Victory in court for crop farmer against wetland allegation

Nov 30, 2023

Farmer successfully contests wetland designation of his land by Conservation Authority

In a landmark decision, Peter Archer, a Campbellford crop farmer, and grain elevator operator, won a four-year legal battle against the Lower Trent River Conservation Authority.

This case stands as a significant victory for farmers, underscoring the importance of proper land classification and the protection of farming rights against regulatory overreach.

The conflict started when the authority wrongly designated 10 acres of Archer's dry land as a wetland.

Archer was unaware of the wetland classification until almost completing the clearing of dead trees on his land, a task initiated due to ash borer damage. The conservation authority pursued legal action against Archer, based on questionable evidence, including photographs taken after days of heavy rainfall.

However, in court, Justice of the Peace Leona Dombrowsky, a former Ontario Minister of Agriculture, acquitted Archer on all eight charges. The verdict was based on evidence from an agrologist, biologist, and arborist hired by Archer, who concluded that the area could not qualify as a wetland due to extensive drainage.

Jacob Damftra, Archer's lawyer, argued that the conservation authority overstepped its boundaries, intervening in standard farming practices such as soil cultivation. He emphasized that the land had never been officially classified as a wetland and failed to meet the necessary criteria for such a designation.

The decision, hailed as crucial for the agricultural community, clarifies the definitions of "wetland" and "development" in the Conservation Act. It highlights that normal agricultural activities do not constitute illegal development.

A representative from the Ontario Landowners' Association criticized the conservation authority's overreach into farming practices. Farmers beware, while the case is important, it might not set a precedent against similar future actions by conservation authorities.

Video: Dicamba Returns for Georgia Farmers: What the New EPA Ruling Means for Cotton Growers

After being unavailable in 2024 due to registration issues, dicamba products are returning for Georgia farmers this growing season — but under strict new conditions.

In this report from Tifton, Extension Weed Specialist Stanley Culpepper explains the updated EPA ruling, including new application limits, mandatory training requirements, and the need for a restricted use pesticide license. Among the key changes: a cap of two ½-pound applications per year and the required use of an approved volatility reduction agent with every application.

For Georgia cotton producers, the ruling is significant. According to Taylor Sills with the Georgia Cotton Commission, the vast majority of cotton planted in the state carries the dicamba-tolerant trait — meaning farmers had been paying for technology they couldn’t use.

While environmental groups have expressed concerns over spray drift, Georgia growers have reduced off-target pesticide movement by more than 91% over the past decade. Still, this two-year registration period will come with increased scrutiny, making stewardship and compliance more important than ever.