Councillor candidate, farmer seeks to change lot severance bylaw for retiring farmers

By Mike Renzella

The Haldimand Press

A local farmer and Ward 5 candidate in the upcoming municipal election, James Kaspersetz, has set his sights on an issue near to his heart – changing a bylaw restriction stopping retiring farmers from rezoning a portion of their land to build a retirement home at their family operation.

Kaspersetz, who has been running his farm operation in Dunnville since 2016, said the issue first came to his attention when he began looking into lot severance options ahead of his own eventual retirement.

“In talking to many farmers and asking their opinion as to which process would work, I was surprised that the County and Provincial government removed the option for farmers to sever off a lot on their operation,” said Kaspersetz, who noted that they do still allow for the creation of a second house on the property to “allow for the next generation to take over.”

He continued, “Prior to the revision of Haldimand County’s Master Plan and the Ontario government, farmers were allowed to sever one lot from their farming operation to be used as a retirement lot. On our farm in Canfield we were allowed to sever off one lot, which my parents built a house on, and then at a later date sold the farm to a non-family member. The Liberal government under Premier David Peterson started to severely restrict the use of lot creation.”

Haldimand County’s Manager of Planning and Development Shannon VanDalen explained the policy that precludes the County from being able to grant such requests.

“All municipal planning documents must conform to Provincial legislations. In this case, the Provincial Policy Statement, 2020 states that the creation of new residential lots in prime agricultural areas is not permitted. Farm retirement lots were permitted through the policy a number of years ago, however this was removed in 2005,” said VanDalen. 

While the issue remains largely outside of the municipalities’ hands, VanDalen provided a rationale for the policy, stating, “The overall intention for this policy is to preserve agricultural lands and natural resources, and to avoid land fragmentation and further introductions of sensitive land uses, i.e. the non-farm residential lot.”

She said that while the County receives a few inquiries each year about creating a new lot, “no further applications are received once the policy has been explained.”

Kaspersetz, nonetheless, believes it is a common concern based on his conversations: “Farmers feel it is more of a planning decision that favours developers who can buy parcels of land and convert them into single lots as part of the Provincial government ‘Places to Grow’. The farmers are not severing their lands for profit, they are severing them … in an attempt to stay close to the family operation and provide support to the younger family members.”

“It seems ironic that the only way I can plan for my retirement and obtain a second residence is to buy an adjoining property and do a boundary adjustment and take that home as a retirement residence.”

Kaspersetz called the policies a “major concern” and wants to see action taken by Haldimand Council for change. 

VanDalen noted however, “As this is a Provincial policy, any change in the policy would have to come from a provincial level. Should a municipality wish the policy to be changed, they could potentially bring it to the Province for consideration through Council. However, as this is a Provincial policy, it applies to all municipalities so any changes would be wide-reaching.”

Kaspersetz plans to do just that if he is elected this fall in Ward 5: “Farmers have a deep affliction to stay close to their family and have no intention to move into a condo in the city. They grew up in the country and want to stay in the country and most importantly stay close to their family farm.”