What is a Surplus Farm Dwelling Severance?

When farming operations expand by acquiring additional farm parcels, there may be existing homes or dwellings on the newly acquired lands that are surplus to the farming operation. Through a process known as a Surplus Farm Dwelling Severance, these habitable dwellings (often called a residence surplus to a farming operation) may be severed from the farmland so that they can be separately sold as a residential lot. In order for a dwelling to qualify as a dwelling surplus to a farming operation, criteria must be satisfied including, but not limited to:

  1. The dwelling must have been in existence as of January 1st, 1999.
  2. The dwelling must be surplus as a result of consolidation of farming operations.
  3. The remaining farmland must be zoned to prohibit new dwellings.
  4. Any incompatible buildings, structures or barns must be removed.
  5. The new lot is limited to a minimum size needed to accommodate the use and appropriate sewage and water services and to minimize the loss of agricultural land.
  6. Specific criteria outlined in Official Plan.

What is the Surplus Farm Dwelling Severance Process?

  1. Schedule a pre-consultation discussion with the Planner.
  2. Submit a complete application, any required documents including a sketch, and the applicable fees to the Municipality.
  3. A Notice of a Public Meeting is posted on the subject lands and circulated to the applicants, landowners within 60 metres, and any relevant agencies at least 14 days before the meeting.
  4. Staff collect public and agency comments and prepare a planning report that includes a planning recommendation.
  5. A decision is made during a Committee of Adjustment hearing where an application will be either approved (with or without conditions), denied, or deferred.
  6. A Notice of Decision is mailed out to the applicants, agencies, and by request within 15 days of the Hearing.
  7. The 20-day appeal period begins on the date of the Notice of Decision. Any appeals will be heard by the Ontario Land Tribunal for a final decision.
  8. Fulfill the conditions of approval within one year and submit relevant documentation to the Municipality for certification.
 
Rules and regulations vary by Municipality.
information prepared by county of middlesex planning.