The saga continues......Keeping a Journal........Agriculture laws

Note: If you are trying to be responsible and do the right thing by gardening, raising chickens etc. It's possible you will have trouble from government officials or neighbors. "A lawyer" will tell you to keep a "Journal" of every incident so you can defend yourself if necessary. We blog to Journal, help others, let the people be the judge, (for they are rightful government), and to encourage people to not give up or give in to bully's, government KGB/terrorist. You are not alone, join groups like the Farm to Consumer Legal Defense Fundhttp://www.farmtoconsumer.org/, Urban farming.org, http://www.urbanfarming.org/and there are several others, form you own group like God's Lit'l Acre. It takes very little time with big impacts!

          With any government official their goal is to keep the peace "not" for individuals but peace for the "big guys"... the companies and corporations who run the government since most revenue comes from business interest. Don't ever be fooled by the "nice smile" of a government employee, behind those smiles are evil intentions, they are there to destroy your freedoms that come from God.

ugh... well Happy Birthday Michelle from your favorite neighbors, who again, have contacted the county in an effort to eliminate one (or all) of our agriculture structures. Last "red sticker" we received was in the middle of August. We put out a sign explaining our rights with the sticker attached...

We took down the signs and then suddenly the sticker appeared again... ha... it says "possible building without permit, please call to set up a time for us to come inspect..." or something to that effect) So... we've already spoken to the county and we've been cleared 4x... this is getting tiresome but you know you're doing something to make the devil mad when he keeps using people to come at you. We have one theory which is, our big gray building got a HUGE tear right in the top of it about a week ago. We've been trying to contact the company but they went out of business. (go figure).

 We bought the polytunnel from Menard's which said we must contact them by mail..ha... in order to see if they will honor the warranty. Sooo, in the mean time. I came up with what I thought was an ingenious idea, that that was to drape an inexpensive large tarp over it and tie it down to keep things dry in there. Good news: IT WORKED!! Bad news? It seems our temporary fix has awakened the beast in our neighbor to complain again... ( county is only coming out based on complaints)... guessing.. a yes, this is just an educated guess, that mr. tip toe to see into your back yard neighbor has made yet another phone call because well, that polytunnel is giving him a heart attack.

Thank you to all our WONDERFUL neighbors who don't even notice our ag buildings and if you do, you love them!!! smile emoticon We truly don't put up buildings on a whim to anger neighbors!! However, a wall of black bags filled with leaves might be in order....now that will be pretty! ha!

Agricultural Activities in Ohio can be Exempt from Local Zoning

Peggy Kirk Hall, Asst.  Professor, OSU Extension Agricultural & Resource Law Program

Spring brings an increase in agricultural land use activity and with it comes a surge of inquiries about Ohio’s agricultural zoning laws.  Here at OSU, we repeatedly hear a common question from agricultural landowners and local zoning officials:  can zoning regulate this agricultural situation?  That’s a question without a short and simple answer.   A review of Ohio Revised Code sections 303 and 519, which contain the “agricultural exemption” from county and township zoning authority, is the first step toward understanding whether a county or township can regulate an agricultural land use (note that different laws apply for cities and villages).   Here’s a summary of Ohio’s agricultural zoning laws:

Agriculture is exempt from rural zoning authority in many, but not all, situations.   While Ohio law grants counties and townships the authority to utilize zoning, the law limits how much authority these local governments have over agricultural land uses.  Generally, a county or township may not prohibit the use of any land for agricultural purposes in any unincorporated area, with a few exceptions that are noted below.  This exemption applies in any zoning district, whether residential, industrial, commercial, agricultural or otherwise.

An exempt activity must be in the definition “agriculture.”   Ohio agricultural zoning laws apply to “agriculture,” which the law defines to  include:  farming; ranching; algaculture; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber and pasturage.  “Agriculture” also includes activities involving the processing, drying, storage, and marketing of agricultural products if those activities are conducted in conjunction with but secondary to actual production of those products.

Agricultural buildings and structures can also be exempt from zoning authority.   If a building or structure is directly related to an agricultural activity on the same parcel of land, then Ohio zoning law does not allow a county or township to require a zoning certificate or prohibit the construction or use of the building.  For example, local zoning cannot require a zoning permit or prevent the construction of a barn being built for housing cattle or storing farm machinery that is used for farming on the same property.  Also, zoning may not regulate or prohibit any building or structure that is used primarily for vinting and selling wine that is located on land where grapes are grown.

Special rules for farm markets.  Ohio law also says that local zoning cannot prohibit the use of land for a farm market in any industrial, residential, commercial or agricultural zoning district if 50% or more of the market’s gross income is from produce raised on farms owned or managed by the farm market operator.   But where necessary to protect public health and safety, local zoning may regulate the size of the farm market building, parking area size, set back lines and access to the market.  This provision is commonly known as the “farm market 50% test.”

Special rules for on-farm energy production.  Several energy production activities are not subject to local zoning if they occur on land qualified for CAUV (Current Agricultural Use Valuation).  These activities include biodiesel, biomass energy, electric and heat energy production, as well as biologically derived methane gas production of less than five megawatts.

Some agricultural activities can be regulated by local zoning.  There are a few exceptions to the agricultural exemption.  Local zoning may regulate agriculture in the following situations if the parcel of land is five acres or less andis located in a platted subdivision containing 15 or more lots:

• On a lot that is one acre or smaller, zoning may prohibit or regulate all agricultural activities.
• On a lot between one and five acres, zoning may regulate set back lines, height and size of buildings used for agriculture and may prohibit or regulate dairying and animal/poultry husbandry if 35% or more of the lots in the platted subdivision are developed.

Unfortunately, a summary of the zoning statute doesn’t answer all questions about agriculture and zoning.  Look for our future articles for continued analysis of Ohio’s agricultural zoning laws.  For additional zoning information, also see our zoning library, here.