Last farm in Township dealing with township ordinance preventing tillage, any ideas?

candersen10 · Jul 19, 2012

Hello,

My family has 180 acres in our township (Charlestown Township, Pennsylvania). We are the last working farm in the township. Recently, we purchased 30 acres adjoining our property (bringing our total to 180 from 150 previously). The land is heavily wooded/full of wild rose and other invasives. Accordingly, we started brush hogging it (just mowing, no grubbing) to get it set up so that we could plant forage turnips for winter grazing with our cattle. We also moved logs lying down on the ground into one large pile so that we can later chip it.

The township building inspector showed up and said we need a soil erosion and control permit to mow/do what we are doing. This would cost us thousands of dollars in engineering and legal fees at the minimum. Has anyone had similar experience? We can't farm if we can't even mow the land; we'd like to clear the rest of it, plow it, and then disk it so that we can get a good seedbed for our winter forage crop. What do we do? Any ideas?

Thanks so much.

- Charlie

tpulley · Jul 19, 2012

Don't just take their word on it. Read the code they state that defines what you can or cannot do with the property. If the verbiage is too complicated hire a lawyer to check it out and give you the laymans version. Depending on what the townships ulitmate goal is you may be able to petition the board and get a waiver too. So don;t get ugly if you don't have to.

milkman636 · Jul 19, 2012

Keep doing what you are doing. Soil erosion permits are for construction/building sites. If you are engaging in agricultural activities on an agiculturally zoned parcel what you are doing is none of his concern. If you are clearing or regrading the site for development purposes then it would become his business. He is likely overstepping his authority based on what he normally deals with in the area. He may need some education.

candersen10 · Jul 19, 2012

We asked the inspector what code we were violating and he cited the entire township ordinance. It doesn't really make sense although we're certainly not experts.

PA also has a right to farm act that states "(a) Every municipality shall encourage the continuity, development and viability of agricultural operations within its jurisdiction. Every municipality that defines or prohibits a public nuisance shall exclude from the definition of such nuisance any agricultural operation conducted in accordance with normal agricultural operations so long as the agricultural operation does not have a direct adverse effect on the public health and safety."

Does anyone have experience trying to get their local township to waive township ordinances in light of state right to farm acts? It seems crazy to me that our township is applying the same ordinance to us that they would apply to someone who is developing their land. Farming is inherently disruptive in certain ways - obviously we are going to disturb the soil etc. when we plow/disk. If you apply ordinance designed for someone who is developing their land to a farming operation, it becomes impossible to farm. We cannot apply for a soil erosion and control permit every time we plow a field or mow brush in preparation to plow a field.

milkman636 · Jul 19, 2012

You may want to make an appointment with the township supervisor to let him know what his inspector is doing. It also wouldn't hurt to go to a township meeting and voice your concerns to the township board. Get this in front of his employers and recorded in the public minutes and you may be surprised how the wind could shift in your favor.

milkman636 · Jul 19, 2012

In the mean time I would not stop doing what needed to be done.

lockhaven · Jul 20, 2012

this is a second hand information but may spark someones memory. A customer of mine has a small farm being a tool maker he does not farm it himself but leases the ground to a local dairy farmer. He wanted to reduce his mowing some and offered more land to the farmer. Farmer told him he could not till any ground not already being used for crops. This is in York county I do not know the township In Maryland on the other hand a local farmer just cleared an overgrown farm and has put it back into production, he kept it out of developers hands

smstonypoint · Jul 20, 2012

Penn State's Law School has an Ag. Law Resource and Reference Center (Penn State Law) that may have some useful information.

Is the farm in the Chesapeake Bay's watershed? I haven't kept up with the issue, but aren't there EPA-mandated restrictions on ag. activities in the watershed?

You may have to bite the bullet and pay a consultation fee to an attorney who specializes in land use issues.

Steve

coveredbridge · Jul 20, 2012

from Chapter 102, PA Code:

Source

The provisions of this ｧ 102.3 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; reserved December 30, 1999, effective January 1, 2000, 30 Pa.B. 111. Immediately preceding text appears at serial page (234603).

ｧ 102.4. Erosion and sediment control requirements.
(a) For agricultural plowing or tilling activities or for animal heavy use areas, the following erosion and sediment control requirements apply:

(1) The implementation and maintenance of erosion and sediment control BMPs are required to minimize the potential for accelerated erosion and sedimentation, including for those activities which disturb less than 5,000 square feet (464.5 square meters).

(2) Written E&S Plans are required for the following activities that disturb 5,000 square feet (464.5 square meters) or more of land:

(i) Agricultural plowing or tilling activities.

Whether clearing the brush would require an E&S plan may be debatable, but when you start tilling, you're definitely subject to the requirements. Personally, I think it's ridiculous, but EPA is coming down hard on DEP re: Chesapeake Bay, so DEP is getting more aggressive about enforcement through County Conservation Districts, which are in turn pressuring municipalities on this issue.