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

   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #21  
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

WOW!!!!! just dep and the conservation depts trying to justify their jobs a bit. i hate it when they do those things. i am a twnshp supervisor for a little twnshp in pa, and we went round and round with conservation and dep about the "proper" way to fix an issue of a creek jumping bank and flooding and washing out a dirt road just about every spring for the past couple years. "we" thought we had a 50ft right of way from the bridge that was close by to clean the creek approach and to allign water into the bridge. the problem was approx 50ft from a bridge. "we" didn't even dig in the creek, just piled clean #3 stone with top soil mix along the bend where the creek was jumping and created a dike, never touched the creek bed or dug anything. "our" project was done during a very dry time and seeded in fully vegitated. well conservation saw it later on, during the wet fall season and told "us" to get that dike out of there or fines will follow. dikes are illegal. so "we" tried to remove the dike during the wet fall time frame conservation gave "us" and what a mess made. there was more mud and land tear up trying to remove that dike then if it was just left in place. i finally had a meeting with conservation and told them their removal plan and timeframe is causing MORE environmental harm then if left alone. they did see it "our" way and gave a time extension through the next summer dry time. now dep/conservation's big plan is to raise the road up (sounds like a dike to me) and place 3 flood control pipes across the road and let the area naturally flood. it is poeples lawn and field on both sides of the road. what a joke. "can't construce a dike" or "do log/stone cribbing projects above 22" or so, but can raise the whole road up (only about 100ft from the creek away) and let the water "flow natrually", makes me want to kiss butterflies or something, ha ha ha!!! way to go dep and conservation, justify your jobs and waste tax payers money! i could see if "our" township hogged into the creek and tore it up and such, but "we" were so carefull and reseeded everything and all. it worked great too. cost only the stone/topsoil materials and hourly wage for the employees. now there is a MUCH bigger expence to do it "THEIR" way. i feel sorry for you and wish you luck. do some more investigating into this as alot of these townships are just elected citizens that are learning their job positions on the go. also take into consideration, clearing up 30 acres is a big area, and depending on where you are at,... they might look at that as a major project, sort of like commercial, and maybe that is where the erosion plan is comming in. i agree with a past post, don't get irate at first with them as sometimes you can catch more flys with honey then a swatter. it is too bad you can't just work with people now days, instead of all the complicated way things have become. after all, why should you have to pay to "plan" it out and those type of fees. township, dep, conservation already gets paid, let them do all that. you just pay for the supplies, which is expensive, but give and take. it is too bad everything costs so much money. no wonder people try to do everything underhanded now days. i bet if those e & s permits and plans didn't cost much, more people would do it dep/conservation's way. good luck!!!
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #22  
Get a lawyer. They are not as expensive as people think, and once the County gets a knock on the door from a lawyer - THINGS HAPPEN quickly.

I had an over zealous County hassle me. I contacted an attorney which showed them I meant business and they folded instantly.
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #23  
Id call Farm Bureau. When our governor at the time signed the new Immenent Domain law they fought it till it was over ruled. They also help with any agricultural activity you can think of.
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #24  
I suggest you contact your local state representative. There is a history of PA townships exceeding their very limited authority. He or she may be able to help you or, at least, point you in the right direction.

In your case, I suspect you have developers (or their lackeys) on the town board. If that's the case, there's a conflict of interest that must be addressed...and don't delay this.
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #25  
Be careful when you go the route of politics... I tried that with the zoning board and my pool issues... The First Selectman is technically the boss of the Zoning Officer. When I went there and mentioned that I was looking for some assistance, I was ignored. There was no way that the "boss" was going to overrule an "employee". Tread lightly in that area unless you know the politician is open to pulling their people in line.
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #26  
I was curious since my place is also in a town that has a "right to farm" law, and I found that Charlestown Township has something called a Agricultural Security Zone and also looked at this map which lists all the plats that are part of the ASZ. Is the 50 acres you are getting hassled about on the map?
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #27  
I was curious since my place is also in a town that has a "right to farm" law, and I found that Charlestown Township has something called a Agricultural Security Zone and also looked at this map which lists all the plats that are part of the ASZ. Is the 50 acres you are getting hassled about on the map?

JamesHW, excellent link to information! :thumbsup:

To the OP, it has been mentioned a few times already, call the Farm Bureau, they will know the answers. I am a FB member to get their insurance which has the best coverage and support that I have ever seen. While we do not farm we do have undeveloped land so having FB working on land issues is important. From painful experience I know that FB HAS been on my side, while Nationwide was a pain IN my backside.

Getting a lawyer can be cheap. Talking to one can be even cheaper. We have talked to many a lawyer about a few things over the years and have never been billed even though we asked. I would check out JamesHW link ASAP since it has some good information and if needed talk to FB and finally a lawyer.

The idea that you have to have a plan or a permit to clean up property and mow is absurd. Someone needs to be fired.

Later,
Dan
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #28  
The idea that you have to have a plan or a permit to clean up property and mow is absurd. Someone needs to be fired.
You're being kind .... I was thinking more along the lines of tar and feathers myself ....
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #29  
You're being kind .... I was thinking more along the lines of tar and feathers myself ....

You are absolutely correct. :thumbsup: I was being kind but also frugal. With the price of oil, tar has to be danged expensive these days, and while I have not checked out the price of feathers, I be they ain't cheap either. :laughing: But I do have plenty of cedar trees that are ready to be split into rails. :D

Regulations that the OP has run up against, as have so many others, represent an out of control government. If this is reality, then we falling into a time period that may require, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it痴 natural manure." Some guy named T. Jefferson said this a while back That statement has woken me up in the middle of the night, from a deep sleep, in a cold sweet. I scat you not.

Tis a scary statement but you can see it playing out around the world today.

Later,
Dan
 
   / Last farm in Township dealing with township ordinance preventing tillage, any ideas? #30  
When I lived in PA, I found a subscription to Lancaster Farming Newspaper very worthwhile. Informative articles directly related to this.

I have known people in both PA and NJ who finally gave up and said "okay....". Sold the place for development and moved somewhere more agricultural friendly. I hate to see that as much as anyone here but sometimes laughing all the way to the bank is better than fighting city hall.
 

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