The Natural Resources Conservation Board (NRCB) has observed a rising number of cases involving unauthorized construction of pens, barns, catch basins, and earthen manure storage facilities at confined feeding operations (CFOs). These infractions pose significant regulatory and financial risks to operators.
Compliance with the Agricultural Operation Practices Act (AOPA)
The Agricultural Operation Practices Act (AOPA) strictly prohibits the construction of a CFO, manure storage facility, or manure collection area without obtaining the necessary permits. Engaging in unauthorized construction is a serious violation that can lead to severe consequences, including enforcement orders, prosecution, and substantial monetary penalties. Additionally, operators may face increased costs related to rectifying unauthorized construction, such as facility modifications or depopulation expenses. Cutting corners on regulatory requirements can ultimately result in higher costs and operational disruptions.
Ensure Compliance Before Building
Prior to initiating any construction at a CFO, manure storage facility, or manure collection area, operators must consult with an approval officer or inspector at their local NRCB office. These officials can help determine whether an AOPA permit is required and guide operators through the compliance process. Approval officers are also available for on-site visits to review plans and confirm necessary regulatory steps.
All required permits must be secured before construction begins. If an operator is unsure whether certain activities qualify as construction, they should seek clarification from the NRCB.
In cases where construction has already begun or has been completed without a permit, self-reporting to the NRCB is the recommended course of action. Promptly addressing non-compliance can help mitigate enforcement consequences and avoid further financial and legal complications.
Enforcement Actions and Consequences
The NRCB takes unauthorized construction seriously and may impose various enforcement actions, which include:
- Facility Removal or Depopulation – Operators may be required to dismantle the unauthorized structure or depopulate the facility at their own expense.
- Compliance Directives and Enforcement Orders – These public documents are posted on the NRCB website, ensuring transparency and accountability.
- Prosecution – In cases where an operator knowingly proceeded without a permit or failed to cooperate with NRCB inspectors, legal action may be pursued.
When determining enforcement measures, the NRCB considers several factors, including:
- Whether the operator self-reported the violation
- The level of cooperation demonstrated by the operator
- The potential environmental impact of the unauthorized construction
Resources and Further Information
For more details, operators can refer to the NRCB’s Unauthorized Construction under the Agricultural Operation Practices Act fact sheet, available on the NRCB website at www.nrcb.ca. Additional guidance can be obtained by contacting an approval officer or inspector at the nearest NRCB office.
Proactive compliance with regulatory requirements is essential to maintaining a responsible and sustainable operation. By securing the necessary permits before beginning construction, operators can avoid unnecessary penalties and contribute to the integrity of Alberta’s agricultural industry.
