How do I sever a lot from my farm property in Ontario?
Severing a lot from a larger parcel in Ontario requires "consent to sever" granted by the local municipality's Committee of Adjustment or Land Division Committee. This is a discretionary approval governed by the Planning Act.
The committee considers whether the proposed severed lot and the retained land each comply with the zoning by-law (minimum lot size, frontage, depth), whether the land can be safely accessed from a public road, whether servicing (water, sewage) is adequate, and whether the severance conforms with the county or municipal official plan.
For farm properties, provincial policy — particularly the Provincial Policy Statement — generally restricts the creation of new non-farm lots in prime agricultural areas. Committees are required to have regard for these policies. An application to sever land in a designated prime agricultural area for a non-agricultural residential lot will typically face significant policy resistance unless the lot can meet specific surplus farm dwelling or lot rationalization criteria.
If your property is located in a Greenbelt area or the protected countryside, additional restrictions apply under the Greenbelt Plan, which further limits new lot creation.
Severance applications involve forms, fees, a site plan or sketch, and notice to abutting landowners. Processing times vary by municipality. A planning consultant or a lawyer who handles land use matters can help you assess viability before you invest in a full application.
Key takeaways
- Consent to sever is a discretionary approval under the Planning Act.
- Farm properties in prime agricultural areas face significant policy restrictions on new lot creation.
- The Greenbelt Plan adds additional limits in protected areas.
- Retain a planning consultant early to assess the application's likelihood of success.