Community affairs minister Valerie Docherty is recusing herself from discussion on buffer zone legislation. (CBC)

Community affairs minister Valerie Docherty is recusing herself from cabinet discussions around buffer zone legislation because her husband was charged under the Environmental Protection Act with planting a row within 200 metres of a watercourse.

Alex Docherty's company, Skye View Farms, faces a fine of $10-50,000 if found guilty. The charge was laid July 16.

A spokesperson for Premier Robert Ghiz said the overall policy on issues like this is covered by the Conflict of Interest Act. But he said in many cases it's a judgement call and in this case government and Docherty were trying to be cautious.

The opposition agreed Docherty should not be included in discussions involving buffer zone enforcement.

Buffer zones are areas of land that must be managed in a way that protects waterways from soil runoff.

The province has laid seven charges this year for buffer zone violations. Two of those charges involved farms.

On July 23, the province set up a new action committee to examine current land management practices and buffer zone legislation. Any changes will eventually end up before cabinet.