Gentle crackdown begins on mushroom farm
The days of a Summerland mushroom farm skirting land-use regulations are coming to an end.
Summerland council this week voted 6-1 in favour of allowing the operator of What The Fungus to apply to the Agricultural Land Commission for nonfarm use authorization to co-locate a tree removal company on the property at 18420 Garnett Valley Rd.
Should the ALC allow the application, What The Fungus would then require a temporary use permit from the District of Summerland in order to comply with local zoning.
“Everybody’s got to play by the same rules, regardless of how great the story is -- and it’s a wonderful story,” said Coun. Richard Barkwill.
“But, please, if you’re going to do your wonderful business in Summerland, you had a great chance to get it going without a lot of interference, so now move on to a business that follows the rules like every other similarly sized business.”
At issue are the number of employees and vehicles that Bartlett Tree Services has at 18420 Garnett Valley Rd. As a secondary use of the agricultural property - the main use is the mushroom farm - ALC rules limit the tree business to no more than two employees and four vehicles on 100 square metres.
However, during a site visit in November 2023, a Summerland bylaw officer counted seven vehicles and seven employees on a footprint of 500 square metres, which would require heavy industrial zoning to make legal.
Thor Clausen, who owns both What The Fungus and Bartlett Tree Services, told council the two companies are intrinsically linked, because mushrooms are grown in wood chips collected by the tree company.
“It is rare -- and I’ve only found one farm: ours -- that under two acres can support a living wage for the farmer and staff. It’s an amazing little farm, only made possible by the supply of the wood chips and the relationship with the tree company,” said Clausen.
He also pointed to a development permit issued in 2019 by the district as proof that staff at the local government have known all along the two businesses are co-dependent.
“Every decision we have made financially and for our families on the farm were done because we thought, and were led to believe, that development services, council and the community wanted this as a shining example of how innovation can lead to farming beyond the traditional,” said Clausen, who claimed his property is otherwise “not farmable in any traditional sense.”
But the current situation, observed Barkwill, gives Bartlett Tree Services an unfair tax advantage over other companies that are properly located on higher priced commercial properties. Barkwill also had Clausen acknowledge several existing situations at his property of non-compliance with district and ALC rules.
Others on council, however, were more inclined to continue giving Clausen some leeway.
“Dirt’s dirt. The dirt’s there. The dirt’s always going to be there,” said Coun. Marty Van Alphen.
“And, if Bartlett Tree Services disappeared tomorrow, it could be fenced off, it could be a horse corral. It’s still agriculture. It’s not asphalt paving. It’s not a helicopter pad or an illegal building. It’s parking.”
It’s expected to take up to a year now for the ALC to consider Clausen’s application for non-farm use. If it’s granted, Clausen would then require a temporary use permit from council to continue running Bartlett Tree Services at the property.
Mayor Doug Holmes was the sole vote against allowing the ALC application to proceed, noting the tension between the existing use and current zoning.
The district began re-evaluating its support of What The Fungus in 2022 following a complaint from neighbour Brad Besler, with whom Clausen has been in a long-running legal dispute.