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Prime Agricultural Lands

- What are the prime agricultural land restrictions?
- What is the Canada Land Inventory?
- Where can I find the most up-to-date Canada Land Inventory maps?
- What are the specialty crop areas?
- I have a municipal official plan indicating that one of my properties is zoned as industrial land and another property is zoned as "rural". Can I build my ground-mounted solar PV project on either of these lands?
- The land on my property is improperly classified - who should I contact?
- I was going to use a qualified geologist to perform the soil studies, but he is not on the list on the OMAFRA website. Can I still use him?
- The soil study requirement refers to multiple CLI classifications. Do I need a soil study if my property is classified as a combination of any land classes? Or is a study only needed if it has prime and non-prime land (e.g., Classes 1 and 3)?
- How will Class 3 land be calculated in the 500 MW cap?
- Do we need to do a soil study if part of our site is Class 3 land and part is Class 4 land? Presumably the project will be allowed to proceed based on current rules as long as the cap on Class 3 land is not reached.
- For Class 1 or 2 land, is a site-specific soil mapping study conducted by desktop (i.e., not in the field) by qualified consultants acceptable?
- Is a field visit required if my property is Class 3 or 4? Is a desktop soil study sufficient?
- Can I build a solar farm if my property is a designated as multi-use consisting of agricultural and residential?
- There is a small island of Class 2 among the Classes 3 to 7 lands on my property. From a practical perspective, it makes sense for me to develop the land entirely with a solar farm. Will the OPA consider my FIT application?
 
What are the prime agricultural land restrictions?

The Minister of Energy and Infrastructure directed the Ontario Power Authority not to enter into contracts for ground-mounted solar PV projects greater than 100 kW whose facilities are located on:

  • lands comprised of Canada Land Inventory (CLI) Class 1 or 2 soils 
  • specialty crop areas within the meaning of the 2005 Provincial Policy Statement (PPS).
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What is the Canada Land Inventory?

The Canada Land Inventory is a comprehensive inventory covering capability for land uses, including agriculture, forestry and recreation. The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) is responsible for maintaining and managing the Canada Land Inventory.  

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Where can I find the most up-to-date Canada Land Inventory maps?

The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA)'s website has the latest official Canada Land Inventory maps. For more information, please visit http://www.omafra.gov.on.ca/english/landuse/feed-in-tariffprogram.htm.

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What are the specialty crop areas?

The 2005 Provincial Policy Statement outlined three specialty crop areas: Niagara Peninsula Tender fruit and grape area, Holland Marsh and Grey County. Maps of these areas are available on the Ontario Ministry of Agriculture, Food and Rural Affairs. For more information, please visit their website at http://www.omafra.gov.on.ca/english/landuse/feed-in-tariffprogram.htm.

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I have a municipal official plan indicating that one of my properties is zoned as industrial land and another property is zoned as "rural". Can I build my ground-mounted solar PV project on either of these lands?

A municipal plan is not sufficient evidence and you will need to refer to the municipal zoning by-law. For CLI Classes 1, 2 and 3 soils, if the land where the project is being proposed was zoned as industrial or rural by your municipality's by-law before or on October 1, 2009, you are not required to submit information and maps regarding soil classifications.

You are, however, required to submit a copy of the zoning schedule (map) with an outline of the site proposed for your project. You must also submit written confirmation from the municipality's chief planning official or clerk certifying that the land proposed for your project was zoned entirely for non-agricultural purposes as of October 1, 2009.

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The land on my property is improperly classified - who should I contact?

The Canada Land Inventory is updated from time to time by OMAFRA. For more information, contact OMAFRA toll-free at 1-877-424-1300, or by email at ag.info.omafra@ontario.ca.

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I was going to use a qualified geologist to perform the soil studies, but he is not on the list on the OMAFRA website. Can I still use him?

You do not have to use one of the soil scientists on OMAFRA's list. As the website indicates, these are just examples. However, proponents should ensure that those whom they consider hiring have professional expertise in pedology - CLI in particular.

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The soil study requirement refers to multiple CLI classifications. Do I need a soil study if my property is classified as a combination of any land classes? Or is a study only needed if it has prime and non-prime land (e.g., Classes 1 and 3)?

The soil study is only needed if your property has multiple CLI classifications, including Classes 1, 2 and 3. Please note that the study must be consistent with OMAFRA's soil survey guidelines.

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How will Class 3 land be calculated in the 500 MW cap?

Class 3 land will be calculated as follows:

If you have a project that is 50 percent Class 3 land and 50 percent Class 4 land, only the portion of your project that is on Class 3 land (50 percent in this case) will count as Class 3 land towards the 500 MW cap.

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Do we need to do a soil study if part of our site is Class 3 land and part is Class 4 land? Presumably the project will be allowed to proceed based on current rules as long as the cap on Class 3 land is not reached.

A soil study is needed in this case. Just as it is reasonable to expect a soil study for Class 2 and 4 land, we are requiring a soil study for Class 3 and 4 land. This is to confirm the Class 4 land, regardless of whether the 500 MW cap is reached.

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For Class 1 or 2 land, is a site-specific soil mapping study conducted by desktop (i.e., not in the field) by qualified consultants acceptable?

Both field study and desktop soil study are required in situations where the lands include prime agricultural land (Class 1 or 2).

A desktop study before a field visit is useful and essential. This includes a review of information such as county soil reports, provincial digital elevation modelling, air photo interpretation, geology maps and other studies undertaken on the area.

A site visit including soil inspections then confirms, corrects and/or refines the desktop sources of information.

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Is a field visit required if my property is Class 3 or 4? Is a desktop soil study sufficient?

A field visit and a desktop soil study are necessary for land with multiple classifications that include Class 1, 2 or 3 land.

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Can I build a solar farm if my property is a designated as multi-use consisting of agricultural and residential?

Please refer to the municipality's zoning by-law for the appropriate zoning. The developer is permitted to build on the land if agriculture is not the dominant use on the land.

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There is a small island of Class 2 among the Classes 3 to 7 lands on my property. From a practical perspective, it makes sense for me to develop the land entirely with a solar farm. Will the OPA consider my FIT application?

Consistent with the directive the OPA received from the Ministry of Energy and Infrastructure on September 24, 2009, the OPA will not accept a FIT project that is on Class 1 or 2 land as prescribed by OMAFRA's official CLI maps listed here: http://www.omafra.gov.on.ca/english/landuse/feed-in-tariffprogram.htm.

We encourage developers to work around CLI Class 1 or 2 soils for their projects. 

 

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