Leamington comes to light pollution deal with vegetable greenhouse sector

A bylaw restricting light pollution from Leamington’s greenhouse sector has been replaced by a new version considered to be a better compromise between the needs of greenhouse operators and the wider community.

The light from some greenhouses in the area flood the night sky and can be seen for miles.

The density of Leamington and Kingsville’s greenhouse industry and power of lighting used in crop production have generated contention between area residents and the industry. Growth of the cannabis sector has also contributed to the issue.

Why it matters: Technology and market changes in agriculture can have public impacts, such as increasing light from greenhouses. It forces farmers to figure out how to manage them.

The Leamington bylaw was the subject of an appeal to the Normal Farm Practices Protection Board and that helped drive a negotiated solution.

Action was taken at the Municipality of Leamington’s June 14 council meeting. According to meeting records, the new bylaw includes provisions “more in keeping with manufacturer specifications for blackout curtains.”

The change sets a precedent for light abatement in the municipality but not provincially.

The original bylaw, enacted in winter 2020, stipulated side-wall and end-wall curtains had to be used by April 1, 2021. Business owners had until Oct. 1, 2021, to roll out ceiling curtains. Complete ceiling coverage was mandated, except for a period between 2 a.m. and 6 a.m. when curtains could be opened by 10 per cent. In the interim, greenhouses using artificial lighting were supposed to turn them off between 8 p.m. and 2 a.m.

Altered provisions in the new bylaw include:
• Until Oct. 1, 2023, or earlier if a greenhouse owner has installed all required curtains, lights may be on until 10 p.m.
• As of Oct. 1, 2023, ceiling curtains must be installed and closed.
• As of Oct. 1, 2022, greenhouse owners who have not installed ceiling curtains must provide proof of purchase of the same.
• A 10 per cent gap in ceiling curtains is permitted between 5 p.m. and 10 p.m., as well as between 2 a.m. and 8 a.m.

The Ontario Greenhouse Vegetable Growers (OGVG) said after the meeting that it worked with the municipality on revisions and incorporated key amendments that best satisfy the needs of the community and OGVG members.

“We are proud to work closely with our community, OMAFRA and the municipality’s administration to get to the most-right outcome for everyone. A big thanks to Chief Administrative Officer Peter Neufeld, Mayor Hilda MacDonald, and town council for their continued communication and taking the time to get this right,” said George Gilvesy, chair for OGVG.

“This kind of collaboration sets us on a path for greater prosperity and well-being across the community and the region as a whole.”

Joe Sbrocchi, executive director and general manager for the organization, said changes were necessary to ensure the continued production of greenhouse vegetables. In an interview with CBC, he said growers would not be able to expel excess heat and humidity unless some gaps were allowed. Crop damage, particularly in the canopy, would result.

Sbrocchi told Farmtario that while the light pollution issue has been around for a while, delays in compliance have been due in part to equipment unavailability. Now most applicants either have the necessary materials or a receipt for materials they’ve purchased.

Compliance anticipated

Lighting bylaws in Leamington and neighbouring municipality Kingsville were originally enacted after residents raised criticism of greenhouse light pollution. In Leamington, eight different greenhouse operations incurred fines for non-compliance under the original bylaw.

These fines have been thrown out as part of the new bylaw enactment. New fines will amount to $750 per infraction.

Hilda MacDonald, Leamington’s mayor, says the municipality has an enforcement plan. She also believes the relationship with greenhouse vegetable businesses, as well as the area’s legal cannabis industry, is positive, and expects compliance.

Cannabis industry silent

While OGVG engaged with the municipality, the area’s greenhouse cannabis sector has been comparatively silent on the issue.

Neither local operators, nor the Cannabis Council of Canada (C3) were heard from. C3 represents Canada’s licensed cannabis producers and processors, but MacDonald said the municipality wasn’t aware of it, nor was the OGVG familiar with it either.

“We put the information out there and they’re expected to comply,” MacDonald says. “They’ll have time to comply.”

She added that cannabis industry representatives appear not to have taken responsibility “in an area that has had a large number of producers set up shop.”

Normal practice challenges remain

Twelve greenhouse vegetable businesses appealed to Ontario’s Normal Farm Practices Protection Board in response to the original bylaw. Ten of those, says McDonald, have accepted and signed off on the new bylaw.

Sbrocchi told Farmtario the two remaining members may feel it will be difficult to comply, given their circumstances, but he hopes issues can be resolved before the enforcement deadline.

The two greenhouse operations that did not sign-off on the new bylaw are expected to continue pursuing an appeal with the provincial farm practice board. For now, McDonald says other municipalities with lower densities of greenhouse crop production are monitoring Leamington’s actions.

“We thought this was a good give and take. ‘Equitable’ is probably the best way to put it,” she says. “I think it’s something almost everyone can live with,” says Sbrocchi. “The big overriding thing from residents was the night skies were being washed out. So, from 10 p.m. until 2 a.m., there will be zero.”

While Sbrocchi believes OGVG and the municipality devised a solution that worked for as many growers as possible, he said individual members did not rescind their right to approach the normal farm practice board or pursue other agreements.