NEWFOUNDLAND AND LABRADOR
REGULATION 21/05

Wooddale Agriculture Development Area
Regulations (Amendment)
under the
Lands Act
(O.C. 2005-063)

(Filed March 7, 2005)

Under the authority of section 59 of the Lands Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, March 3, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.24 R&S
Farm residential development

CNLR 1080/96

        1. Section 24 of the Wooddale Agriculture Development Area Regulations is repealed and the following substituted:

Farm residential development

      24. (1) Residential development shall not be permitted except where

             (a)  there is one residence for each commercial farm and that residence complies with a farm development plan approved by the authority for that farm; or

             (b)  it is necessary for the efficient operation of the farm, a second residence exists that complies with a farm development plan approved by the authority for that farm.

             (2)  Notwithstanding subsection (1), one residence for each actively farming son or daughter of persons who own and reside on land within the development area subject to conditions or restrictions contained in the owner's grant to the land may be permitted provided that

             (a)  the location and frontage of the lot are in conformity with the municipal plan approved by the authority; and

             (b)  proof of title to and residence on the land is supplied; and

             (c)  a statement is supplied by the owner listing all of his or her sons and daughters who are actively farming and stating which son or daughter is to construct the residence; and

             (d)  there is minimal agricultural impact from the proposed development as determined by the authority.

             (3)  A residence referred to in subsection (1) or (2) must be located so that it

             (a)  does not interfere with access to the remainder of the land on which the farm is located; and

             (b)  has at least 30 metres of frontage per residence on a publicly maintained highway.

             (4)  For the purpose of this section, a person shall be considered to be actively farming if he or she is engaged in commercial farming.

©Earl G. Tucker, Queen's Printer