No llama weddings? Proposed 'non-farm use' rules worry farmers

Farmers are worried that new scrutiny of their land use — for everything from weddings to music festivals — will shut down creative ventures they need to remain profitable year-round.

The Agricultural Land Commission (ALC) has sent out a draft policy on non-farm uses for farm lands that makes it clear that farm income must surpass any "accessory" use, in an effort to keep land in the Agricultural Land Reserve (ALR) primarily for producing produce, instead of parties.

You can imagine, rental of your farm property to weddings can surpass your farm income pretty quickly these days.- Denise MacDonald, Summerland orchardist.

"Agri-tourism uses and activities only augment a farmer's regular farm income, rather than exceed or replace it," reads the document on page. 8.

The policy aimed to "assist local governments in regulating agri-tourism," deals with events such as "commercial weddings" held on farmland in the reserve.

"It's getting very complicated, and my concern is there's not going to be enough oversight, there's not going to be enough monitoring, it's going to be complaints-driven," Denise MacDonald, an orchardist in Summerland, and chair of the District of Summerland's agricultural advisory committee told Radio West host Rebecca Zandbergen.

"It's like a Pandora's Box. It's going to go on and on."

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Two farms that have become popular wedding spots announced no more bookings and outright cancellations of weddings this week due to cease-and-desist orders from the ALC.

Both farms are protected by the Agricultural Land Reserve, and as such, non-farm use activities there are forbidden without an exemption permit, which the ALC says the farms were operating without.

"Commercial weddings" expressly forbidden without permit

The Sept. 2014 draft policy went out to municipalities after consultations "in which local governments expressed strong support for [the ministry of Agriculture] to provide greater clarity in guidance to local government bylaws on agri-tourism."

The policy aims to: "Reduce the financial imbalance that results from large scale commercial operations locating inexpensively in the ALR and outcompeting those that have located in appropriate commercial zones" and "minimize the risk of agri-tourism and farm retail sales buildings and structures being used for non-farm purposes."

The ministry document also says "commercial weddings" require a non-farm use permit for each event, and MacDonald is concerned about that application process.

Activities only augment a farmer's regular farm income, rather than exceed or replace it.- page 8 of Regulating Agri-tourism and Farm Retail Sales in the ALR.

"We're all business people and we all recognize an opportunity to make a dollar, and the farmers are going to go that way," MacDonald said. "So yes, we do need better regulations, but let's be fair about it."

She's also worried about a provision that would spell out that any sort of agri-tourism must an accessory to farm work, and income from agri-tourism cannot exceed 50 per cent of a farm's income.

"Farm income wouldn't be a reasonable measurement of intensity of use," MacDonald said. "You can imagine, rental of your farm property to weddings can surpass your farm income pretty quickly these days."

The Ministry of Agriculture will be taking feedback on the draft policies until Nov. 30 via email at [email protected].

To hear the full interview, click the audio labelled: Province seeking feedback on draft rules for non-farm use of ALR land