‘Farmers Still Have A Push.’

Friday, October 25, 2024

Wetland Mapping Concerns: A Case Study

By Emily Mckinlay

The farming community’s voice on land use and government policy can be strong, as a recent series of events proved.

In April, changes to the Ontario government’s Conservation Authorities Act set in motion changes to wetland mapping in Eastern Ontario. This was a cause for concern among local producers, who recognized that farming operations could be impeded by these changes.

The regulation updates aimed to streamline the approach to wetland protection across the province. Three conservation authorities – South Nation Conservation (SNC), Rideau Valley Conservation Authority (RVCA) and the Raisin Region Conservation Authority (RRCA) – were ordered to update their mapping to align with the new regulations.

Short timelines and communication gaps increased anxiety from the agricultural communities within these conservation regions.

Clint Cameron was settling into his new role as OFA Zone 11 director when these changes began.

“There’s a lot of history here with regards to conservation authorities and agriculture, and we aren’t alone with the apprehension and relationship gaps with them,” says Cameron.

“Across most of southern Ontario, conservation authorities have played a valuable role in things like flood mitigation and administering stewardship programs. OFA continues to advocate for farmers and property owner’s best interests while understanding the role conservation authorities have and working together to support farm members and enhance environmental conditions on-farm.”

The wetland mapping project progressed quickly, with some producers feeling left in the dark. What actually occurred, and where does this project sit now?

The process

The changes to the Conservation Authorities Act began in 2022. When first proposed on the provincial level, a comment period was open for 66 days between Oct. 25 and Dec. 30.

“It’s not a new area of focus for OFA, with balancing the needs of wetlands and agriculture in Ontario,” says Cameron.

“We have been working with the Ministry of Natural Resources since 2022. There was an awareness that there would be changes coming, and in that year, OFA submitted comments to two MNR proposals, and our position was and remains that we are categorically opposed to any non-agricultural use of prime farmland.”

OFA also reinforced that fully functional wetlands cannot be created or restored to replace wetlands lost to other land uses.

“Creating new wetlands and woodlands through offsets can lead to difficulty for farmers.

“We aren’t looking to support creating new wetlands just because they lost some. And the cost of lost wetland restoration and compensation can’t come at the cost of agricultural land.”

These comments were considered in the 2022 comment period, and no further was heard about the changes throughout 2023. In February 2024, the ministry made their decision on the regulations, and they were shared publicly on April 1. This change was made to Section 28 of the Conservation Authorities Act, with Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits.

The three Eastern Ontario conservation authorities were then mandated to update their identification of locally significant wetlands in addition to the previously allocated provincially significant wetlands.

“It forced consistency across the province,” explains Cameron, who notes that this became the “point of grief” in the situation.

“The conservation authorities went back to do their due diligence. On May 23, there was a meeting hosted by South Nation Conservation Authority. The purpose was to roll out the plan to some organizations and that there would be consultations for public input and comment in future.”

In the days following this, Cameron was told that three of the four counties in his zone would be affected by the changes and that meetings would be held by local federations to discuss what was coming.

Ryan Devries, president of the Dundas Federation of Agriculture, said that the timing of the announcements and meetings added to the apprehension of local farmers.

“South Nation Conservation Authority had reached out to us in the middle of the busy cropping season,” says Ryan.

“On April 1 the government placed the new regulation, and that’s around when things began ramping up.”

The community meetings began in June. The initial meeting on June 5 was cancelled to continue to work out messaging and mapping and prepare more imagery.

Cameron attended a June 13 presentation held by South Nation and Rideau Conservation Authorities for the local agriculture federations.

“At the time it looked pretty tame. They were modest, and they came with their hat in hand. They said they had a mandate and don’t have all the answers, but they have to be compliant with provincial regulations and are willing to work with farmers,” explains Cameron.

Cameron thought that the meeting went over reasonably well, but not everyone could access the mapping site.

“They said, ‘We’ll get back to you in July, but take a look at the map when you get a chance,’” says Cameron.

When the maps became accessible, dark green areas represented the previously determined provincially significant wetlands, while light green areas marked new locally significant wetlands which were mapped with four- to six-year-old maps and Light Detection and Ranging (LIDAR) technology. Cameron believes the use of older maps and LIDAR created some of the largest gaps in the conflict.

Many of the areas identified as locally significant wetlands in these maps were swaths of cleared land, high lands, and bush.

Accusations of bad intentions and hidden agendas became rampant.

“I pulled up the map and looked at the wetlands and went, ‘They’ve designated stuff that’s already cleared and stuff that’s clearly not wetlands.’ I was devastated, as most people would be,” says Cameron.

He proceeded to reach out the South Nation Conservation Authority and his local MPP for clarification on June 24. He later received confirmation from his MPP that the process was paused and that the conservation authorities were disappointed with the reception.

That same day, Cameron attended a local council meeting where local developers and farmers spoke about concerns.

“That night it became apparent that they didn’t have a clear understanding of what was going on. It speaks to me that there was bigger gap if even the township doesn’t know what was going on,” says Cameron.

Further public consultations were planned for June 25, 26 and 28. Those meetings were cancelled as the project was paused.

The concerns

Loss of farmland is a constant concern for Ontario farmers.

The timing and rollout of the wetland mapping project left producers feeling confused, concerned, and suspicious of the intent.

“In Dundas County, there’s some wetland, but nothing compared to the proposed update wetland mapping,” says Devries.

“In the updated mapping, we would’ve had a significant amount of land considered locally significant wetland. It wasn’t all farmland but would be considered bush, and it was put in as wetland. It was more high ground. Some areas made sense, but in other areas we were unsure how it was classified as wetland. It was not low ground.”

Some local farmers were concerned about what these designations meant for land use and future farm improvements. If land is designated as locally significant wetland, even if it doesn’t appear to be, would that limit future barn building, land clearing, or cropping?

“That was where there were a lot of issues,” says Devries.

“From my impression, once land is designated wetland, you can’t clear it and it handcuffs you in what you can do. People were upset with it and a lot of people were planning to show up to the public consultation.”

Devries says he doesn’t believe the map was set in stone, but suggests there also wasn’t enough communication for farmers to feel comfortable with it.

“I believe there was still an ability to change it,” he explains.

“The challenge was that communication was not great, and it comes across badly when the change shows up during cropping time, when farmers are busiest. There were a lot of reasons for farmers to be concerned about it.”

The outcome

The wetland mapping project, as a part of the streamlining of wetland designation across the province, was paused at the end of June and is currently suspended.

“As it sits right now, it’s on halt for those three conservation authorities,” says Cameron.

“I believe it will be revisited in the future, and hopefully they will be more current with mapping and more comprehensive with information rollout. They were put in a position of a tight timeline and given a mandate that they may have been overwhelmed with, was my perception of the meeting.”

The pace of the program rollout created challenges with map quality and communication, which confused some producers. Conservation authorities have an essential role to play in maintaining Ontario’s environment, but the agriculture community values clear communication.

Devries points out that the suspension of this project does demonstrate that farmers still have a voice when it comes to policy and regulations.

“As much as it scared a lot of people, farmers still have a push,” says Devries.

“We made our point, and the government cancelled it.” BF