WWAD? What Would the Amish Do? A New Letter to Miami Township Explaining Our Rights Under ORC 519.21 as Well As the Possibility of Utilizing the The Religious Land Use and Institutionalized Persons Act (RLUIPA)

God's Lil' Acre Update As of 6-24-2015

Yesterday, I was headed out on my bicycle when an SUV drove by extremely slowly. I figured it was a curious neighbor so I smiled and waved, but the woman in the passenger seat just stared blankly back. I was confused but went on my way. Little did I know that the SUV carried 2 officials, a man and a woman, from Miami Township Zoning. We believe them to be the two new members hired at the end of May, Christian Thompson and Brian Elliff. They stood on our complaining neighbors easement staring into our backyard. They then went to Mr. Buffington's front porch. Mom, Michelle, and Justin all waved and smiled, but in a display of sad bias, they, again, just stared back at us and reluctantly waved back after several awkward moments. 

So, what's next? Where are we at with 519.21? To put it simply, the township's new zoning admin won't budge, every county official we've spoken to think we are right, and I got a phone call from Peggy Hall, the leading authority in Ohio concerning 519.21. If you haven't read our previous blogs outlining this amazing Agricultural Exemption then please check us out!

Fox In the Hen House

Mr. Cranky Pants Rides Again and Our Broody Hen

Letter to the Township

Nosy Neighbors

Funny Commentary on Township's Latest OUTLANDISH complaints

Here is the audio of the recording Peggy Hall left

You can find her reports online here:

https://ohioaglaw.wordpress.com/category/zoning/

and here:http://www.ohiotownships.org/sites/default/files/Zoning%20and%20Agriculture.pdf

and here

http://aglaw.osu.edu/sites/aglaw/files/site-library/OH%20Zoning%20Law%20%26%20Ag%20PPT.pdf

The other day I was in a moment of prayer and I felt like the Lord speak to me "what do the Amish do?" They, of course, operate under very different guidelines when it comes to zoning. We get our raw milk from an Amish family in Hillsboro that does not have electricity, running water, nor any indoor plumbing. All of these things are against current "code," so how do they get around the law?

Well, I went in search and I found this wonderful federal provision that protects the exercise of religion. The Religious Land Use and Institutionalized Persons Act (RLUIPA),

While we still believe that our property unequivocally operates legally under 519.21, I wrote the township a letter to get it in writing that should the impossible happen and our property is found not to fall under 519.21, we would then like to seek a variance to operate our farm as it is an extension of our Church and Isaiah Ministries. I truly hope you are uplifted and encouraged reading this letter as I was writing it. Feel free to copy and use it yourself for your own home, church, or small ministry that is based on God's Word of getting back to nature and wholesome healthy living! 

As a side note, we are planning to have our first local meeting sometime in July to get like minded people together to brain storm ideas for presenting new recommended guidelines that would first off, allow backyard chickens, and secondly, encourage growing food as well as lawns! 

Isaiah 58 Ministries

Pastor Leah Faith 

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Township

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To whom it may Concern:

         Greetings from the homeowners and family at God's Little Acre, and also the meeting place for Isaiah 58 Ministries and Church Organization. We welcome visitors, church groups, young and old alike from all over the Tri-State to tour our garden. We truly are an oasis in this area and encouragement to others to begin to live healthy, eat healthy, and find God by growing their own plants and raising animals. We understand there is a complaint against us. In the unlikely event that 519.21 can be proven without a shadow of a doubt that it does not apply to us, we would like it placed on record that we, as a Church Group and Ministry, would like to see a variance that allows us to practice our religion. If this variance is denied, we will seek recourse to the The Religious Land Use and Institutionalized Persons Act (RLUIPA). We ask that no legal action be pursued or taken against us until the proper legal procedures as laid out in this letter dictate.


    We are currently in the process of seeking legal counsel and advice as regards to our firm belief according to multiple conversations with the Clermont County Tax Map officials, two Clermont County planning commissioners, and three persons at the Clermont County Recorder’s office, that our property does, indeed, qualify for the Agricultural Exemption from township zoning restrictions and enforcement with regards to buildings, structures, horticulture, viticulture, apiculture, and animal husbandry according to 519.21 of the ORC.

     We are currently waiting on written and verbal confirmation from our legal counsel surrounding statute 711.131 as presented in Section B of ORC 519.21. This is a long process and we are being overly burdened and taxed by the township zoning administrator.

     We have done due diligence in seeking out all the governmental offices in Clermont County that would have a hand in approving a property under Section 711.131 or identifying it’s application. 711.131 clearly states that the Planning Commission is in charge of approving properties under this section and not one official we spoke with at the County Tax Map office, the Planning Commission office, or the Recorder’s office was even aware of this statute, nor had any of them seen it, much less had any of them approved any properties under it. In addition, neither have they seen it on the deeds they come by on a daily basis. We were told multiple times that this code and section could MOST DEFINITELY NOT apply to our stand alone property as recorded on the Clermont County Tax Map and Land Descriptions.

          711.131 clearly states that any land divided under this law “shall be stamped…” 

“…it shall approve the proposed division within seven business days after its submission and, on presentation of a conveyance of the parcel, shall stamp the conveyance "approved by (planning authority); no plat required" and have it signed by its clerk, secretary, or other official as may be designated by it…”

     While some might perceive this to be of little or no importance, knowing we are not in a platted subdivision, this particular requirement is vital to the township’s view of 519.21 and how it pertains to our property at Address

    Having obtained the aerial land descriptions from our property dating back to 1931, we are now even more firmly convinced that the owner of our original tract, Mr. Charles , our great, great uncle, did NOT divide this land according to 711.131 of the ORC.

     We are within our rights as honest, law abiding citizens, (who have committed no said crime, but are being bullied and strong armed by a Mr. Neighbor, who seems to be controlling the township zoning office per his own agenda while walking all over the new administrators and telling them what they will and will not pursue, regardless of the law), we ask that before any legal action be pursued or taken against us, that the township  obtain affirmative, UNDENIABLE, UNQUESTIONABLE proof that the statute in 711.131 was, indeed, used to split Address, AND can prove WITHOUT A SHADOW OF A DOUBT that there are AT LEAST 15 other properties surrounding us that were also UNDENIABLY split according to 711.131 and are right next to each other without a break. Again, we find this impossible after looking at the county tax map and speaking to officials at the County Tax Map office, the County Planning Commissioners, and the County Recorder’s Office. I might remind the new township administrators, that no said proof has been offered.

      Finally, we trust that the township, is, indeed, doing do diligence in truthfully and fairly pursuing the facts. That they are being impartial or bias, being friends with those accusing us of a crime. In the rare case that such undeniable proof can be obtained and vetted through impartial proper governmental and legal channels and not on the mere assumption based on bias or persuasion from a vigilante neighbor. Our church and ministry Isaiah 58 Ministries, which operates within the home and upon the entire lot of Address,  would like it placed on record that we are asking for any of the following: a variance,  special exception, zoning permit, special use permit, or conditional use permit, to continue to have full legal grounds to exercise our faith in Jesus Christ and our religious beliefs.

     Please see previous letter sent in by Us. You will find that our ministry is based on the premise that the Earth is the Lord’s and the fullness thereof.  Not only that, God has called upon every man, woman, and child to seek him and do what they can with the little land they are given, but God's  blessings are upon their efforts.

      God has called upon mankind to be husbandmen of the earth, not just a small number of corporate farmers. The first job he gave to the first human was to take care of a huge garden. 

Genesis 2:15 ¹⁵ And the Lord God took the man and put him in the Garden of Eden to tend and guard and keep it.

Psalm 24:3 and 1 Corinthians 10 :23 The earth is the LORD's, and everything in it, the world, and all who live in it;

Isaiah 28:24-29 Does the farmer plow continually to plant seed? Does he continually turn and harrow the ground? Does he not level its surface And sow dill and scatter cummin And plant wheat in rows, Barley in its place and rye within its area? For his God instructs and teaches him properly. read more.For dill is not threshed with a threshing sledge, Nor is the cartwheel driven over cummin; But dill is beaten out with a rod, and cummin with a club. Grain for bread is crushed, Indeed, he does not continue to thresh it forever. Because the wheel of his cart and his horses eventually damage it, He does not thresh it longer. This also comes from the LORD of hosts, Who has made His counsel wonderful and His wisdom great. 

Proverbs 27:23 Know well the condition of your flocks, And pay attention to your herds; For riches are not forever, Nor does a crown endure to all generations. When the grass disappears, the new growth is seen, And the herbs of the mountains are gathered in, read more.The lambs will be for your clothing, And the goats will bring the price of a field, And there will be goats' milk enough for your food, For the food of your household, And sustenance for your maidens.

Proverbs 28:19 He who tills his land will have plenty of food, But he who follows empty pursuits will have poverty in plenty. 

1 Corinthians 9:10 Or is He speaking altogether for our sake? Yes, for our sake it was written, because the plowman ought to plow in hope, and the thresher to thresh in hope of sharing the crops. 

2 Corinthians 9:6-10 ow this I say, he who sows sparingly will also reap sparingly, and he who sows bountifully will also reap bountifully. Each one must do just as he has purposed in his heart, not grudgingly or under compulsion, for God loves a cheerful giver. And God is able to make all grace abound to you, so that always having all sufficiency in everything, you may have an abundance for every good deed; read more.as it is written, "HE SCATTERED ABROAD, HE GAVE TO THE POOR, HIS RIGHTEOUSNESS ENDURES FOREVER." Now He who supplies seed to the sower and bread for food will supply and multiply your seed for sowing and increase the harvest of your righteousness; you will be enriched in everything for all liberality, which through us is producing thanksgiving to God. 

James 5:7 Therefore be patient, brethren, until the coming of the Lord The farmer waits for the precious produce of the soil, being patient about it, until it gets the early and late rains.

Gene 3:23 "Therefore the LORD God sent him forth from the garden of Eden, to till the ground from whence he was taken".

• The first occupation was farming.
• Farming is an occupation that is commissioned by God. It is essential for life. Therefore, it is important that as farmers we view our job as a very essential and important job. We must not merely have a focus on making money and increasing production, but rather have a focus on producing quality crops and food that will provide the nourishment for life and health that others need.
• The word "till" means "to work, serve, labor". All farming requires labor and often lots of it.
• It is interesting that God mentions the ground from which man was taken.

      It is important that we keep in the front our minds as farmers that we still come from the ground today. Everything we eat ultimately comes from the ground. Therefore our bodies become whatever quality the quality of the soil is. If it is poor soil, our bodies will not be as strong and healthy as if the soil is very fertile and full of nutrients. Often the focus of being healthy is placed on eating right. But the real focus for health must be placed on building up the soil and making it very fertile. Rich, fertile soil is not only important for increased production; it is necessary for increased health. Eating lots of fresh fruits and vegetables that are commercially grown in impoverished soils is not nearly as healthy for us as eating fresh fruits and vegetables that are grown in rich fertile soil.

    Thus we here at God's Lil Acre and Isaiah 58 Ministries are Redeeming the dirt!!! There is so much sickness and disease all around us, factory farms, pesticides, chemicals... it's not enough to say to someone "just except Jesus in your heart and he will heal you..." It's up to CHRISTIANS to be on the FRONT LINES of God's natural, appointed ways of living, eating, and working. It's not enough for us to say "be on your way, be whole in the name of Jesus," while we pray for cancer or diabetes, or bowel syndromes, or auto immune disorders. Churches pray endlessly for God's blessings, especially healing, and God is right there in His Word saying "The answer is here..."

    So many illnesses could be ERADICATED with proper nutrition and soil management, fresh air, getting in touch with the ULTIMATE FARMER, and asking him to lead you and guide you in his blessings on your field and flock!

     Factory farming is, indeed darkness for animal, plant, and the worker. God came to REDEEM us from darkness and set us up in the kingdom of His dear Son, Jesus Christ!

Colossians 1:13-14 "For he has rescued us from the dominion of darkness and brought us into the kingdom of His Son, he loves, in whom we have redemption, the forgiveness of sins.


   One would like to solve this matter without seeking recourse to The Religious Land Use and Institutionalized Persons Act (RLUIPA) laws. Please See Attached. Here is an overview.

      Congress found that zoning authorities were frequently placing excessive or unreasonable burdens on the ability of congregations and individuals to exercise their faith with little to no justification and in violation of the Constitution. Congress further found that religious institutions often faced both subtle and overt discrimination in zoning, particularly minority, newer, smaller, or unfamiliar religious groups and denominations

RLUIPA does not pre-empt or replace the normal zoning code. Rather, it imposes a number of safeguards and requirements on local governments regarding zoning that impact religious uses by requiring that: • the zoning law or its application not substantially burden religious exercise without compelling justification and must be  pursued through the least restrictive means,

 • the zoning law not treat religious uses less favorably than nonreligious assemblies and institutions, • the law not discriminate based on religion or religious denomination, and 

• the jurisdiction not totally or unreasonably restrict religious uses 

     RLUIPA applies to states (including state departments and agencies) and their subdivisions such as counties, municipalities, villages, towns, cities, city councils, planning boards, zoning boards and zoning appeals boards

    RLUIPA provides in Section 8 that “religious exercise” includes any exercise of religion, “whether or not compelled by, or central to, a system of religious belief.” Thus a county or municipality cannot avoid the force of RLUIPA by asserting that a particular religious activity is something that a religious group merely wants to do rather than something that it must do.

    When there is a conflict between RLUIPA and the zoning code or how it is applied, RLUIPA, as a federal civil rights law, takes precedence and the zoning law must give way.
10. RLUIPA contains a complicated description about when the “substantial burden” section will apply. Just when does the “substantial burden” test apply in a particular case? RLUIPA applies the substantial burden test to zoning or landmarking laws that have procedures in place under which the government makes “individualized assessments of the proposed uses for the property involved.” By their nature, zoning or landmarking decisions typically involve such “individualized assessments.” 

     Individualized assessments are present when the government looks at and considers the particular details of a proposed land use in deciding whether to permit or deny the use. It  will cover most applications for variances, special use permits, special exceptions, rezoning requests, conditional use permits, zoning appeals, and similar applications for relief, since these all ordinarily involve the government reviewing the facts and making discretionary determinations whether to grant or reject an application. A denial of a building or occupancy permit based solely on a mechanical, objective basis with no discretion on the part of the decision maker would not be an individualized assessment and thus would not require the application of the substantial burden test. Practically, however, such purely “ministerial” situations are extremely rare in zoning disputes. Even if a zoning or landmarking case did not involve an individualized assessment, the substantial burden test still applies if the use at issue impacts interstate commerce, such as construction or expansion projects, or if there is federal funding involved. 

11. What are examples of compelling interests that will permit local governments to impose substantial burdens on religious exercise? 

A government cannot impose a substantial burden on religious exercise unless it has a compelling governmental interest for doing so that is pursued through means that are the least restrictive of religious freedom possible.

• “Compelling interest” is a legal term meaning interests “of the highest order.” (there can be NO COMPELLING INTEREST for keeping a religious organization from farming when their entire religious belief is soundly grounded in the Bible and  based upon God's law of sowing and reaping) Government interests that are merely reasonably or even significantly important are insufficient. Courts have ruled that municipal interests in revenue generation, economic development or eliminating congestion, are not compelling. The burden of proving that an interest is compelling lies squarely on the local government.

• Since there is a very REAL possibility our property legitimately operates under 519.21, the township's LEAST RESTRICTIVE MEANS POSSIBLE would allow us to continue to invoke our CONSTITUTIONAL RIGHT to worship and above all, OBEY GOD. 

• Since many people in and around Miami Township with similar lot sizes and set backs from roads UNEQUIVOCALLY fall under the Ohio Agricultural Exemption in 519.21. Whether they utilize it as such is of no importance, they would be operating within their rights. Therefore the state of Ohio, which SUPERSEDES any TOWNSHIP ZONING restrictions, has concluded that Agriculture does not pose any significant health risks or public sanitation concerns. 

• The Department of Justice highly encourages townships and municipalities to resolve these kinds of issues within their set means as not to waste precious government resources. They also demand  A FAIR, BALANCED, AND UNBIASED approach.  

     They suggest that any dispute between a religious organization such as Isaiah 58 Ministries and a government zoning authority, be resolved by one of the following means so as not to waste precious government resources (of which the township has used too much already in it's pursuit against us based on one man's vendetta) :

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  17. What can a local government do to avoid liability under RLUIPA? RLUIPA contains a “safe harbor” provision that protects a local government from application of RLUIPA’s enforcement provisions if it takes steps to ameliorate the violation. Section 4(e) provides that a local government can avoid the force of RLUIPA’s provisions by: • changing the policy or practice that results in a substantial burden on religious exercise; • retaining the policy or practice and exempting the substantially burdened religious exercise; • providing exemptions from the policy or practice for applications that substantially burden religious exercise; or • any other means that eliminates the substantial burden. 

     I am fully confident that the Miami Township board of elected trustees will be unbiased in their decisions and assessment. I do not, however, hold the same faith in the new zoning administrator who is with us on a one year trial basis. He has already proven to be willing to take sides, and unwilling to listen to a law abiding citizen's legitimate claim to a rightful and legal use of personal property. 

    In conclusion, we would like the township to know what a burden they have put us under to continually defend ourselves against unfounded accusations. No one at the township apologized or even acknowledged the pettiness of this situation. We were given EXPRESS permission from Lou Ethridge to proceed in getting chickens. We were told that if our neighbors complained to send them to him. It is quite convenient that the township is now pursuing us out of the blue once he is gone. This alone is grounds for a variance or permit. Many people in Miami Township would like to keep chickens, and indeed, many do, secretly, and they should not have to. The City of Milford allows them on any lot size, any number, with the only restriction being that they be kept humanely. 

    If the township is not here to serve the citizens, what are they here for? You cannot allow one man's grievance to triumph over the legal property use rights of the majority of people. While I am sorry Mr. Neighbor cannot see the beauty in our land, I cannot change him. If he and people like him want to continue to damage their bodies with hormone pumped, pesticide and antibiotic laden foods, I cannot stop him. However, times are changing, people are waking up to just how far we've come from real healthy food and many, like us, are starting to take their food and health into their own hands. 

    Miami Township could be on the forefront of this movement. Indeed, we could lead the way and join the ranks of Denver, New York, and Cleveland, who all allow backyard chickens within city limits and have changed their laws not only to allow urban agriculture but to ENCOURAGE IT! The advantage of living in a suburb is that people typically have even larger lot sizes than what can be found in an urban setting or environment where mere 10 x 10 spaces are being converted into gardens. What if everyone in Miami Township began to utilize their back/front/and or side yards to produce some of their food? We could cut down on so much waste and pollution and people would become healthier, lose weight, control diabetes naturally, and curb the rise of chemically induced cancers.  

    We are not the criminals here and I'm sure that the Board of Trustees will work with us to make sure Isaiah 58 Ministries is not only given full authority to operate under 519.21 but encouraged and applauded for their efforts in working hard to protect the environment through organic and  healthy land use.

Thank you and God Bless. 

Sincerely, 

Me 

Pastor of Isaiah 58 Ministries and 2000' Graduate of Rhema Bible Institute.