i o n of future r u r a l land use c o n f l i c t s due to p h y s i c a l impacts, thus the i n t e r e s t i n green zoning. I t i s the r e s o l u t i o n of these concerns that the next s e c t i o n of t h i s study i s d i r e c t e d . -138 - CHAPTER VI CONCLUSIONS AND RECOMMENDATIONS As demonstrated i n the case study t r a d i t i o n a l c o n t r o l e f f o r t s have too often proved incapable of pre s e r v i n g r u r a l land resources, l e t alone preventing r u r a l land use c o n f l i c t s . I f the t r a d i t i o n a l methods of c o n t r o l such as large l o t zoning and a g r i c u l t u r a l use zoning had been e f f e c t i v e i n preventing and c o n t r o l l i n g r u r a l land use c o n f l i c t s , there would have been no reason to w r i t e t h i s study. The weaknesses and inadequencies of the more t r a d i t i o n a l r e g u l a t o r y mechanisms used to prevent r u r a l land use c o n f l i c t s , i n other words, zoning, were discussed i n Chapter Three. The p o s s i b l e weaknesses an d problems of some of the more recent innovations i n land use c o n t r o l s such as the TDR were a l s o speculated on. To conclude t h i s study, recommendations f o r re g u l a t o r y and non-regulatory measures which can be implemented at the l o c a l l e v e l f o r the purpose of c a r r y i n g out a state d p o l i c y of c o n t r o l l i n and preventing r u r a l land use c o n f l i c t s w i l l be made. Recommendations as to how the p r o v i n c i a l and f e d e r a l governments through f i n a n c i a l a s s i s t a n c e , l e g i s l a t i o n and stated p o l i c y can f a c i l i t a t e and a s s i s t l o c a l government i n implementing p o l i c i e s designed to manage r u r a l land use c o n f l i c t s w i l l a l s o be made. - 139 - 5.1 Main Conclusions I t would appear that one of the main reasons why land use c o n t r o l s have been unable to cope w i t h r u r a l land use c o n f l i c t s , i s that the land use c o n t r o l s are implemented i n response to a problem that has already been created. Oftentimes a near c r i s i s s i t u a t i o n has to develop before any measures are taken - and by then i t can be too l a t e . As shown i n the case study of C e n t r a l Saanich, the 'problem' i s oft e n happening before i t i s recognized as being a 'problem'. A s u b s t a n t i a l amount of s u b d i v i s i o n a c t i v i t y happened i n C e n t r a l Saanich between 1961 and 1966 y e t , i t was not u n t i l 1967 that a zoning by-law of any r e a l meaning was implemented. Even the l a t e s t concern about r u r a l land use c o n f l i c t s , i s i n response to the proposed piggery. L o c a l zoning could not have prevented that use from o c c u r r i n g i n t e a g r i c u l t u r a l zone, yet i t would have had a s i g n i f i c a n t and negative impact on the nearby i n s t i t u t i o n a l and r e s i d e n t i a l uses. L u c k i l y f o r the l o c a l c o u n c i l , the piggery was not b u i l t , and the c o u n c i l has been a l e r t e d to a major shortcoming i n i t s l o c a l zoning by-laws. In l i g h t of t h i s , the c o u n c i l now intends to overcome t h i s shortcoming, to attempt to prevent the p o s s i b i l i t y of future r u r a l land use c o n f l i c t s and to t r y to c o n t r o l e x i s t i n g c o n f l i c t s . While the ALC Act , which i s p r e s e n t l y i n e f f e c t i n B.C., i s a very powerful land use c o n t r o l mechanism, i t too has some flaws w i t h respect to preventing and c o n t r o l l i n g land use c o n f l i c t s . A major problem being that the ALC Act only a p p l i e s to those lands i n the ALR; i t has no c o n t r o l over those land adjacent to the ALR. However, i t i s t h i s - 140 - I n t e r f a c e where many of the r u r a l land use c o n f l i c t s occur. I t would appear that no one re g u l a t o r y mechanism i n i t s e l f , even as one as powerful as the ALC Act , i s adequate to cope w i t h complex problem of r u r a l land use c o n f l i c t s . A comprehensive programme i n v o l v i n g both re g u l a t o r y and non-regulatory measures as w e l l as p u b l i c and p o l i t i c a l support i s necessary i n t a c k l i n g the problem. 6.1.1 Local Jursidiction and Control A major conclusion of t h i s study i s that there i s a d e f i n i t e need f o r p r o v i n c i a l guidance, l e a d e r s h i p and a s s i s t a n c e i n approaching the problem of r u r a l land use c o n f l i c t s , but not n e c e s s a r i l y p r o v i n c i a l i n t e r v e n t i o n . I t i s r e a l i z e d that l o c a l governments are not always equipped w i t h f i n a n c i a l or s t a f f resources to cope w i t h the complexities and range of r u r a l land use c o n f l i c t s . Moreover, l o c a l c o n s i d e r a t i o n s such as an increased tax base, job c r e a t i o n , and development pressures can outweight the concern f o r the p r e s e r v a t i o n of farmland and the prevention of r u r a l land use c o n f l i c t s . Nor i t i s often r e a l i z e d or appreciated at the l o c a l l e v e l that day-to-day d e c i s i o n s regarding land use can make a s i g n i f i c a n t d i f f e r e n c e i n the long run. I t i s the cumulative t o t a l of a l l the l o c a l d e c i s i o n s which can r e s u l t i n the er o s i o n of the a g r i c u l t u r a l base i n the province. However, because of the s i t e s p e c i f i c i t y of land use c o n f l i c t s , the uniqueness of each community's p h y s i c a l , s o c i a l , and economic environment, the var y i n g degrees of pressure f o r development i n communities and the d i f f e r e n t types of land use c o n t r o l s already i n - 141 - place i n each community, i t i s f e l t that l o c a l government should have as much l a t i t u d e as p o s s i b l e i n the s e l e c t i o nof a method to t a c k l e the problem of r u r a l land use c o n f l i c t s . The i n d i v i d u a l i t y of communities makes the implementation of one a r b r i t r a r y and mandatory s o l u t i o n at the p r o v i n c i a l l e v e l n e a r l y impossible. For example, not a l l communities have r u r a l land use c o n f l i c t s . The province should t r y through guidance and l e a d e r s h i p i n such forms as a r t i c u l a t e d p o l i c y statements, f i n a n c i a l a s s i s t a n c e , suggested p o l i c y statements f o r l o c a l governments to put i n OCP's, and supportive l e g i s l a t i o n to f a c i l i t a t e and a s s i s t l o c a l governments i n t a c k l i n g the problem at the l o c a l l e v e l . Those who advocate e x c l u s i v e l o c a l c o n t r o l without i n t e r f e r e n c e from s t a t e government(sic) are o b l i g a t e d to answer another k i n d of question: Can hundreds or thousands of l o c a l d e c i s i o n s , without b e n e f i t of comprehensive goals and g u i d e l i n e s , e f f e c t i v e l y p r o tect an i n v a l u a b l e n a t i o n a l resource? Is there a danger that the l i m i t e d perspectives of l o c a l governments may f a i l to recognize what may be v i s i b l e only i n the l a r g e r context? ( S c h i f f , 1980, 57). I f i n c e n t i v e s and inducement does not work, the province should then consider passing l e g i s l a t i o n which would requ i r e l o c a l governments to implement a programme aimed at preventing and c o n t r o l l i n g r u r a l land use c o n f l i c t s . The province should a l s o take measures to ensure that i t s own m i n i s t e r y ' s i n p a r t i c u l a r , the M i n i s t r y of Highways and the M i n i s t r y of Lands, Parks and Housing are not r e s p o n s i b l e f o r causing and c o n t r i b u t i n g to r u r a l land use c o n f l i c t s or other problems f o r the a g r i c u l t u r a l i n d u s t r y . - 142 - 6.1.2 Retention of the ALC Act The ALC Act has pre-empted much of the a u t h o r i t y of l o c a l government over land use c o n t r o l of lands i n designated ALRs. A strong recommendation of t h i s study i s that the ALC Act stay i n e f f e c t and that i t be given p o l i t i c a l support — both p r o v i n c i a l and l o c a l . L o c a l c o n t r o l over lands i n the ALR should not be r e i n s t a t e d at t h i s time. The supportive a t t i t u d e s towards a g r i c u l t u r a l land p r e s e r v a t i o n and the concern over r u r a l land use c o n f l i c t s founds i n C e n t r a l Saanich are not r e p r e s e n t a t i v e of a l l communities. There are many communities i n B.C. where a "pro-development' a t t i t u d e p r e v a i l s . To reappeal the ALC Ac t , would remove the only obstacle i n some communities to the s u b d i v i s i o n of a g r i c u l t u r a l land and the p e r m i t t i n g of non-farm uses i n a g r i c u l t u r a l areas. Moreover, i f c o n t r o l over lands i n the ALR should suddenly be re s t o r e d to l o c a l government, i t might be unable to cope w i t h the pressures f o r development. L o c a l zoning may not be designed to h a l t non-farm development and s u b d i v i s i o n because of the present r e l i a n c e on the ALC Act to perform t h i s f u n c t i o n . Time would be needed f o r the implementatin of stronger and more comprehensive c o n t r o l s at the l o c a l l e v e l before c o n s i d e r a t i o n to r e s t o r i n g l o c a l c o n t r o l over lands i n the ALR i s given. There i s a l s o a need f o r a demonstrated commitment by l o c a l government to the p r e s e r v a t i n of a g r i c u l t u r a l land and the p r o t e c t i o n of the a g r i c u l t u r a l community. Despite t h i s recommendation of r e t a i n i n g the ALC Act , i t i s not advised that l o c a l a u t h o r i t y over land use be f u r t h e r unsurped i n order to deal w i t h the problem of r u r a l land use c o n f l i c t s . - 143 - 6.1.3 Comprehensive Programmes Because of the complexities of r u r a l land use c o n f l i c t s and the wide range of causes of c o n f l i c t s , a comprehensive programme i s needed. I t appears that both r e g u l a t o r y and non-regulatory measures are needed i n comprehensive programme: Even when e f f e c t i v e l y and i n n o v a t i v e l y used, p o l i c e power r e g u l a t i o n s (e.g. zoning) alone are inadequate f o r preserving important r u r a l lands. Conservation of such a g r i c u l t u a l and environmental important lands demands a f u l l e r range of techniques. (Roe, 1976, 423). The scope and the i n t e n s i t y of the programme would, of course, depend on the development pressures and the nature of r u r a l land use c o n f l i c t s i n the community. L o c a l governments should t r y to co-ordinate and design t h e i r p o l i c i e s and plans p e r t a i n i n g to growth management and i n f r a s t r u c t u r e development such that they d i r e c t development away from a g r i c u l t u r a l lands to those areas already urbanized areas. A l l of the p o l i c i e s , zoning-by-laws, t a x a t i o n p r a c t i c e s and whatever e l s e a f f e c t s land use should be reviewed to make sure that they are co-ordinated and supportive of preventing r u r a l land use c o n f l i c t s : Too few l o c a l governments i n areas a f f e c t e d by r u r a l development are prepared f o r i t s problems. R u r a l county, township, and v i l l a g e governing bodies are accustomed to small problems and small s o l u t i o n s , and u s u a l l y see t h e i r r o l e as providers of a l i m i t e d number of e s s e n t i a l s e r v i c e s . I n the smaller communities, l i t t l e p r o f e s s i o n a l and planning e x p e r t i s e i s a v a i l a b l e , and the i m p l i c a t i o n s of new development i s of t e n seen only w i t h h i n d s i g h t . ( P o r t e r , 1981, 12). - 144 - As noted above, i t i s very important f o r l o c a l government to consider l o c a l d e c i s i o n s i n a broader context and to consider the i m p l i c a t i o n s of i t s a c t i o n s . The l o c a l government should make an e f f o r t to f a m i l a r i z e i t s e l f w i t h the problems f a c i n g a g r i c u l t u r e and undertake to increase p u b l i c awareness of the p u b l i c . I t must al s o be understood that there i s no one to answer to the problem of r u r a l land use c o n f l i c t s , t h i s i s why such a wide range of techniques are needed. 6.1.4 Citizen Participation, Public Awareness, and P o l i t i c a l Responsibility A f o u r t h conclusion of t h i s study i s that there i s a d e f i n i t e need f o r c i t i z e n p a r t i c i p a t i o n i n the decision-making process at the l o c a l l e v e l , i n p a r t i c u l a r , the p a r t i c i p a t i o n of those i n v o l v e d i n the a g r i c u l t u r a l i n d u s t r y , "The s e c r e t , according to the planners, i s to have the p a r t i c i p a t i o n and co-operation of the a g r i c u l t u r a l community from the very f i r s t . " (Toner, 1978, 5). P u b l i c and p o l i t i c a l support and involvement can determine the success of any programme. However, to get p u b l i c and p o l i t i c a l support, r e s i s t e n c e at the l o c a l l e v e l to planning may have to be overcome. Recognization of l o c a l p erception of planning and greater empathy f o r the l o c a l values and goals can help g r e a t l y i n gaining acceptance of planning. L o c a l needs and p r i o r i t i e s must be addressed. There i s a need f o r the acceptance of r e s p o n s i b i l i t y at the l o c a l p o l i t i c a l l e v e l and a committment from l o c a l p o l i t i c a n s to r e s o l v i n g and preventing r u r a l land use c o n f l i c t s i n t h e i r community. L o c a l p o l i t i c i a n s should be made to r e a l i z e that t h e i r d e c i s i o n s regarding - 145 - landuse do count and that l o c a l p o l i c y and the sum t o t a l of l o c a l d e c i s i o n s and p o l i c y can, at present, a f f e c t the future of a g r i c u l t u r e i n the province to a c e r t a i n , i f marginal, degree. While they must serve t h e i r l o c a l c onstituency, s o c i e t y ' s i n t e r e s t s can not be t o t a l l y ignored. A l l too o f t e n , l o c a l governments abdicate t h e i r r e s p o n s i b i l i t y to s o c i e t y as a whole i n favour of l o c a l concerns about increased tax revenues and am o r t i z a t i o n of l o c a l improvements. I t i s f e a s i b l e f o r t h i s heightening of awareness to be undertaken by l o c a l government. There i s a need f o r the general p u b l i c to be made aware of the problems f a c i n g a g r i c u l t u r e , of how the urbanite population can caue problems f o r a g r i c u l t u r e by t r e s p a s s i n g , complaining about farm a c t i v i t i e s , e t c . and what can be done at the l o c a l l e v e l to a l l e v i a t e some of the l o c a l problems plaguing a g r i c u l t u r e . I t i s only through p u b l i c awareness and understanding of the nature of the problem and the r a m i f i c a t i o n that i t can have, that the necessary l o c a l support f o r a p r o - a g r i c u l t u r e programme can be obtained. 6.2 Recommendations for Local Government As has been made very c l e a r , the emphasis of t h i s study i s l o c a l c o n t r o l and prevention of r u r a l land use c o n f l i c t s . However, i t i s recognized that each community i s unique and that each community w i l l have i t s own p a r t i c u l a r problems. Because of the i n d i v i d u a l i t y of each community and the s p e c i f i c nature of land use c o n f l i c t s , t h i s study has attempted to o f f e r recommendations of a more general nature so as to make them a p p l i c a b l e to a wider range of communities. As C e n t r a l - 146 - Saanich was used as a case study, there w i l l be recommendations of a more s p e c i f i c nature made f o r i t . I t should be pointed out though that many of the general recommendations made f o r l o c a l government do apply to C e n t r a l Saanich and indeed, have already been implemented. However, before implementing any measures, be they r e g u l a t o r y or non-regulatory, the l o c a l government should consider the impact of i t s d e c i s i o n and the foreseeable i m p l i c a t i o n s that i t could have. A l l too ofte n a measure i s implemented i n response to a c r i s i s s i t u a t i o n without much thought given to the l i k e l y , long-term r a m i f i c a t i o n s of the d e c i s i o n . I t should be noted that a l l of the f o l l o w i n g recommendations w i l l be s i t u a b l e or necessary f o r a l l of the communities i n the urban - r u r a l f r i n g e . Some of these proposed s o l u t i o n s may only excaberate a l o c a l problem r a t h e r than a l l e v i a t e i t - i t depends onthe community. 6.2.1 Policy Statements L o c a l government should make c l e a r l y a r t i c u l a t e of a p o l i c y to the prevent of fu t u r e r u r a l land c o n f l i c t s . There should a l s o be a p o l i c y of a l l e v i a t i n g and r e s o l v i n g any e x i s t i n g r u r a l land use c o n f l i c t s w i t h i n the community. These p o l i c y statements could be i n s e r t e d i n t o the OCP, i f t h i s issue has not already been addressed i n the study. There could a l s o be a p o l i c y statement i n support of a g r i c u l t u r e which recognizes the importance of a g r i c u l t u r e not j u s t to the community but to the province and n a t i o n as w e l l . - 147 - 6.2.2 A Comprehensive Programme I t should be recognized at the l o c a l l e v e l that there i s the need f o r a comprehensive programme i n v o l v i n g both r e g u l a t o r y and non-regulatory measures. There should be a review of e x i s t i n g by-laws and p o l i c y statements to ensure that the p o l i c i e s of preventing and c o n t r o l l i n g r u r a l land use c o n f l i c t s are supported and accommodated. I f the p o l i c i e s and by-laws are not supportive of preventing and c o n t r o l l i n g r u r a l land use c o n f l i c t s then perhaps, they should be changed so that they do. C a r e f u l r e f l e c t i o n and c o n s i d e r a t i o n should be made on the l o c a t i o n of p u b l i c f a c i l i t i e s and s e r v i c e s , e s p e c i a l l y w i t h respect to the impact that they w i l l have on a g r i c u l t u r a l land use and the d i r e c t i o n of growth i n the community. There should be an assessment of a l l rezoning a p p l i c a t i o n s and any other changes i n land use, both i n the ALR and outside of the ALR, and p a r t i c u l a r l y on the i n t e r f a c e between these lands, w i t h respect to the p o s s i b l e impacts that the changes could have on the ALR, a g r i c u l t u r a l use i n the ALR and any farming operations which are outside the ALR. L o c a l government should consider implementing by-laws which are p o s i t i v e and supportive of a g r i c u l t u r e such as t r a f f i c by-laws which respect the movement of farm equipment and animals along the road. Non-regulatory techniques and measures which are supportive of a g r i c u l t u r e should a l s o be looked a t . 6.2.3 Growth Management While the ALC Act i m p l i c i t y r e q u i r e s that m u n i c i p a l i t i e s d i r e c t urban o r i e n t e d growth away from a g r i c u l t u r a l lands, t h i s message i s not -'148 - always translated into local planning practices. The ALR is sometimes viewed as a holding zone which will one day be released from the provisions of the ALC Act for the purposes of development; therefore, local government may deliberately choose to direct growth towards the ALR based on this supposition. (The perception of the longevity of the ALC Act is dependant on commitment of the provincial government of lands in the ALR which are contingent on the success of appeal to ELUC for the removal of the land from the ALR. Some municipalities may even go so far as to orient infrastructure towards agricultural land in anticipation of its release from the ALR. It is recommended in this study that local governments promote and direct growth to already urbanized areas and non-agriculrual lands. There should be stated policies to this effect. Infrastructure development should be co-ordinated with this directing of growth and can even be used to guide i t . Local government should make a practice of good planning in its management of growth and development, and respect senior government policy. 6.2.4 Citizen Participation and Public Awareness As discussed earlier the importance of citizen participation can not be underestimated. The success of a programme can hinge on public support and participation in the decision-making process. One way to obtain public support is to educate the public and make them aware of the problems that agriculture is facing. There are a variety of non-regulatory measures which can be utilized to bring this about. Public information meetings, newsletters (with tax notices, etc.) and l o c a l newspaper a r t i c l e s can help to increase p u b l i c awareness and encourage t h e i r p a r t i c i p a t i o n . L o c a l i n t e r e s t groups can be i n v o l v e d by having meetings w i t h them and asking f o r t h e i r i n p u t. Information on the nature of r u r a l land use c o n f l i c t s and other a g r i c u l t u r a l problems can be presented to the l o c a l c o u n c i l , the APC and l o c a l i n t e r e s t groups such as the Farmers' I n s t i t u t e and the Chamber of Commerce. I t i s very important to i n v o l v e the a g r i c u l t u r a l community i n the decision-making process, t h i s can be f a c i l i t a t e d and a s s i s t e d by making a concentrated e f f o r t to get t h e i r p a r t i c i p a t i o n and being c a r e f u l to schedule meetings at times that are convenient f o r the farmers. In the schools, c h i l d r e n can be taught to respect a g r i c u l t u r e and not to d i s t u r b a g r i c u l t u r a l a c t i v i t i e s . 6.2.5 Buffering and Transition Zones Whenever and wherever i t i s p o s s i b l e , l o c a l c o u n c i l should attempt to have b u f f e r s t r i p s created between a g r i c u l t u r a l and n o n - a g r i c u l t u r a l lands. These b u f f e r s t r i p s can be open spaces, roads, t r e e s , f encing or b r i d d l e paths, e t c . There could a l s o be t r a n s i t i o n zones along the perimeter of the ALR c o n t a i n i n g such uses as hobby farms, low density housing, g o l f courses and other uses that are compatible w i t h a g r i c u l t u r e . On l o t s being developed adjacent to the ALR landowners and developers should be encouraged or required to u t i l i z e s u b d i v i s i o n designs which can minimize r u r a l land use c o n f l i c t s . (See Appendix '3') This should be mandatory f o r l o t s on which there i s a high d e n s i t y development. P r e f e r r a b l y , high density development should not be s i t u a t e d adjacent to the ALR. -150 - 6.2.6 Green Zoning Green zoning by-laws should be implemented in communities where there may be intensive agricultural operation. These by-laws should be simplified. If there is a shortage of space outside the ALR available for development, green zoning should only be used to site intensive agricultural operations, high density residential developments and institutional uses. The local council should be made to understand that green zoning will only prevent future rural land use conflicts, it is directly primarily to the problem of smell and that i t will do nothing about existing problems. 6.2.7 Servicing Subdivision by-laws should allow for a lower standard of servicing in agricultural areas. There should not be sidewalks, an over-abundance of streetlights, not a l l of the roads should be paved, and there can be septic systems. As recommended earlier, the provision of services in the urbanized areas and area designated for urbanization should be used to direct growth. 6.2.8 Taxation Referring to the lower level of standards mentioned above, i t is would be recommended that farmers do not pay taxes for services and local improvements in the non-rural area. With regard to the province's practice of preferrential assessment, and the subsequent low tax revenue for the municipality, the local government should respect this practice, - 151 - r a t h e r than complain about i t . However, an u n r e a l i s t i c tax burden should not be assumed by the n o n - a g r i c u l t u r a l population i n order t o recoup the co s t s . 6.2.9 Local Representation There should be c o n s i d e r a t i o n on the l o c a l l e v e l f o r implementing a ward system where a g r i c u l t u r a l areas are adequately represented. Although there are fewer people i n an a g r i c u l t u r a l area, the amount of area per person i s grea t e r . The ward system could be designated to accommodate t h i s lower density of population by basing the wards on area rather than population w i t h each ward having one vote. 6.3 Recommendations Specifically for Central Saanich The f o l l o w i n g recommendations are intended s p e c i f i c a l l y f o r the d i s t r i c t m u n i c i p a l i t y of C e n t r a l Saanich, remembering that many of the more general recommendations made i n the preceding s e c t i o n are already i n p r a c t i c e i n C e n t r a l Saanich. As discussed e a r l i e r , the type of r u r a l land use c o n f l i c t s which most bothered the l o c a l counci were p h y s i c a l impacts. The c o u n c i l was a l s o concerned both w i t h preventing f u t u r e c o n f l i c t s as w e l l as a l l e v i a t i n g e x i s t i n g ones. Therefore, the recommendations are d i r e c t e d to the s p e c i f i c concerns of the c o u n c i l . The p a r t i c u l a r concerns of the GZC are al s o addressed. 6.3.1 Green Zoning The l o c a l c o u n c i l and the GZC have very high expectations about the - 152 - likelihood of success of the green zoning to solve many of the problems of rural land use conflicts. The local council and the GZC should be made aware of the administrative difficulties and demands of monitoring green zoning. The possible legal implications for non-conforming uses and the question of uncertainty of green zoning must be pointed out to council. It should also be pointed out that the limited areal base of Central Saanich, the scattered nature of urban development and the large amounts of land in the ALR will restrict both agricultural and non-agricultural development more than seems to be appreciated. Another problem is the application of green zoning to dairy farming. In terms of animal units relative to the number of animals, those for cows are the lowest, one unit per animal usually. This means that there would be greater MDS for dairy operations that other intensive agricultural operations. Dairying is the main type of intensive agricultural operation in Central Saanich. The GZC recommended exemption of dairy farming from the provisions of green zoning, however, i t is one of the most offensive in terms of odour. For this reason i t is recommended that dairy farming be subject to the provisions of green zoning. But it should also be pointed out to the council that due to the limited area of Central Saanich, the scattered nature of urban development and the large amounts of land in the ALR, that green zoning may restrict both farm and non-farm development more than is appreciated, particularly i f dairy farming is included. The local council should consider applying green zoning only to intensive urban development (apartments, town houses and institutional - 153 - uses) that are outside the ALR, rather than to a l l residential development. The rationale is that with the limited amount of space available in Central Saanich for development there is going to have to be some residential development near intensive agriculture operations and abbutting the ALR. From a technical viewpoint, green zoning should be included in the local zoning by laws pertaining to the agricultural zone. For lands outside the ALR, development permits could be used to implement green zoning rather than incorporating green zoning to the zoning by-laws affecting residential zones and other urban zones. This way the siting of the building on the lot can be better controlled. The Development Officer should contact staff members at the offices of the Municipality of Chilliwack to inquire about their green zoning by-law and any difficulties that they might be having with i t . The ALC should also be contacted for assistance. One issue that green zoning may cause that the council should be made aware of is the problem of the expansion of an intensive agricultural operation. What if a farmer should decide to expand his operation, and the proposed expansion would require that the farmer increase the lot size of his operation in order to comply with green zoning but none of th eadjacent property owners would sell their land? Would the expansion be refused? What if this farmer needed to expand to remain commercially viable? Should he then have to buy another parcel of land which is not adjacent to his and wuld require the construction of new buidings, etc.? This type of problem must be considered by the local government. - 154 - There are also problems with the inherent the complexity of the mechanism. It is very difficult for a layman to understand. The mechanism does not take into account such factors as prevailing winds and management of operations. (A poorly managed operation will smell more than a well-managed operation). All of these potential problems and issues connected with the implementation of green zoning must be examined and considered by the council. Using green zoning as a blanket solution to the problem of rural land use conflicts may be more difficult than council anticipates and may do more damage than good to the agricultural community in Central Saanich. 6.3.2 Subdivision Design There could be much greater utilization of subdivision design in lot design, the citing of uses and buffering in Central Saanich than there has been in the past. The development officer in his administration of local zoning by-laws should make a practice of using development permits for non-agricultural development along the boundaries of the ALR. In new residential developments, houses should be sited as far away as possible from agricultural uses. Cul de sacs can be used in subdivision designs to discourage further extension of roads into the agricultural uses. Cul de sacs can be used in subdivision desdigns to discourage further extension of roads into the agricultural area. Cluster designs as depicted in Appendix 3 are useful in accommodating - 155 - these design considerations. Linear lots which abut the ALR with their narrow width should not have parallel road allowances that lead into the ALR. Road allowances of this nature could encourage further subdivision from the backs of lots in the ALR. Linear lots can be sited length-wise along the interface of the ALR to minimize the number of lots directly abutting the ALR. However, care should be taken in the siting of houses so that the possibility of future subdivision is reduced. These design principles and considerations can be extended to industrial and commercial uses as well. Most importantly, the development officer could incorporate some of the basic MSDs and sitting requirements of queen zoning into the administration of development permits. 6 . 3 . 3 Buffering Buffering is a useful tool in alleviating some types of rural land use conflicts, in particular, those conflicts related to trespass, noise, and physical separation of functions. In lots which are already developed, the council should examine methods of improving the buffer zones between the ALR and non-farm development. The municipal government may have to take i t upon itself to plant trees, build a few fences and do some berming in order to improve or to create a buffer strip. This might necessiate the acquisition of some land for public space, but i t could be kept to a minimum. These buffer strips can be used as trails, bike paths and bridal paths. Buffering between the ALR and future subdivisions is also recommended. The council should be made aware, however, the tight confines of - 156 - Central Saanich will make the practice of extensive buffering an unfeasible solution to the problem of rural land use conflicts. The amounts of land which are needed for extensive buffering are simply not available in Central Saanich. 6.3.4 Zoning It is recommended that the council avoid spot-zoning as much as possible when attempting to resolve rural land use conflicts, as too much spot-zoning can create an atomosphere of uncertainty. Spot-^zoning can also encourage the instigation of subdivision plans with other spot-zonings being cited as examples of precedents. Because of the correlation between the ALR and the areas zoned as Al in the municipal zoning by-law, the council should increase its minimum parcel size for the Al zone from 4 hectares to 8 hectares. This would serve as a further deterrent to requests for exclusions from the ALR. Pursuant to section 717(4) of the Municipal Act, a development permit can not vary the permitted uses or densities of lots from those which are established in the existing zoning by-laws. Therefore, in its zoning by-law, the council should try to create a transition zone along the interface of the ALR. This transition zone could have larger than average residential lot sizes and be restricted to those uses which are compatible with agricultural land uses. The incorporation of these considerations regarding use and density into the zoning by-law will assist the Development Officer in the administration of development - 157 - permits and the utilization of subdivision design techniques. 6.3.5 The O f f i c i a l Community Plan In the OCP, there are three areas in Brentwood Bay which are thought to be suitable for multiple development. (Refer to the general areas suitable for multiple development shown on Figure 1.) The development area south of Wallace Drive is quite close to the ALR and perhaps, its suitability for multiple development should be reconsidered. In the section of the OCP pertaining to Agriculture, the the council should give thought to including a policy statement to the effect that the council will not support any applications for the subdivision and non-farm use of lands in the ALR or to requests for conclusions from the ALR. In the sections of the OCP on Pedestrian Movement, and Bicycle and Equestrian Facilities, the council should entertain as a suggestion the locating of recreational pathways, bikeways and bridle paths such that they serve as buffer strips between the ALR and other areas, whereever possible. In the OCP, i t was estimated that it would 20 years before the uplands would be required for housing development (Corporation of the District Municipality of Central Saanich, 1079, 20). The data and information used to arrive at that time estimate should be checked, as it would seem that at the present rate of development in Central Saanich (See Table II) and the limited amount of undeveloped land outside the ALR, that a ten or fifteen year time be more reasonable. - 158 - 6.3.6 The Peninsula Hospital The council and the GZC shold be made aware of the repeal of B.C. Reg. 93/75 and their replacement with B.C. Regs. 7/81 and 8/81. These new regulations require permission for institutional uses to be made pursuant to the ALC Act. Under the present application procedure, this means that the local council wil be able to make a recommendation to the Commission on any applications. The council and the GZC should also be informed that the ALC did not allow the Peninsula Hospital. The records at the municipal hall should be checked to verify which agency actually did allow the construction of the hospital. 6.3.7 Citizen Participation and Public Awareness The local council has done mcuh to increase the awareness of the local populus of the imp[ortance of the community's agricultural base and as to what can be done to protect i t . For example, in the newsletter which the municipal government mails to its taxpayers on occasion, there is usually a section devoted to agriculture. The council endorses the practice of informing people who complain about farm noises and smells are justified. It is recommended that this practice be continues, however, i f there are too many complaints asbout a particular farm operation, i t should then be referred to the BCFA for a peer group evaluation. The newsletters should be continued as well. Some other methods of increasing the public awareness of the rights of the agricultural sector which the council might wish to consider are greater enforcement of trespass laws by the RCMP and the posting of - 159 - signs in agricultural areas to warn drivers to yield to farm machinery and animals on the road. The council could suggest to the local School Board that i t implement a programme whereby school children are made more aware of the importance and requirements of agriculture through field trips to local farms, class room presentations and projects. 6.3.8 Water Supply The council is undoubtably aware of the importance of an adequate supply for both domestic and irrigation purposes. It is, therefore, recommended that council continue to do its best to ensure that there is an adequate water supply year round, both for domestic and irrigation purposes, and that the water is affordable. 6.4 The Effectiveness of Local Government In Coping with Rural Land Use Conflicts There is much that can be done at the local level to control and prevent rural land use conflicts. The first, and most difficult step though, is to encourage a pro-agricultural attitude at the local level. Once the local government and the community are supportive of agriculture and cognizant of the problems facing the industry, i t is then possible to implement policies and programmes designed to protect and foster the local agricultural base. In many ways, Central Saanich with its pro-agricultural attitutde and its programmes and policies which reinforce that attitude, is a model community and one which other communities should try to emulate. - 160 - If a pro-agricultural attitude has been adopted in a community, i t can lessen the negative effects of rural land use conflicts. The atmosphere of uncertainty about the future of the local agricultural industry can be alleviated by a strong commitment on behalf of local goverment to the preservation of agricultural land and the protection of the local agricultural base. If this is complemented by strong local zoning and the existance of the ALR, rural land use conflicts such as land fragementation, completion for agricultural land, can be decreased. Although foreign investment and absentee landownership are not necessarily problems, short-term leases on the land can create an impression of uncertainty for the farmers working the land. If i t is obvious that the future use of the land, in the long term, will be restricted to agricultural, then the farmer might be more willing to make improvements to the land. Also, the owners of the land might be more willing to negotiate a longer term lease, i f i t is realized that the only use of the land that will be allowed is agricultural. By lowering servicing standards in agricultural areas and not taxing agricultural areas for improvements in the urbanized areas of a community, the local government can prevent tax increases to farmers that are needed to pay for urban-oriented services. The use of green zoning, development permits along the interface of the ALR, good subdivision design, tracsition zones and buffer strips can prevent or at least alleviate many of the physical impacts of non-farm development on agricultural uses and vice-versus. Careful planning of the location of services such as roads, sewers and water supply systems can direct - 161 - growth to non-agricultural areas of the community. The lack of major roads and hook-ups to service systems in an agricultural area can discourage the infiltration of non-farm uses into an agricultural area. The negative psychological impact of urban development on agricultural communities and the changes in the social milieu of the traditional agarian community can not always be prevented. But, the espoused commitment of local government to the protection and continuation of agriculture in the community can offer encouragement to faremers. Atempts to make the urbanite population aware of the problems facing the local agricultural industry and the importance of agriculture can alleviate some of the land use conficts and foster a more harmonious relationship between the rural and urbanite populations. The changes in the political composition of a rural community is a problem to which there are no real answers. Once the urbanite population outnumbers the rural population, they will have more votes, and therefore, can influence the policies, the programmes and the finances of the local government. One way to prevent the majority from influencing the future of a community, is to base electoral representation on area rather than population, ie. a ward system. This would allow the agricultural population a stronger voice in local politics. However, this ignores the question as to whether or not this is fair to the urban-oriented majority. It is necessary though, to involve local area farmers in the decision-making process, regardless of their numbers. - 162 - 6.4.1. Limitations of Local Government While there is much that can be done at the local level in the resolution of rural land use conflicts, it is vital to note that there are limitations to the ability of local government to cope with the problem alone. There is a need for the support, guidance, and perhaps, intervention of the senior levels of government. As discussed earlier, local government is bound by whatever legislative constraints that senior levels of government may choose to impose on i t , as the municipal and regional levels of government have only the authority delegated to them. Also, there usually are financial limits as to what can be done by the local government to cope with rural land use conflicts. Conversely, i f a senior level of government is oblivious to the problem of rural land use conflicts or exhibits a lack of concern about protection of the agricultural base, i t then can become very difficult for local government to cope with the problem on its own. There is a need for legislation which enables local government involvement in conflict resolution. There are also instances where a local government body may refuse to do anything about rural land use conflicts. In which case, there may be the need for the existance of an appropriate piece of legislation which could be capable of complelling local government to attend to the problem. In the following sections, recommendations will be made as to what senior levels of government can do to facilitate and assist local government involvement in the control and prevention of rural land use - 163 - conflicts. These recommendations are made in the belief, which, hopefully, has been substantiated, that local government can not cope with the problem of rural land use without the support and assistance of senior levels of government, it will first be necessary to address the regional level. 6.5 Recommendaions for Regional Government Up to this point, l i t t l e attention has been paid to the role that regional government has in land use control. It is essential to remember though, that the regional level of government has a great deal of authority over land use in the unincorporated areas within the regional district boundaries. Many of the regional government's powers are the same as those of local governments within their incorporated areas. Official Settlement Plans (OSPs) are used instead of OCPs for comprehensive planning purposes in unicorporated areas. Therefore, many of the recommendations made as to how the local government can control and prevent rural land use conflicts are also applicable to the regional level. To reiterate a l l of the same recommendatons for the regional level of government, would be redundant. Through the general land use designations on its ORPs, the regional government does have some jursidiction over land use in incorporated areas. A regional district can also affect, the direction of growth in a region through its control over certain other regional functions, in addition to its planning function. (It should be noted that not a l l regional districts choose to become involved in the ful l range of - 164 - functions that are available. This range of functions includes refuse disposal, regional transit, regional hospitals, regional parks, economic development, and recreational facilities.) Because of its influence over land use and involvement in selected regional functions, regional government can influence the direction of grwoth and have an effect on the conflicts in the rural-urban fringe. The following are recommendations for the regional level of government, and more specific recommendations for the CRD are made later. The regional level of government should make a conscious effort in its regional plans to direct growth towards non-agricultural areas. It should use its regional functions and services to encourage this direction of growth, including regional infrastructure such as sewer and water. Special care should be taken not to site regional hospitals, offices, libraries and other buildings in an agricultural area where they could come into conflict with nearby agricultural uses. Statements that are supportive of agricultural land use sould be contained in ORPs. The problem of rural land use conflicts should also be addressed. As stated earlier, many of the recommendations made for local government cauld also be implemented by the regional level of government in its planning and administration of the unincorporated areas. 6.5.1 Recommendations for the Capital Regional Dis t r i c t A study by the CRD on the comparative costs of developing infrastructure in the western communities of Langford and Metchosin - 165 - versus the cost of infra-structure for the Saanich Peninsula found that the costs would be higher for the development of the western communities. It was therefore, recommended that the CRD direct growth towards the Saanich Peninsula (Stewart, 1982). Despite the greater expense of development of infrastructure for the western communities, the regional Board must consider that much of the land proposed for development on the Saanich Peninsula (3000 acres) is in the ALR. It is doubtful that the ALC would allow large tracts of good agricultural land to be excluded from the ALR, particularly in view of the availability of non-agricultural land in the western communities. There is also resistance from the comunities on the Saanich Pnninsula to the proposed development and some questions as to the validity of the cost estimates (Durrand, 1982). Therefore, i t is recommended that the CRD choose to direct growth to the western communities of Metchosin and Langford, and to develop the necessary infrastructure in these communities—rather than on the good agricultural lands, of the Saanich Peninsula. There has been criticism of the ORP for the CRD because i t refers to agricultural lands as 'rural lands'. (Central Saanich Council Minutes, 1982.) It also considers agricultural lands to be 'greenbelts' rather than a use of land which contributes to the local economy and to the regional food supply.' These problems should be rectified in any ORP updates or revisions. It was also noted that there were no positive directives in the ORP regarding agriculture. The Board should revise the ORP to include positive directives and policies regarding agricultural land and agricultural land use. Considering the concern - 166 - over rural land use conflicts that has been exhibited by some of its member municipalities, the CRD should also think about addressing the problem in its ORP. Irrespective of the ORP, the Board of the CRD should consider adopting a policy which recognizes that some of the best agricultural land in the province can be found on the Saanich Peninsula, therefore, the Board supports and encourages agricultural use of these lands. The CRD could also adopt a policy of encouraging and assisting the district municipality of Central Saanich and any other interested communities in their endeavours to prevent rural land use conflicts and to preserve agricultural land. 6.5.2 Conclusions Regarding the Role of Regional Government The regional level of government is in the position of being able to co-ordnate the efforts and plans of the local communities in the region, and to assist on a regional scale in directing growth away from agricultural areas. Some regional districts in the province have undertaken this responsibility while others have not. To a certain extent, local governments do not need regional support to undertake a programme of controlling and preventing rural land use conflicts, however, regional support is a decided asset. Moverover, lack of concern by regional government towards rural land use conflicts can be detrimental and an impediment to any local programmes. Most importantly, i t is with the regional government that much of the responsibility for planning for the unincorporated areas lies. - 167 - Therefore, the regional government can play a major role in the control and prevention of rural land use conflicts in these areas. 6.6 Recommendations for Senior Government The focus of this study was local control of the problem of rural land use conflicts, however, a conclusion of this study is that there is a need for leadership and guidance from the senior levels of government, as well as financial and legislative assistance. Local governments can not tackle the problem of rural land use conflicts alone. There is the need for the involvement of senior government. For these reasons, and others discussed earlier, the following recommendations for senior government have been made. 6.6.1 Recommendations for the Provincial Government It is with the provincial level of government that most of the responsibility over land use lies. Any authority that the local level of government has, is delegated to i t by the provincial government. However, as stressed throughout this study, it is local control that is focussed on. Therefore, the following recommendations are directed towards those actions which the province could undertake to assist local governments in coping with rural land use conflicts and to facilitate local implementation of some of the measures proposed earlier in this chapter. Recommendations are also made as to what can be done by the province to motivate unco-coperative communities into doing something about the problem of any existing or potntial rural land use conflicts. - 168 - An i m p l i c i t i n t e n t of these recommendations i s that the amount of change to the status quo i s minimal and i n p a r t i c u l a r , to the e x i s t i n g amount of c o n t r o l and autonomy over land use and l o c a l a f f a i r s that the l o c a l government p r e s e n t l y has delegated to i t . While i t i s i n the B.C. context that these recommendations are made, many could be a p p l i e d to other provinces. I t must be remembered that B.C. i s one of the few provinces i n Canada which has l e g i s l a t i o n that i s intended to preserve a g r i c u l t u r a l land f o r future use. Despite the existance of the ALC A c t , however, there are s t i l l problems f o r the p r o v i n c i a l a g r i c u l t u r a l i n d u s t r y — one of these being r u r a l land use c o n f l i c t s . A recommendation though, to those provinces which haven't already, would be the enactment of l e g i s l a t i o n designed to protect and preserve a g r i c u l t u r a l lands, s i m i l a r to the ALC Act. 6.6.2 Enabling Legislation I t i s by v i r t u e of the d o c t r i n e of paramountcy that the province can f a c i l i t a t e management of r u r a l land use c o n f l i c t s at the l o c a l l e v e l through the enactment of appropriate l e g i s l a t i o n . I t can a l s o prevent the implementation at th l o a l l e v e l of any by-laws or other programmes which could discourage or impede a g r i c u l t u r a l use of land. R e v i s i o n s to e x i s t i n g l e g i s l a t i o n can a l s o achieve these same o b j e c t i v e s . One piece of l e g i s l a t i o n which the p r o v i n c i a l government should give thought to enacting i s a ' r i g h t - t o - f a r m ' law. The i n t e n t of t h i s l e g i s l a t i o n would be to p r o t e c t farms from nuisance laws and other laws, i n c l u d i n g zoning by-laws, which do not respect the normal operations and - 169 - a c t i v i t i e s of farming. However, t h i s type of p r o t e c t i o n from nuisance laws should not be extended to improperly managed farms. The M u n i c i p a l Act i s a s i g n i f i c a n t piece of l e g i s l a t i o n which deals w i t h the r e s p o n s i b i l i t i e s of l o c a l government over land use c o n t r o l and other municipal and r e g i o n a l a f f a i r s . There are some changes and a d d i t i o n s to t h i s Act which could a s s i s t i n the c o n t r o l and prevention of r u r a l land use c o n f l i c t s . For example, s e c t i o n 733(2) of the Act allows f o r the s u b - d i v i s i o n of a p a r c e l of two hectares or l e s s from an e x i s t i n g l o t f o r a r e l a t i v e , p r o v i d i n g that the remainder i s not l e s s from an e x i s t i n g l o t f o r a r e l a t i v e , p r o v i d i n g that the remainder i s not l e s s than two hectares i f the property i s c l a s s i f i e d as farmland f o r t a x a t i o n and assessment purposes. There i s no reference made as to whether or not i f matters that the land i s i n the ALR. This s e c t i o n of the M u n i c i p a l Act generates a large demand f o r s u b d i v i s i o n of lands i n the ALR, despite the f a c t that the ALC Act supercedes the M u n i c i p a l Act. Although requests f o r s u b d i v i s i o n of lands i n the ALR made be refused by the ALC, i t s t i l l creates confusion and resentment among the members of the p u b l i c . I t i s a l s o a request which the Commission f i n d s d i f f i c u l t to refuse at times, p a r t i c u l a r l y i f the land proposed f o r s u b - d i v i s i o n i s not of a high c a p a b i l i t y f o r a g r i c u l t u r a l use. The province should, t h e r e f o r e , give c o n s i d e r a t i o n to r e w r i t t i n g t h i s s e c t i o n of the M u n i c i p a l Act so that i t e i t h e r s t a t e s that t h i s s e c t i o n does not apply to lands i n the ALR or i t at l e a s t mentions, that permission to subdivide from the ALC i s required i f the land i s i n the ALR. - 170 - Revisions are needed to the Municipal Act, in order to make i t easier for local government to implement green zoning, if they so choose. There has been discussion in the Ministry of Municipal Affairs about the possibility of including a section in the Municipal Act which would provide for a system of development permitting specifically for intensive agricultural operations. (Sands, 1983) The siting requirements and MSD of green zoning could then be taken into account by the development officer (or who ever is responsible) in the granting of the permit. However, a permitting system of this nature gives rise for the opportunity to be excessively prohibitive in the granting of permits for intensive agricultural operations. If there could be a safeguard in the development permitting system which could prevent this from happening, then development permits for intensive agricultural operations might be an acceptable way of administrating and utilizing green zoning at the local level. As discussed previously, there is difficulty created for green zoning by subsections (2) and (4) of section 733 of the Municipal Act, whereby an agricultural operation could become a non-conforming use and if destroyed or shut-down for more than 30 days, not be allowed to rebuilt or continue its operation. Whether or not this section should be changed to make an exception for green zoning and in particular, agricultural operations, is debatable. Although i t is not really a discretionary issue, the way it stands now, i t is up to the discretion of the local government to enforce section 733 of the Municipal Act. (Local government may choose to overlook restoration or a recontinuance - 171 - of an non-conforming use on occasion.) 6 . 6 . 3 Policy Statements Although not as enforceable or as explicit as legislation, policy statements are an effective method of carrying out objectives. Accompanying its existing laws of preserving agricultural land, the province should clearly state that i t has a policy of encouraging and protecting agricultural use of those lands. A policy statement of this effect could even be included into the preamble of the ALC Act. This would probably assist the Commission in defending its refusal of applications involving lands of low capability for agricultural use which are in agricultural areas. Local and regional could then be encouraged (or required) to review their zoning by-laws to ensure that they do not contradict the province's policy of encouraging and protecting agricultural use of those lands in the ALR. The province could require local governments and regional governments to have specific policy statements in their OCPs, OSPs and ORPs pertaining to rural land use conflicts. One such policy of local/regional governments could be to the effect that the local/regional government recognizes its responsibility to ensure that land uses on those lands adjacent to the ALR will not have a negative impact on the agricultural use of those lands in the ALR. Another policy statement regarding the protectionof agricultural use of land and recognization of the impact that rural land use conflicts can have on agricultural land uses would be important. - 172 - It is suggested that the province adopt a policy of refusing to give any provincial funding to those local projects and programmes which do not respect agricultural lands, direct growth towards agricultural lands or else could negatively affect agricultural land uses. Because the construction and expansion of many local improvements are dependant on financial assistance from the province, this could be a very effective policy measure. 6.6.4 Financial Assistance and Taxation The province can use its financial resources and jurisdiction over taxation in a variety of ways to achieve its policies. The province can pay for its own undertakings. For example, the province is now funding a 'fine-tuning' programme which entails revising the CLI mapping at a larger scale (1:20,000) and then readjusting the boundaries of the ALR based on the new mapping and other considerations. Therefore, areas which are too urbanized or have land of a poor capability for agricultural use will be removed from the ALR. Lands with a good capability for agricultural use may be included. The province has in the past offered grants to finance local comprehensive plans such as OCPs with the stipulation that the objectives and policies of the province be respected. This practice can be continued by the province. As mentioned above, the province could refuse to grant monies to prgrammes and projects which are harmful to agricultural land uses. A problem which plagues farmers that was discussed in the i n i t i a l i - 173 - stages of this study is the high amount of taxes that farmers might be required to pay by virtue of that amount of land needed to farm. In B.C., where tax assessment is done by the province, there is a practice of preferential assessment and taxation of farmland. It is recommended that the province continue this practice. Due to the variances in annual harvest quantities and the fluctuations in market demands for agricultural goods, the province should consider implementing a programme of deferred taxation for individual farmers in years of hardship. 6.6.5 Provincial Ministries The province should take care to ensure that its own ministries do not undertake programmes or actions which could result in rural land use conflicts. Of special concern are the Ministry of Highways and the Ministry of Lands, Parks and Housing. "Severance has long been a concern among farmers whose farms might be divided by new highways." (Wallerstein, 1979, 31) The Ministry of Highways should be advised to try to avoid the construction of roads that bisect agricultural operations or restrict the access of farmers to the rest of their fields. In the selection of a transportation right-of-way, the Ministry should also take into consideration the effect that transportation routes can have on land use patterns and the direction of development. It should extend special consideration to agricultural areas and recongize the needs of farming activities. The Ministry of Lands, Parks and Housing administrators, among - 174 - other t h i n g s , crown lands, leases on crown lands and the a l i e n a t i o n of crown land. The use of crown land i s oft e n s p e c i f i e d by the M i n i s t r y . Crown land i s u s u a l l y a l i e n a t e d f o r s p e c i f i c use. Therefore, i f the crown land i s i n or adjacent to an a g r i c u l t u r a l area, the M i n i s t r y should take care to ensure that the use of the crown land does not come i n t o c o n f l i c t w i t h the neighbouring a a g r i c u l t u r a l land use. 6.6.6 Conclusions on the Provincial Government's Role While the p r e s e r v a t i o of a g r i c u l t u r a l land i s an e s s e n t i a l i n g r e d i e n t i n the p r o t e c t i o n of the a g r i c u l t u r a l i n d u s t r y , i t i s meaningless unless the land can and w i l l be used f o r a g r i c u l t u r a l purposes. Although r u r a l land use c o n f l i c t s are only one problem f a c i n g the a g r i c u l t u r a l i n d u s t r y , i t i s a major and complex one. There i s the opportunity f o r the p r o v i n c i a l government to play a major r o l e i n the c o n t r o l and prevention of r u r a l land use c o n f l i c t s without having to make s i g n i f i c a n t changes to e x i s t i n g l e g i s l a t i o n and p o l i c y . I f anything, many of the above-mentioned recommendations would enhance and j u s t i f y the p r o v i n c i a l government's p o l i c y of preserving a g r i c u l t u r a l land by encouraging and maintaining a g r i c u l t u r a l use of those lands. Moreover, these recommended changes could have a p o s i t i v e e f f e c t on the problem of r u r a l land use c o n f l i c t s . This i s not a d e f i n t i v e l i s t however, as there are other a c t i o n s which the p r o v i n c i a l government could undertake i n t a c k l i n g the problem of r u r a l land use c o n f l i c t s . - 175 - 6.6.7 Recommendations for the Federal Government The f e d e r a l government does not e x e r c i s e d i r e c t c o n t r o l over land use, but i t can i n f l u e n c e i t extraneously by i t s c o n t r o l over other f u n c t i o n s such as t a x a t i o n , banking and i n t e r n a l gain s a l e s . The f e d e r a l government has expressed i n t e r e s t and a concern w i t h the p r o t e c t i o n of a g r i c u l t u r a l lands and the use of those lands. I t has a stated p o l i c y to that e f f e c t and has r e i n f o r c e d that p o l i c y by p l a y i n g a major r o l e i n the research on a g r i c u l t u r a l lands and t h e i r use, and the d i s t r i b u t i o n of inf o r m a t i o n on that t o p i c through the Lands D i r e c t o r a t e . The f e d e r a l government a l s o a s s i s t s i n the funding of p r o v i n c i a l programmes and p r o j e c t s i n v o l v i n g a g r i c u l t u r a l lands such as the CLI mapping and A g r i c u l t u r a l and Rur a l Development Subsidary Agreements (ARDSA). I t i s recommended that the f e d e r a l government continue to set an example f o r the provinces and to continue i t s e x i s t i n g a g r i c u l t u r a l support programmes. The f e d e r a l government should a l s o take steps to ensure that the ac t i o n s and programmes of i t s departments do not cause or co n t r i b u t e to r u r a l land use c o n f l i c t s . The concern could p o s s i b l y be inc l u d e d as a part of the Environmental Asessment and Review Process. 6.7 Concluding Statements The ru r a l - u r b a n f r i n g e and the land use c o n f l i c t s that occur there are a r e a l i t y of today's world. I t i s not p o s s i b l e to r e s t o r e the countryside to the p r i s t i n e a g r a r i a n s t a t e of yesterday. The development of the rura l - u r b a n f r i n g e and the r e s u l t a n t land use - 176 - conflicts have evolved over a period of years and the situation will not be easily or quickly resolved. Rural land use conflicts are complex, subtle and diverse. Moreover, the impact of these conflicts are not always readily discernible nor quantifiable. There is no one easily identifiable solution to the problem of rural land use conflicts. Resolution of this problem will not only require a cohesive and co-ordinated effort from a l l levels of government, but an awareness and support from members of the public as well. The in i t i a l and most important step in this process of resolution is a recognition of the problems that rural land use conflicts are causing for agricultural land uses and the possible ramifications that i t could have in the future. The responsibility for deciding to priorize the issue lies with the government. Once the protection of the agricultural industry is established as an objective of the government and rural land use conflicts are identified as a problem confronting the industry, the government's policy and legislation can relect this. Land use controls are the traditional approach taken to resolve land use conflicts. One finding of this study, however, has been that there seems to be a lack of land use controls which are designed specifically for the rural environment or which are suitable for application to the rural situation. This finding was substantiated in the review of land use control mechanisms undertaken in Chapter 3. Because of the complexity and diversity of rural land use conflicts, however,it does not appear as though land use controls alone will be able to solve the problem. A wider range of solutions must be looked. This includes comprehensive programmes which consist of more than one - 177 - land use control mechanism as well as non-regulatory mechanism. To achive this though, greater attention must first be given to the problems of the rural-urban fringe by planners and politicians and a better understanding of rural values and agricultural activities obtained. Central Saanich, the district municipality used as a case study, exemplified well the evolution of the rural-urban fringe and its land use conflicts. Many of the rural land use conflicts common to the fringe can be found in this community. What makes Central Saanich different from many other communitities however, is the attitude of the local government and the public towards the problem. There is a conscious recognization of the problem and a sincere attempt underway to control and prevent rural land use conflicts in the community. This attitude along with some of the steps being taken by local government will assist greatly in managing the problem. In the course of this study, there have been some recommendations suggested for Central Saanich, that perhaps, could assist council in implementing and carrying out is objectives. The conclusions and recommendations that constitute the last chapter are restricted to those which the author considered to be reasonably and realistically acceptable for implementation without serious disruption to the status quo. However, there is also a realization that there are not answers for a l l of the problems caused by rural land use conflicts. Rural land use conflicts might well be an irresolvable problem, however, this suspicion should not serve as a deterrent to the challenge. - 178 - REFERENCES Barr, Lorna R. 1980. The Impact of Federal Programs In the Cowlchan Valley Regional District. (Working Paper No. 4) Lands Directorate, Environment Canada: Queen's Printer. Beaubien, Charles and Ruth Tabacnik. 1977. People and Agricultural Land. Science Council of Canada, Perception 4, Study on Population, Technology and Resources. Ottawa: Supply and Services Canada. Bryant, CR. and L.H. Russwurm. 1979. 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"The Urban F i e l d " J o u r n a l of the American I n s t i t u t e of Planners. 31:(4):312-20. G e r t l e r , Leonard 0. and Ronald W. Crowley. 1977. Changing Canadian C i t i e s : The Next 25 Years. Toronto: McClelland and Stuart L i m i t e d . Gierman, D.M. 1977. R u r a l To Urban Land Conversion. Occasional Paper No. 16 Lands D i r e c t o r a t e , F i s h e r i e s and Environment Canada. Ottawa: Queen's P r i n t e r . Goldberg, Michael and Peter Horwood. 1980. Zoning: I t s Cost and Relevance f o r the 1980's. Vancouver: The Fraser I n s t i t u t e . Gustafson, Greg C. 1978. Land Use P o l i c y and Farmland Retention: The United S t a t e s ' Experience. Washington: Economic Research S e r v i c e , United States Department of A g r i c u l t u r e . Gustafson, Greg C , Thomas L. D a n i e l s , and Rosalyn P. Shirack. 1982. "The Oregon Land Use Act" American Planning A s s o c i a t i o n . 48(3): 365-73. Halverson, Doug. 1980. "Lo c a l Planning f o r R u r a l B r i t i s h Columbia: Responding to the M e t r o p o l i s . " In Search of P l a c e : Planning f o r Small Communities. Ontario: Proceedings of the 1980 CIP/ICU N a t i o n a l Conference. H a r r i s o n , David and Michael Noonan. 1980. A g r i c u l t u r e : Neglected i n Planning? Occasional Paper No. 1, Toronto: Department of Urban and Regional Planning. Horton, Paul B. and Robert L. Horton, 1971. Introductory Sociology Georgetown, Ontario: Irwin-Dorsey L i m i t e d . Ince, John G. 1977. Land Use Law: A Study of L e g i s l a t i o n Governing Land Use i n B r i t i s h Columbia. Vancouver: Centre f o r Continuing Education. J a n e l l e , Donald G. 1977. " S t r u c t u r a l Dimensions i n the Geography of L o c a t i o n a l C o n f l i c t s " The Canadian Geographer. XXI (4): 311-28. Krueger, Ralph R. and Bruce M i t c h e l l (Eds.) 1977. Managing Canada's Renewable Resources. Toronto: Methuen. - 180 - Lassey, William R. 1977. Planning in Rural Environments. Toronto: McGraw-Hill. Manning, E.W. and J.D. McCdaig. 1977. Agricultural Land and Urban Centres. Canada Land Inventory Report No. 11. Ottawa: Fisheries and Environment Canada. Michigan Farm Bureau. 1979. The Use of Zoning to Retain Essential Agricultural Lands. Landsing: Michigan Farm Bureau. Munn, L.C. 1980. Land Use in Canada: The Report of the Interdepartmental Task Force on Land Use Policy. Ottawa: Lands Directorate, Environment Canada. Nellis, Lee. 1980. "Planning with Rural Values." Journal of Soil and Water Conservation, 35(2): 67-71. Piteau, Gadsby, Macleod Limited. 1976. "Bulk Water Supply North Saanich Peninsula." Vancouver. Piatt, Rutherford H. 1976. Land Use Control: Interface of Law and Geography. Washington, D.C: Association of American Geographers. Porter, Douglas R. and J.C. Doherty. 1981. "The Urbanizing Countryside: Which Way to a Workable Future?" Washington, D.C: Urban Land Institute. Qadeer, Mohammad A. 1979. "Issues and Approaches of Rural Community Planning in Canada." Plan Canada. 19(2):106-21. Rawson, Mary. 1976. I l l Fares the Land. Ottawa: The MacMillan Company of Canada Limited for the Ministry of State for Urban Affairs. Raup, Philip. 1975. "Urban Threats to Rural Lands: Background and Beginnings." Journal of American Institute of Planners. 41(6): 371-78. Roberts, John. 1981. Minister of the Environment in Land. Lands Directorate, Enviroment Canada. 2(2). Robinson, Ira M. 1976. "Trends in Provincial Land Planning, Control and Management." Plan Canada. 17(3): 166-83. Rodd, Stephen. 1975a. "The Crisis of Agricultural Land in the Ontario Countryside." Plan Canada. 6/3(4): 160-70. Rodd, Stephen. 1976b. "The Use and Abuse of Rural Land." Urban Forum. 2(3): 5-12. Rodd, Stephen. 1979. "Planning for agriculture, suburbs, and rural housing: Ontario's experience." Journal of Soil and Water Conservation. 34(1): 11-15. - 181 - Roe, Charles. 1976. "Innovative Techniques to Preserve Rural Land Resources." Enviromental Affairs. Boston College Law School, Massachusetts. 5: 419-46. Roy, Denis A. 1980. An Analysis of Techniques to Preserve Agricultural Land. Vancouver, University of British Columbia, May, 1980. Runka, Gary G. "Planning for Rural Land." In Search of Place: Planning for Small Communities. Ontario: Proceedings of the 1980 CIP/ICU National Conference. Russwurm, L.H. 1971. "The Urban Fringe." in R.R. Krueger and R.C. Bryfogle (Eds) Urban Problems, A Canadian Reader. Toronto: Holt, Rinehart, Winston. Russwurm, Lome H. 1977. The Surroundings of Our Cities. Ottawa: The Community Planning Press. Saanich Peninsula Green Zone Committee. 1982. "Preserving the Agricultural Land Reserve." Unpublished. Schiff, Stanley D. 1979. "Land and Food: Dilemnas in Protecting the Resource Base." Journal of Soil and Water Conservation. 34(2): 54-9. Toner, William. 1978. Savings Farms and Farmlands: A Community Guide. American Society of Planning Officials. Aspo Report No. 333. Troughton, Michael J. 1977. "The Rural-Urban Fringe: Land Use Characteristics and Resource Management Challenges." Urban Forum, 3(5): 8-13. Wallerstein, L.B. 1979. "Transportation facility impacts on farmland. Journal of Soil and Water Conservation. 34(1): - 182 - OTHER REFERENCES Interviews Brightman, Shirley. Planning Assistant, B.C. Agricultural Land commisson, Burnaby. Interviewed May 19, 1982. Durrand, Fred. Municipal Clerk, Municipality of Central Saanich. Interviewed January 18, 1982 and February 2, 1982. Dave Sands. Green Zone Administrator, Ministry of Agriculture, Langley. Interviewed July 18, 1983 and August 9, 1983. Barry Smith. Planner, B.C. Agricultural Land Commission, Burnaby. Interviewed May 19, 1982. Steward, Don. Regional Planner, Capital Regional District, Victoria. Interviewed February 2, 1982. Wheeler, Gay. Development Officer, Municipality of Central Saanich. Interviewed January 18, 1982, February 2, 1982 and April 15, 1983. Legislation British Columbia Regulations 93/75 (Repealled). British Columbia Regulations 7/81 and 8/81. District Municipality of Central Saanich, By-laws 464 and 465. Revised Statutes of British Columbia. Agricultural Land Commission Act, 1979, Ch. 9. Revised Statutes of British Columbia. 1960. Municipal Act, Ch. 255. (Repealled). Revised Statutes of British Columbia. 1979. Municipal Act, Ch. 290. - 183 - APPENDIX 1 - 184 - DEFINITIONS: Large Lot Zones: Explained on pages 80-1. Fixed Area Base: Property owners are allowed to build one house for each unit of land of a specified area that they own. The ratio does not vary. Sliding Scale: Explained on page 80. NB. The number of dwellings per unit acre decreases as farm size increases. Conditional Use: Explained on page 80. Subdivision Design: Explained on page 91 and see Appendix '3'. Performance Zoning (Green Zoning): Explained on pages 86-8. Exclusive Agricultural Zoning: An area where only agricultural land uses are allowed. Agricultural Districting: See below. Tax Incentives: See Differential Assessment below. Tax Credits: A. property owner receives credit towards taxes (either income or property) in exchange for restricting the use of his property to agricultural. Tax credits may also be obtained when the value of the property tax exceeds a certain percentage of the property owner's income tax. Transfer of Development Rights: See below. Restrictive Covenants: A legally binding agreement is drawn up between a property owner and government, whereby, certain restrictions are placed on the use of the property and/or its subdivision. Aquistion of Development Rights: The rights to build or develop a property can be purchased by government. This transfer of rights can be done through voluntary or mandatory sale and is equivalent to acquiring an easement. A property owner may also give up tihe development rights to a property to government as a gift. Compensation may or may not be received in exchange. Development rights to a property can also be expropriated. Refer te pages 50-1 for further explanation. Another way for government to acquire development rights is to purchase the property and then resell i t with the development restrictions imposed on i t . Purchase of Land: Self-explanatory. Agricultural Zoning - A legally binding designation of the uses to which land may be put, including the type, amount, and location of development. Agri- cultural zoning restricts uses to agriculture and related uses such as a farmstead. Often a large minimum lot size (20-160 acres) is stipulated in an agricultural zone. Agricultural Districting - The designation of specific tracts for long-term agricultural uses, usually coupled with benefits and assurances which improve the conditions for farming. Generally no legally binding controls are imposed on land use. Purchase of Development Rights - Purchase of the right to develop from owners of specific parcels, leaving the owner all other rights of ownership. The price of the rights is the diminution in the market value of the land as a result of the removal of the development rights. The remaining value of the land is the "farm use" value. Transfer of Development Rights - Development rights on land in a designated preservation area may be purchased by a developer and transferred to a designated area where the equivalent amount of addi- tional development can be constructed. Differential Assessment • Assessment for property lax purposes based on the farm use value of the land rather than on its market value. There are three ma- jor types of differential assessment: pure preferential assessment with full abatement, deferred taxation with partial or with no abatement, and restrictive agreements under which a farmland owner contracts to maintain his land in farm uses in return for a lower assessment. SOURCE: National Agricultural Lands Study, 1981, 38. - 185 - APPENDIX 2 - 186 - An Ereunple of a Green Zoning By-law: TABLE 1 Minimum Separation Distances f o r Intensive Swine Operations from the Perimeter o f the Intensive Swine Operations S i te to Spec i f i ed Uses Column 1 Area o f Land (Parcel S ize ) Column ? l i Number o f Animal Units Permitted Column 3 Lot Lines Li and/or Zone Boundaries of Rural and Heavy Industr ia l Zones Column 4 Boundary o f Road Allowance Column 5 Nearest Residence Column 6 . Other Use I n l i A g r l c u l t u r a l Zone and/or S p e c i f i e d Zone Boundaries - Column 7 Li Urban and Other Spec i f i ed Zone Boundaries Ha (acres[ metres 1 feet ) metres feet ) metres ( feet ) metres ( feet) metres ( feet) 4 ( 9.87) 41 15 ( 50) 40 "131) 130 . ( 427) 250 • ( 820) 500 • (1641) 4 ( 9.87 82 17 ( 56) 45 148) ; 142 { 466) 250 ( 820) 500 (1641) 4 ( 9.87) 123 ; 20 ( 66) 50 164) ,154 ( 505) 250 ( 820) 542 (1778) 4 ( 9.87) 164 22 ( 73) 55 181) 166 ( 545) 275 ( 902) 582 (1910) 4 ( 9.87) 205 25 ( 80) 60 197) 178 ( 584) 300 ( 984) 622 (2041 ) 4 ( 9.87) 246 27 ( 90) 65 ( 213) 190 ( 623) 325 (1066) 662 (2172) 4 ( 9.87 287 30 ( 100) 70 ( 230) 200 ( 656) 350 (1148) 702 (2303) 4.5 (11.10) 323 30 ( 100) 72 ( 236) 205 ( 673) 356 (1168) 742 (2435) 5 (12.34) 359 30 ( 100) 73 ( 240) 210 ( 689) 362 (1188) 782 (2566) 5.5 (13.58) 395 30 ( 100) 74 ( 243) 215 ( 706) 369 (1211) 812 (2664) 6 (14.81) 431 30 ( 100) 76 ( 250) 221 ( 725) 375 (1230) 843 (2766) 6.5 (16.00) 467 30 ( 100) 78 ( 256) 226 ( 742) 382 (1253) 873 (2864) 7 (17.28) 503 30 ( 100) 79 ( 259) 231 ( 758) 388 (1273) 903 (2963) 7.5 (18.50) 539 30 ( 100) 81 ( 266) 237 ( 778) 394 (1293) 929 (3048) 8 (19.25) 574 30 ( 100) 82 ( 269) 242 ( 794) 400 (1312) 945 (3100) 9 (22.22) 646 30 ( 100) 85 ( 279) 252 ( 827) 412 (1352) 964 (3163) 10 (24.69) 718 , 30 ( 100) 88 ( 289) 263 ( 863) 425 (1395) 997 (3271 ) 11 (27.16) 790 30 ( 100) 90 ( 295) 273 ( 896) 432 (1417) 1016 (3333) 12 (29.62) 861 30 ( 100) 92 ( 302) 284 ( 932) 450 (1476) 1046 (3432) 13 (32.09) 933 30 ( 100) 94 ( 308) 294 ( 965) 462 (1516) 1060 (3478) 14 (34.56) 1005 30 ( 100) 95 ( 312) 305 (1001) 475 (1558) 1074 (35 2 4) 15 (37.03) 1077 30 ( 100) 96 ( 315) 310 (1017) 488 (1601) 1100 (36 09) 16 (39.50) 1148 30 ( 100) 97 ( 318) 315 (1033) 500 (1640) 1124 (3688) 17 (41.97) 1256 30 ( 100) 98 ( 321) 320 (1050) 512 (1680) 1147 (3763) 18 (44.44) 1328 30 ( 100) 99 ( 325) 325 (1067) 525 (1722) 1169 (3835) 19 (46.91) 1400 30 ( 100) 100 ( 328) 330 (1083) 538 (1765) 1179 (3868) 20 (49.38) 1471 30 ( 100) 101 ( 331) 335 (1100) 550 (1805) 1189 (3901) 21 (51.85) 1543 30 ( 100) 102 ( 335) 340 (1116) 562 (1844) 1200 (3937) 22 (54.32) 1615 30 ( 100) 103 ( 333) 345 (1132) 575 (1886) 1213 (3980) 23 (56.74) 1687 30 ( 100) 104 ( 341) 350 (1148) 588 (1929) 1226 (4022) 24 (59.25) 1758 30 ( 100) 105 ( 345) 355 (1165) 600 (1968) 1244 (4081) 25 (61.72) 1830 30 ( 100) 106 ( 348) 360 (1181) 612 (2009) 1261 (4137) 26 (64.19) 1902 30 ( 100) 107 ( 351) 365 (1198) 625 (2051) 1274 (4180) 27 (66.66) 1974 30 ( 100) 108 ( 354) 370 (1214) 638 (2094) 1287 (4222) 28 (69.13) 2045 30 ( 100) 109 ( 358) 375 (1230) 650 (2133) 1300 (4266) 29 (71.60) 2117 30 ( 100) 110 ( 361) 380 (1247) 663 (2175) 1313 (4308) 30 (74.07) 2189 30 ( 100) 111 ( 364) 385 [1263) 675 (2215) 1326 (4351) 31 (76.54) 2261 30 ( 100) 112 ( 36 7) 390 1280) 688 (2258) 1339 (4393) 32 (79.01) 2332 30 ( 100) 113 ( 371) 395 [1296) 700 (2297) 1350 (4429) See Table 2 f o r animal uni equivalents The d istances from an Intensive swine operat ion to s p e c i f i e d zones can vary - 187 - An Example of a Green Zoning By-law Con't: TABLE 2 Animal Fquivalents for Ascertaining Animal Units 4 swine 1 dairy cow (plus calf) 1 beef cow (plus cal f ) 1 bull 2.5 beef feeders - gain 182 - 341 kg. (400 - 750 lbs.) 1.67 beef feeders - gain 182 - 500 kg. (400 - 1100 lbs.) 10 veal calves - up to 136 kg. (300 lbs.) 1 horse (mare and f o a l , or s t a l l i o n or gelding or donkey or mule or ninny) 4 sheep (plus lambs) or goats (plus kids) 12 feeder lambs 125 laying chicken hens 250 b r o i l e r chickens, roasters or pullets 100 turkeys - heavy, over 5 kg. (5 kg. = approx. 11 lbs.) 200 turkeys - l i g h t , 5 kg. or less 125 geese or ducks rabbits (bucks, or does plus progeny to weaning, or growers) mink (males, or females plus progeny to weaning, or growers) 40 80 - 188 - APPENDIX 3 - 189 - SUBDIVISION DESIGN 1. Lot Lay-Out and Siting: //"' / / COULD LEAD TO / TUTVRE RG.QVBSTS FQhX 7^ 0»fcS / / / > 4 7*<l / / • • • • O < < o cr. frA H/N6 J OF<-OT A6urr/A/6 L. MICULTOXAL AR.BA I C * A / mN/ftlZl tiOMQcn j Cr LOTS /VXTAccMT ~—V Houses SHOOLO Be. s/reo / ? s r=n/z. 2. Buffering: 7?£T£NStON O F / V A T c / * A L . TAT/ON C ROAD ' A G R I C 6 L T U R A L / / / / / Co/AT FKOTi FENCING CLLrSTMWG CUL OL SACS (yfrv T£A/S(OA/*> /A/TO AGHlCUUTUfi/rL. HOUSE siteo A-T mow OFLOT / / / / / I I ' ' AGRICULTURAL LAND < i < I i i ' l /

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