The Forestry Forum

General Forestry => Sawmills and Milling => Topic started by: xlogger on June 03, 2012, 07:49:48 AM

Title: out of business, back to work!
Post by: xlogger on June 03, 2012, 07:49:48 AM
My neighbor which lives threw the woods and could not see the mill turned me in to the county zoning for having a sawmill >:(. They sent me a letter putting a $500 per day fine on me if I ran it anymore. I can't even run it sawing my own logs to built my new fences and barn which I just went out and got here in the last few months. Not sure what I'm going to do now got to think about it for a few days but probably going to sell the mill. Just too much trouble having it somewhere else to saw the way I have to work (just a few hours now and then) and with my job taking it off site for jobs is just too much. Any zoning lawyers on here :-\? You guys can keep it in mind if you see anyone wanting a TK2000, like I said it could be for sale soon. Ricky
Title: Re: ran out of business
Post by: Magicman on June 03, 2012, 07:53:50 AM
Do they require you to have a business permit or what?
Title: Re: ran out of business
Post by: boatman on June 03, 2012, 07:54:24 AM
What is the ordinance?

Noise?

Commercial operations?

Title: Re: ran out of business
Post by: xlogger on June 03, 2012, 07:59:02 AM
They found proof on internet that I was selling lumber and no "sawmill" is allow in the zoning here.
Title: Re: ran out of business
Post by: customsawyer on June 03, 2012, 08:23:24 AM
I would check into what the ordinance says about farming. Your small mill might fall into that category if you are producing lumber from trees from your own property.   This is one of the reasons that I could not live in a place with a bunch of zoning.
Title: Re: ran out of business
Post by: sdunston on June 03, 2012, 08:28:10 AM
I know how you feel, As chairman of the local planning board I see the crap happen all the time, Mostly by some cityit that says "not in my backyard". Around here sawmills fall under Ag and farm law, And with the right to farm law its hard to shout anyone down, But our thinking it not the same as the rest of the country right now We want to welcome any new places for jobs weather it be saw mills or PIG FARMS............start that as a rumor I think he would rather have a Mill :D

Sam
Title: Re: ran out of business
Post by: lyle niemi on June 03, 2012, 08:30:23 AM
I would run the nieghbor through the mill!!
Title: Re: ran out of business
Post by: Kansas on June 03, 2012, 08:38:10 AM
I would fight  back. Try the farm direction. What is the difference between you advertising your lumber, and someone advertising hay? In both cases it was harvested and turned into a usable product. I would also invite out county commissioners, planning people, find economic development people in your county. Show them what  you do, why you do it, and the economic value you add to your area. Besides, been my experience a lot of people like to stand around and watch a mill run. Maybe one of those county commissioners might get the idea he would like to have a personal mill for his use. At this point, you can't really lose going this route.

And I agree with Lyle. Always remember to ask yourself... what would the Godfather do?
Title: Re: ran out of business
Post by: lyle niemi on June 03, 2012, 08:48:18 AM
The US and Canada are getting to many rules and regulations to please the city folk that move out in the country side!!!
Title: Re: ran out of business
Post by: xlogger on June 03, 2012, 08:52:51 AM
I do have my land classifed as farm use but sawmills are not allow for commercial use, right now I'd just wish that they would let me saw the logs I went out and got for free and some that I paid for. Then I would figure out what to do next. Ricky
Title: Re: ran out of business
Post by: Magicman on June 03, 2012, 08:54:30 AM
I understand your frustration  xlogger.  It would be impossible for me to wrap my mind around your situation.  I would have to see and read that ordnance for myself.  It sounds like an interpretation to me.
Title: Re: ran out of business
Post by: xlogger on June 03, 2012, 08:57:26 AM
yes this guy just moved in about 6 months ago and I have had the a sawmill here for over 3 years now, no other neighbors care but we don't live close to each other. He moved to the country for peace and quite! Get this he telling me that the noise was not that much for them but he was worried that I could harm my ears, can you believe that!
Title: Re: ran out of business
Post by: lyle niemi on June 03, 2012, 09:05:03 AM
I will ell you a little story about my nieghbor..
When I first got my quarter section, I wanted to redo the south fence line. My neighbors driveway runs pretty close to the property line, I decided to be nice and leave him about 22 feet of trees, ya know just to be nieghborly. So anyways I got the cat down there and started to clean the fence line, He come up to me and said I was making a big mess and I should just run the fence without takin down any tree. I didnt say nothing to him and just carried on with what I was doing, thought to myself, you SOB!!!
so anyway a few years later the gas company wanted to drill a well on my place and asked where they could put the access road to thier well.
I told them to take it right down the property line on the south side..lol They knocked down every EDITED! tree along his driveway!!! lol Ya see, Justice rides a slow mule...lol sorry for the RANT
Title: Re: ran out of business
Post by: paul case on June 03, 2012, 09:45:20 AM
That is taking things way too far.

Probaably you just need to look into things a bit more. I bet with your mill being there 3 years they cannot make you quit. The guy that protested will undoubtedly be buying lumber from you before long. PC
Title: Re: ran out of business
Post by: Jeff on June 03, 2012, 09:48:31 AM
Quote from: paul case on June 03, 2012, 09:45:20 AM
That is taking things way too far.

The post Paul is referring to was deleted and the poster warned. The Forestry Forum will not allow such posts.
Title: Re: ran out of business
Post by: SPD748 on June 03, 2012, 09:57:09 AM
This topic has me sweating bullets. Before starting my Frick project, I checked with the county building inspector's office to see if any permits would be necessary. I was told, "Agriculture buildings, pads, strucutures, sheds, etc... so long as they are exclusively for agriculture use are exempt from the permiting/inspection process." I live in a rural area of the county, in fact my neighbor has a 200 acre field where he grows corn. I checked the GIS website and found that his property is zoned for farming and mine residential however my property borders along his therefore it's within a "1/2 mile buffer." It looks like I'll be at the county zoning office tomorrow morning. Until then I'll be chewing off what little fingernails I have left.  :-[

-lee
Title: Re: ran out of business
Post by: Kansas on June 03, 2012, 10:00:47 AM
Sometimes reasoning can work. Had it work for me recently.

We had a job of timber. A small one, next to a much bigger job. I think the total paid was 800 for the cottonwood and other species, and 850 for the walnut. I called the neighbor as a courtesy call to tell them we would be in logging. He owns property on both sides of this place, although he only owns about 15 or so acres total. The logger went in and may or may not have strayed onto the neighbor. I truly believe the survey pins are way off base. He wanted paid for the logs he thought were on his place. I offered him more than what they were worth. He sent a letter saying he wanted 3000 dollars. I had ruined his deer hunting, blah blah blah. Wanting to get rid of this problem, I sent him a letter offering 1000. I also included in the letter that he ought to really try to get along in this county if he likes hunting. On one side is a guy that puts up my hay ground. On the other side is a guy that farms my farmground for me. As I pointed out, that is potential access to 1000's of acres of hunting. I even told him he could shoot a deer off my place, I didn't care. He called back. Said he decided my offer was fine.

The problem is, reasoning may no longer be an option for you. But if you can get a variance to keep your mill, you will need the neighbor's permission. Or it sure would help. Some times talking to someone can go a far ways. Might work. Might not. Look for an angle. Is there anything he is doing that might be against county code?
Title: Re: ran out of business
Post by: wdtik on June 03, 2012, 10:08:44 AM
There must be an avenue of relief--eg request a variance  ...
Know any lawyers?  Or find another mill site..Never quit..CBD
Title: Re: ran out of business
Post by: Delawhere Jack on June 03, 2012, 10:09:14 AM
Sell the mill and buy a Harley, take the baffles out. Make friends with 20 other open-pipe types and invite them over everynight. Have burn-out contests until the sunrise. Keep this up for about 6 months, then send the neighbor a note asking if he misses your mill yet.......
Title: Re: ran out of business
Post by: Raider Bill on June 03, 2012, 10:14:55 AM
Quote from: Delawhere Jack on June 03, 2012, 10:09:14 AM
Sell the mill and buy a Harley, take the baffles out. Make friends with 20 other open-pipe types and invite them over everynight. Have burn-out contests until the sunrise. Keep this up for about 6 months, then send the neighbor a note asking if he misses your mill yet.......

I like the way you think!
Title: Re: ran out of business
Post by: Peter Drouin on June 03, 2012, 11:58:09 AM
I like the pig farm thing like 40 or so right on the line :D :D :D :D :D :D :D :D :D :D :D :D 8) 8)
Title: Re: ran out of business
Post by: Indiana Robinson on June 03, 2012, 12:18:08 PM
Most of these planning and zoning laws are subject to appeal as part of the normal process. Don't make enemies or burn bridges. By the same token don't just cave in at the first stump. There are several factors I have divined out of serious discussions over many years.
#1. In many cases it is easier to ask forgiveness than to get permission. (that is where you are at now).
#2. In the majority of these small operation cases little is ever said unless there is a compliant or the "improper use" is blatant.
#3. once in a great while you will find a board infested with "little Hitlers"... Either work to change the board make-up or move away... This problem is usually quite rare. Sometimes one or two but rarely a whole board.
#4. Know that some of these "rules" (not really passed laws) are not actually enforceable at the court level (but be prepared for a long battle).

Things are "usually pretty reasonable here in Central Indiana. In our County as long as you keep your place cleaned up and are not trying to do something on a tiny lot that is a big and open business or draws big crowds of people they are quite tolerant of "hobby business". One guy in the next county got his pallet rebuilding business shut down but he was in the edge of a tiny town with very close neighbors. Even then he was OK until business picked up and he started working outside and up until midnight running bis saws and air nailers (I would have complained myself). If he had been working indoors with the building closed up I doubt they would have complained.

I have a good neighbor who has a fairly large business operating as a hobby business. His is all indoors and the only signs of it being a business is the UPS truck stopping there twice a day and the mail carrier dropping off a stack of boxes most days.

There was a guy that came here several years ago during the peak of the scrap booking craze. He rebuilt an old dairy barn and put in bedrooms and bathrooms (no permits). He was holding seminars (scrapbooking gatherings) and had mostly women coming in from all over the US to attend the sessions and spend a few nights with fellow hobbiest. They knew he was there and what he was doing but left him alone until suddenly there were a large number of complaints that he was taking money but not following through on the services, like women flying in and being stuck in some crappy motel room miles away instead the promised weekend. After the complaints picked up they used the zoning laws to drive him out. Huge fines for the failure to get permits and any other law they could find to use against him. Had he just operated on the level they would have ignored him since his operation was not bothering anybody else.

Low key and cleanliness is your friend.  :)
When non farm folks started moving in around me I made a definite point to meet them and make friends with each of them before their houses went up. We are all good friends yet today. Your "friends" seldom turn you in.  :)

.
Title: Re: ran out of business
Post by: just_sawing on June 03, 2012, 12:45:44 PM
I solved a problem with my neighboros that kept getting more obnoxious. I let it be know that I really loved hogs and was going to start raising them if I had any more problems. Since my property borders the up hill side of theirs they figured what it would mean to live on the down side of a hog farm. Their is no drainage on them so they have no recouse with the footage that I have. I have better neighboros now.
Title: Re: ran out of business
Post by: ladylake on June 03, 2012, 01:55:38 PM

The Harly sounds good, I know my lawn mower would get real load and I'd be mowing often with some nice Peltor muffs.   Steve
Title: Re: ran out of business
Post by: Dave VH on June 03, 2012, 04:47:58 PM
Man I have some tatle-tale pain in the you know where neighbors also.  I have tried hard to make friends, I don't think that they would know what to do with friends if they found anybody to tolerate them long enough to be a friend.  I did the next best thing, made friends with the sheriff.  My neighbor will make up things to call the sheriff about me.  They sheriff will call me, we will have a laugh about it, and it's all good.

You should be able to sit down with a lawyer and at least get a free consultation.  Good luck, I feel for ya man.
Title: Re: ran out of business
Post by: Indiana Robinson on June 03, 2012, 05:03:13 PM
Quote from: Dave VH on June 03, 2012, 04:47:58 PM
Man I have some tatle-tale pain in the you know where neighbors also.  I have tried hard to make friends, I don't think that they would know what to do with friends if they found anybody to tolerate them long enough to be a friend.  I did the next best thing, made friends with the sheriff.  My neighbor will make up things to call the sheriff about me.  They sheriff will call me, we will have a laugh about it, and it's all good.

You should be able to sit down with a lawyer and at least get a free consultation.  Good luck, I feel for ya man.



Yes, there will be those that you just can't deal with no matter how hard you try. Not the majority but too many of them.  :(
I had a guy next to our mini-farm in the next county that I had tried to befriend but no matter what I tried he was mostly interested in trying to take over my property. He was warned several times over the years and mouthed off to our renter there that he knew that he was not supposed to be doing what he was doing but that he was going to keep doing it until "they" made him stop. My problem was catching him at it then this year we got lucky. We had been working with the chief deputy for a while and when we had a tight charge lined up with witnesses "they" went in and instead of serving him the papers we expected "they" called him out of his house, cuffed him in front of all of his neighbors and shoved him in the back of the patrol car.  :) :) :) :) :)
He plead not guilty but later made a plea deal. It has been "VERY" quiet there for a while now.  ;D ;D ;D ;D


.
Title: Re: ran out of business
Post by: moandrich on June 03, 2012, 05:12:30 PM
I remember someone telling me if you do something without a permit and use it for 3 years they can't tell you to take it down.  I have also seen cases in this area where they have been collecting taxes for a number of years then try to tell you "you can't do that" but it doesn't work.  We have a lot of city folk that have moved out our way, I frankly don't like the changes they are always trying to make.  Why did you move out here if you don't like it?  They want to govern there neighbors land and change everything in the school system for there kid.  Don't give up!
Title: Re: ran out of business
Post by: Mooseherder on June 03, 2012, 05:18:06 PM
Man I hope you can talk some sense into whoever is the over seer.
It is a real shame to hear about this. 
Title: Re: ran out of business
Post by: SwampDonkey on June 03, 2012, 06:46:20 PM
I can't imagine a portable saw mill being that terrible next door. It's not like your running it 24/7 on shift work. Maybe they should live next door to a stud mill running around the clock to get tuned into reality. ;D
Title: Re: ran out of business
Post by: Jeff on June 03, 2012, 07:07:09 PM
The shame if it is, a portable sawmill isn't any more annoying to listen to than a leaf blower or a weed whacker.
Title: Re: ran out of business
Post by: scsmith42 on June 03, 2012, 09:27:31 PM
As I understand the situation, the problem with the county is not that you are running a sawmill, the problem is that you are operating a business in a location that is not zoned for it.

If I were you, I would make a trade with another local miller, to have him to come in an mill your logs for you.  In exchange, take your mill to his site (or customers site) and mill their logs.

Let the county know that you have ceased operation of your on-premise business, but will hire a local sawyer to come in an saw up some of your timber for on-farm use.  You will be able to show them the receipt from the other sawyer, which proves that you did not do the work.

There are not any restrictions that I'm aware of in Durham County to prevent you from doing this.

Another option is to contact your local county commissioner to see if they can assist you with finding a solution.
Title: Re: ran out of business
Post by: rockman on June 03, 2012, 09:32:38 PM
Ricky, I'm no expert but that sounds like a load of B.S. to me. If it was me, I would consult an attorney, I know of a couple sawmills around your area(one on Red Mtn. rd.), what about someone with a woodshop at thier home who sells what they make? I think once you educate yourself about how thier zoning works, and start pushing back, thier attitude might change. Send an email to your state representitive(election year) get ahold of anyone who will listen, keep us posted, I for one am very interested in this.

Kevin
Title: Re: ran out of business
Post by: mikeb1079 on June 03, 2012, 09:50:04 PM
many good ideas here but ill throw one more in:  before you do anything drastic like selling your mill what about converting your motor to electric and building an indoor shed.  then, how would they even know your milling?
Title: Re: ran out of business
Post by: Robert Duval on June 03, 2012, 10:22:07 PM
Sorry to hear about this Xlogger. We went through something simmilar when we started our business this summer. We have one neighbor that fought us every step of the way. We had to have the planning board come out to our property and actualy see what we are doing. One thing that plays a big part is the size of the mill in question, ours is labeled as a hobby mill so that helped us huge. This is when you have to take a deep breath and slow down because as much as they don't seem like they are on your side the town is not your enemy. Take some time and talk to all your other neighbors that are ok with what you are doing. Ask them to call or send a letter to the town on your behalf this will be a big positive in your favor. The one thing I remember the town telling me was one neighbor can't stop you and that rang true in our case. It is a major pain to have to do this but when you get the ruling from the town that you are good to go believe me it will all be worth it.
Title: Re: ran out of business
Post by: archangel_cpj on June 03, 2012, 11:52:19 PM
i was a zoning inspector for ten yrs in an ohio twp. In ohio all base zoning is ag then u can add res or com to that it doesnt matter if ur in a 1acre lot or 1000. Now as long as 51 percent of the building or mill is ag the whole op is. Also it would then fall to the govt to prove u are not ag. Id get an attorney and challenge it. Whiny neighbors used to irk me we had a regular fued on one rd i was gettin 3 or more frivilouse calls a day from these 2 folks it got to thdd point the fire dept got a burning complaint if one of em lit the grill. Well id had it so i went down the rd and issued 30 or so violations to every address on the rd and in the letter thanked the 2 guys by name and address for showing me how bad the rd was. Mailed them out and 2 days later they were at my office begging me to get rid of the violations and promising theyd play nice. Never had a complaint on that rd again. Always wondered what the other addresses said to them
Title: Re: ran out of business
Post by: customdave on June 04, 2012, 01:26:03 AM
When I started reading this my first two thoughts were- check wind direction
                                                                               - FIRE !  ;)
   just thinkin ?  Keep your chin up every dog has its day....



          Dave
Title: Re: ran out of business
Post by: xlogger on June 04, 2012, 05:01:09 AM
Well I was thinking like Jack said if this thing goes bad for me. I've not had a Harley for 25 years now but have been thinking about it again. On the hogs that was the only thing they told me when we where planning on buying the property that we could not have. This guy will not reason, I'm old school and when this is all over I'm planning on being the biggest pain in the *** that he ever meet. He will want to move back into his gated community that he came from.
But for now I'm going to make some phone calls and see what I can do. thanks all for the suggestions. Ricky
Title: Re: ran out of business
Post by: kelLOGg on June 04, 2012, 05:09:50 AM
Ricky, Sorry this happened but selling the mill is premature, IMO. You've gotten some creative replies which are hopeful. Wish I knew someone to refer you to but I am actually in another county (Chatham) - I only have a Durham address.
Bob
Title: Re: ran out of business
Post by: WDH on June 04, 2012, 07:08:45 AM
I would make the case that timber is a crop, just like corn or vegetables.  You have a right to grow it.  You should have a right to harvest it, just like corn.  You also sell farm products like corn, just like you sell rough lumber.  Since it is rough lumber produced at your property, make the case that this rough lumber is a farm commodity and falls within the purview of a legitimate farming practice.  The farm angle is the way to go, because timber is a crop.
Title: Re: ran out of business
Post by: Norm on June 04, 2012, 07:46:38 AM
WDH is right in his thinking, I'm covered under my ag zoning.
Title: Re: ran out of business
Post by: thecfarm on June 04, 2012, 07:58:41 AM
Just like was said I would get the board members out to your place. Have the sound demicals done if needed. Yes it will cost some,but may need it to prove it's not louder than a chainsaw,lawn mower.
Title: Re: ran out of business
Post by: Jim_Rogers on June 04, 2012, 08:07:26 AM
About the noise issue. We have an ordinance in our town that says no noise can leave the property line from within.

During several town hall meeting I went to for another company in town, his specialist said that can't be enforced without a decibel level written into the law itself.

For example if you walk outside with a meter you're going to get a reading somewhere around 40 t0 45 decibels automatically. That's the natural sound level.

If your machine make a higher level then what the law says then they can fine you. But if there is no level written in the law they will lose in court.

I feel your pain, and I hope you find a solution.

Jim Rogers

PS I'm lucky, my mill is on industrial zoned land and sawmilling is allowed. Plus it's portable.
Title: Re: ran out of business
Post by: POSTON WIDEHEAD on June 04, 2012, 08:10:26 AM
I wasn't going to jump in on this because I'm on vacation in SABASTIAN, FLORIDA right now. But I can't just stand by and read this.

I just experienced a problem VERY similar to your's XLOGGER. I am in the process of researching DURHAM COUNTY regulations where you live.

Just because you got a warning by letter, phone call, in person, etc., do not abandone ship. Reguest a copy of Bahama and/ or Durham County regulations. Read it and see if your set up fits anything in the rules.

You may me too close to a property line, etc. (This is just an example).  But my suggestion is get the rules and read the rules. I don't think they can stop you from building a barn or house with a sawmill. There is NO difference in a sawmill and a Skill saw. They both are used to saw 2x4s. 

I'm thinking there is a solution. Meet with someone from Durham County. Invite them to your place and show them what you are doing. But before the meeting......know the rules or at least have a copy of them in your hand. Some of these people just like to show their authority and don't really know the rules themselves.

In the mean time I am gonna keep researching your county rules and see what I can find.

I gotta do some thing on vacation.  :D

Title: Re: ran out of business
Post by: Magicman on June 04, 2012, 08:11:39 AM
The main elected official that you need in your corner is the one from your district/ward/etc.  The one that you vote for.
Title: Re: ran out of business
Post by: Indiana Robinson on June 04, 2012, 09:18:02 AM
I just wanted to add... The DNR / state forestry service etc. may very well be your friend. I would bet that they are acquainted with this problem from other locations. Your local conservation officer may be a good source of who to contact.
Good luck.


.
Title: Re: ran out of business
Post by: Cypressstump on June 04, 2012, 09:53:03 AM
Sorry to hear of your issues Bud !  These guys have given great advice, hopefully you can find an outlet in which to keep your mill running and the nosey neighbor in check. Someone mentioned hogs,,, funny but in most rural locations hogs are allowed whereas other livestock isn't. Beings your mill is a portable mill, versus a commercial type large scale business, that may be something to have them consider.

He's my neighbor story I had posted elsewhere a while back, long read, but sometimes problem neighbors can be made to work with ya.


I lived in New Mexico for a spell. Nice place .One of the places I lived at in Abq. New Mexico, Was 5 acre tract that was long and narrow. In the back I had a hay barn and horse stalls. Plenty chickens, ducks, etc...on an old apple/cherry orchard. My house was up front on the property, and my adjacent neighbor's home was 1000 feet back in the rear of the property with his house approx. 20 feet off the fence line. Up near the middle of the place ,I had simply rebuilt an pre-existing small outbuilding, got it back up to usable standards. The adjoining neighbor raised cane about me 'building' the outbuilding, of which my reply was it was already there and I merely fixed it back up .Neighbor said I was too close to the existing property line. And he did not have a thing nearby on his property,, just being a pain in the butt, because my property used to be his grandparents, and it got bought by an 'outsider'... their payback was to be mean I guess...His grandfather had built the durn thing in the first place. anyway, he got the building inspector out, code enforcement out, tried to cause trouble due to my horses and animals.... this was still a rural area, and farm animals were allowed per local codes. I was always in compliance.. This went on for 3 months about the outbuilding. Old grumpy neighbor had just caused another scene one day, when one of my buddy's pulled up in his truck with about 40 head of hog in the gooseneck, just coming back from auction. His truck was puking oil from a busted gasket. He needed to leave the hogs at my place for a while,,, no issue,, my place was well fenced and plenty place to free range the hogs. So we turned them loose in the back and let em' enjoy.. My grumpy neighbor came outside when I was back at the pole barn getting some hay. He came to the fence and shockingly politely asked about the hogs .I told him the truth in saying that they had just been delivered... LOL ! As expected I touched another nerve, he went off like a gun,,,next day back came the code enforcement about livestock... again, I was in compliance since hogs were allowed... The code guy had sorta sided with me, saying this guy was always complaining about somebody somewhere all the time... Later,,I thought very short and not too hard,,over a cold cervasa,,,, grabbed up a few survey stakes I had,,, tied me some red flaggen to them, me, beer, hammer and stakes walked back to the back property right across the fence from his house,, with them outside. I took tape measure, and laid out 20 feet from the fence, using the side of his house as an alignment, I drove the first stake into the ground. I then left and went into the pole barn,, sure enough, the whole group came out and was looking over the fence at that stake. I got busy doing other stuff,, and 2-3 hours later,,, I walked back there,,, using the other end of his house this time, I drove another stake in the ground, again 20 feet from the fence, and approx. 60 feet down the line from the 1st stake in the ground... and went back up to the front and watched once more. Just like bats after dark,,, here come the neighbors to the fence again. Late that afternoon I went back and drove the two last stakes, taking my time and seeing them peek outta the curtains watching me.. I ended up with 4 stakes in a 60 x 60 area. I then laid in wait. Took every bit of till the next day, and my neighbor kindly called out to me when I got close enough to see/hear him. I walked on over, said howya doing, etc... all was very pleasant. He asked of the stakes, as to what I was fixin' to build now.... I say thinking about build a holding pen for all them hogs running around .Was thinking possibly about raising some hogs back here... He bought fainted..turned red as a fire plug, but surprisingly kept his cool. He asked why there, why not somewhere else on my land... I then told him that ever since I had moved there, he and his family had been rude to me, tried to cause problems with code enforcements, abusive to my animals and just plain disrespectful to me all the way around. Because of that I could care less of what they thought or felt in my decisions as to how and what I would do with my land. The guy practically begged me to move my 'Hog Pen' (stakes) to the other side of my property or further down by someone else's house... My reply was why would you want me to treat the other neighbors bad, the ones that like me and are willing to get along with me, and share in helping each other out ? ? He was basically caught in the middle and had little to nothing to reply back,,, as He realized he was now wishing ill things towards his long time neighbors...and they would probably hear about it too... dang the luck ! I left the stakes up another day or so. Then went back and pulled them up. The guy and his wife came out to see what was going on again. We talked a bit, nicely,,, I then said I had second thoughts, and was not going to raise hogs, matter of fact was going to have them hogs picked up in a day or so. It was nearly a year of me living there, all the time dealing with a sour neighbor, them plotting against me on almost everything I did to the property. And in 4 days, it was over. Hatchet was buried, fences were 'mended', skies turned blue....Hogs and a leaky broke down old ford truck cured an over the fence relationship that otherwise may have never been given the chance. And believe it or not, we later became fairly close, We helped each other out with field chores and such. Later that same year I took one of his nephew's Mule Deer hunting with me and got him on a 32" wide 5x6 buck,,, bigger than I had,,, ratz...He later found out over a couple beers that I had played him like a fiddle,, a well worn fiddle at that. He challenged my truthfulness with him during the squabble,,, of which I explained to him that I never lied to him, only he believed what he let himself believe, but I did say the stakes in the ground was a dirty trick, of which he happily agreed with me on. He thought it was funny as all git out, my way of persuading him to become a better neighbor.
Title: Re: ran out of business
Post by: barbender on June 04, 2012, 10:57:09 AM
Great story, Cypresstump ;)
Title: Re: ran out of business
Post by: barbender on June 04, 2012, 11:00:04 AM
Xlogger, wouldn't it take care of the problem if you simply quit selling lumber and only used the mill for.personal use?
Title: Re: ran out of business
Post by: Dave_ on June 04, 2012, 11:29:08 AM
This story is not just an assault on freedom but an assault on jobs!  In this economy, it's nuts to shut down anybody who is trying to make some coin. 

We had a similar problem just recently.  We wanted to open an antique/gift store.  We live on a piece of property that is zoned Rural Commercial.  I checked with Planning and the zoning specs included exactly what we had in mind.  Great news!  Next, the planner said, "Now you need to talk to the building dept."  I asked why and was told that there had been some new code changes.  We are planning to use an old shop building but the new code changes would require me to bring my old building up to current commercial code including complete ADA bathroom, wiring, structural, etc. etc.

Our original plans have obviously been altered.  We now do Garage sale type Antique sales in the building.  Our first sale went great. 

Moral of the story...don't throw in the towel yet.  Work every angle you can to keep your dream alive.  Don't let them win.  Fight for your freedom!!!
Title: Re: ran out of business
Post by: Ga Mtn Man on June 04, 2012, 02:36:22 PM
Ricky,

I can't add anything in the way of advise but wanted to add my support to your situation.  Hang in there and don't let 'em beat you.
Title: Re: ran out of business
Post by: opticsguy on June 04, 2012, 02:49:32 PM
First step, be nice and smile to everyone.  Communication is most important at this point.

Now you need to know:
What is the definition of a sawmill?
What is their definition of a sawmill?
If you have a standard 14" shop sized band saw on castors and cut wood for personal or business use, outside your workshop, would it be illegal? 
Upsize that to a 20" shop bandsaw on wheels, is this a saw mill?
Upsize again to 28" bandsaw again on wheels, is this a saw mill? 

Then it comes down to size, what makes a REAL saw mill?   Are stationary saw mills REAL and portable band mills are not?  Are we talking band mills, not saw mills?
So you will need to find out what 'they" define as a saw mill and what is recognized in the legal /court system as a saw mill.

One more thing to keep in mind.  A No Tresspassing Sign legally keeps anyone off your property including goverment agents without a court order/warrant. A legal counselor can help you on this. Spending a few bucks on leagl advise will be cheaper than the loss of seeling your saw.

One other item to try, is to invite your neighbor over for a BBQ and show off your little bandsaw and some wood you have a cut and give him a nice one with curly grain and nice color, communication and friendship is always the be step.
Title: Re: ran out of business
Post by: Jim_Rogers on June 04, 2012, 03:27:32 PM
Back in 95 shortly after I got my sawmill, I did some work for a fellow in the next town over.

He would buy 100 cords of firewood and have it delivered "tree length".

He would then cut it up and split it to sell firewood.

This was a back yard operation in a residential zone. But he had been doing it for many years. I don't know myself if he started it before zoning was adopted in his town or not.

So the story goes that he would "hire" outside portable sawmills, like me, to come to his property and saw "nice logs" that he pulled out of the firewood loads into boards to create hardwood flooring.

He build a "kiln" room in his barn and heated up the wood to dry it. And then send it out to be planned and tongue and grooved to make a finished product that he stored in another section of his barn. And sold this also.

He decided he didn't want to "hire" other sawmills any more and went out and bought his own sawmill. And he applied to the town for a building permit to put up another barn to store lumber in and have one gable end be a roof over his sawmill.

Well they said he was expanding a "non conforming use" in a "residential zone" and wouldn't allow it.

He took the town to court.

He got a lawyer and this guy did all kinds of research about what the agricultural laws were in the town, county, and state. To try and say he was agricultural and he didn't really need a building permit to operate.

He lost this case.

He took it to a higher court and lost again.

It seems that there was a "term" that was "lumbering" which was allowed under the agricultural scope. But that term "lumbering" was never defined in the law or law books. So it was up to the judge to decide what "lumbering" meant.

The judge ruled that he could continue to process firewood, as he may have been "grand fathered" in that respect. But he couldn't expand to include sawmilling on site.

After he lost, he pushed the state wide wood producers association to lobby the legislature to define "lumbering". Which did happen but it took years to get it done.

He sold his mill, that was being stored and operating in another town, further away from me. And when back to hiring outside portable mills to saw his wood, out of town, namely me, here at my site.

My point to this whole story is as others have stated, understand the laws. What is there and what isn't there. And try and show how you are complying with them, if you are.

Jim Rogers 
Title: Re: ran out of business
Post by: xlogger on June 04, 2012, 10:07:43 PM
Thanks all for all the advice. I'm not going to sell the mill for now till I try several things suggested on here first. As of now all I'm going to try to do is to keep the mill here to saw what lumber I need or want around my farm. I've got probably 4 th bd ft of pine I need to saw and maybe 100 cedars for posts and a few white oak logs for boards to replace my front fence that is wood. I'm going to fight it because of now I've lost anyways if I don't. I'm talking to find out who is more up to date with the local laws first. It's not like I run the mill alot I've only put 100 hours on it since I traded my other mill back last year in Dec. and now we are busy at work and it would get ran less. I just put in a 13 hour day at work and not thinking about looking at the mill this week.
Title: Re: ran out of business
Post by: Magicman on June 04, 2012, 10:10:39 PM
Good spirit.   smiley_thumbsup
Title: Re: ran out of business
Post by: Chuck White on June 05, 2012, 05:26:44 AM
It looks like you're set up "stationary".

If so, and it's a noise issue, you might think about going electric!

Just a thought.
Title: Re: ran out of business
Post by: xlogger on June 05, 2012, 09:29:09 PM
I don't have 3 phase out there or close and I do want to be able to move the mill for portable jobs one day.
Title: Re: ran out of business
Post by: tractormanNwv on June 05, 2012, 10:31:21 PM
I don't know what HP your mill is, but if push comes to a shove....maybe you should think about buying a "phase converter" and putting a 15-25 HP electric motor on it, either way don't give up yet, theres more ways than one to kill a cat than just the broad side of a board...

Jim
Title: Re: ran out of business
Post by: Dave VH on June 05, 2012, 10:44:48 PM
can you set up a portable business from a p.o. box with your mill, and just hire yourself.  what's the difference to hire yourself, or someone else to come saw?  It is legal everywhere to have an outside company com in and do work on your property.  You could hire a bulldozer to reshape your fenceline, what's the difference?  As long as you occasionally mill offsite also, then you can't be accused of being in a fixed location.

just a thought
Title: Re: ran out of business
Post by: xlogger on June 06, 2012, 05:07:23 AM
I started yesterday making some phone calls for some more legal advise, waiting on return calls now. They are making so much more over this thing than it really is. ricky
Title: Re: ran out of business
Post by: woodyone.john on June 06, 2012, 05:35:11 AM
in a similar vein to many others, my dad flew bombers in the raf over germany. the citation on his halifax was  nil illegitimus carborundumii, his version of dont let the barstads grind you down. he came home after the war and thats how i got born. keep on keeping on sport! cheers john
Title: Re: ran out of business
Post by: xlogger on June 23, 2012, 07:16:16 AM
I finally got an email from the county after I worried them alot about being unfair. They told me if I only saw for myself here and did not advertise I could use the mill here on my farm. Do you think I should move the mill within 100 ft of his house, my land gets that close if I'd like to do it? :D
Title: Re: ran out of business
Post by: Magicman on June 23, 2012, 07:49:01 AM
That county response sounds reasonable under the circumstances.  It's certainly better than the alternative.
Title: Re: ran out of business
Post by: clww on June 23, 2012, 08:50:39 AM
I'd make a copy of the reply they sent to show your neighbor the next time he creates a ruckus. As for the mill, I'd leave it where it sits.
Title: Re: ran out of business
Post by: rmack on June 23, 2012, 09:00:30 AM
Quote from: xlogger on June 23, 2012, 07:16:16 AM
I finally got an email from the county after I worried them alot about being unfair. They told me if I only saw for myself here and did not advertise I could use the mill here on my farm. Do you think I should move the mill within 100 ft of his house, my land gets that close if I'd like to do it? :D

I don't think it's ever a good idea to be seen as escalating the confrontation.

Surely, there is a temptation to rub the neighbours nose in it, but you may regret that at some point.

Title: Re: ran out of business
Post by: Mooseherder on June 23, 2012, 04:39:53 PM
Surely he crossed the line of messing with a man's way of making a living.
If he moved against you're right to take care of you're family again he would need some verbal counseling. ;D
I'm glad you got some reprieve.  What did you say to them?
It may be helpful for the next guy.
Title: Re: ran out of business
Post by: xlogger on June 23, 2012, 08:47:27 PM
I had a man from the soil and water division come out that knows about sawmills just to see how little I was. He agree with me and help me, most of what I did was just to keep calling and invite anyone to come out and look. Now as of today I got another letter from the environment air quatily people that he call them last week because I burnt a brush pile on the back of my property about the size of a small truck (with a burning permit). This guy is really trying me. Now I have to call them next week.
Title: Re: ran out of business
Post by: WH_Conley on June 24, 2012, 12:11:59 AM
You didn't burn brush to dispose of it. You cooked a hot dog on it.
Title: Re: ran out of business
Post by: ladylake on June 24, 2012, 06:25:52 AM
 
  I'd put the mill back where you had it in the first place, no need to be nice to your nieghbor after what he's done.    Steve
Title: Re: ran out of business
Post by: xlogger on June 24, 2012, 06:37:18 AM
Howey Steve, yes the mill is going back to where I started maybe even closer to his house. I was in compliance with the air people as far as I can tell by looking at the rules on burning. The guy that sold the house to him called and said he's worried him alot since he sold him the house and he thinks the man is a little off. Just my luck getting him move in near me. Ricky
Title: Re: out of business, back to work!
Post by: thecfarm on June 24, 2012, 08:27:39 AM
That is some great news.  ;D  I have a feeling every time you do something he will be on the phone. Some people are like that. They just like to complain and try to show how smart they are.  ::)
Title: Re: out of business, back to work!
Post by: MrPete on June 24, 2012, 09:52:47 AM
Just keep on doing what your doing and make sure the government entities know what you are doing.  Every time your neighbor complains it will just be another feather in your hat and the local authorities will start watching him instead of you.
Title: Re: out of business, back to work!
Post by: rmack on June 24, 2012, 10:49:53 AM
 "Howey, Steve, yes the mill is going back to where I started maybe even closer to his house."

So, you decided to do your neighbour a favor after all...

And , someday, when the sheriff asks why you moved the mill closer to the neighbours house, other than to provoke a confrontation..... what will you say?

I have a neighbour who has been trying to run me off my property since the day I moved in.... claims the property was "promised" to him.

"Smooth moves" include backfilling the flood plain on his side of the creek, forcing it over into my side.... lighting numerous brush fires that have done a lot of damage on my property, and doing everything he can to have various levels of government shut down my efforts at developing my land.

This has been going on for close to 4 years.

Trust me, you don't want to be part of the problem.

Moving the mill closer to his house will cost you credibility that will probably end up being a very valuable asset at some point.

You may think it's over and you have won...  I wouldn't count on it.
Title: Re: out of business, back to work!
Post by: SPD748 on June 24, 2012, 11:30:36 AM
I agree with previous posts... Don't make yourself a target. By all means, keep on trying to earn a living but do just that, earn a living. Don't add to or irritate the suituation. As a law enforcement officer I can tell you that many times, the complainant makes themselves the problem by continually pointing out what they perceive to be the "transgressions" of others. I'm not saying you have to be overly nice or even make any attempt to accommodate your neighbor. The best policy is avoidance. Don't put yourself into a situation where  he could allege that you've committed some criminal act against him. If he approaches you, call the police. I say again, do not confront him. This very situation has led to many an arrest based on the accusations of others. I can not tell you how many times I've seen this.   

In the end, run your mill. Be safe and have fun. Enjoy the success of your business.

-lee
Title: Re: out of business, back to work!
Post by: levans on June 24, 2012, 12:04:15 PM
maybe you could have the government entities send him a letter to the effect that in their eyes the situation has been resolved, any more complaints will simply be a waste of his and their time. 
Title: Re: out of business, back to work!
Post by: rockman on June 24, 2012, 01:10:55 PM
Quote from: levans on June 24, 2012, 12:04:15 PM
maybe you could have the government entities send him a letter to the effect that in their eyes the situation has been resolved, any more complaints will simply be a waste of his and their time.

I'm no lawyer, but, this post made me wonder at what point does this guys complaints become Harassment?

Kevin
Title: Re: out of business, back to work!
Post by: Ironwood on July 18, 2012, 04:26:39 PM
Oh the joy of dealing with others, I am navigating an issue here at my place and I must say it may have been "good timing" as it prompted me to look again at my codes in our township and they were planning to "propose" a change nearly ALL ag land to a lesser (more restrictive class called "Rural Residential") I had not been aware of this nor any of my Ag zoned friends, so off I go organizing and potentially leading a fight to keep our Ag Zoning. Mine 18 acres, and my nieghbors 32 acres were to drop two classes to Suburban Residential, which would be the same as several bedroom communities (ticky tacky little lots etc)  ::) DUH, hello???? So off to an appointment with the Chairman of the Board of Trustees next Tuesday. I have begun to make ALL currently zoned Ag folks aware they are about to have their property tights eroded. Already have the posters and design for the brochure at the county fair next month and the local farm store. HAZARD "Hempfield Agriculturally Zoned Against ReDistricting" hopefully they can realize they are doing something very unpopular. This will be interesting, may have to run for office. We are a very mixed community of developments and farms. 

Ironwood   
Title: Re: out of business, back to work!
Post by: Ironwood on July 18, 2012, 04:32:31 PM
I could tell the story of my issue with a nieghbor, but will save that for a later date when all that has blown over. The internet can bite'cha". He has turned me in to every entity possible and has blown his whole wad on the first salvo, NOW where his rights end,...mine begin......

Ironwood
Title: Re: out of business, back to work!
Post by: Delawhere Jack on July 18, 2012, 04:40:15 PM
Quote from: Ironwood on July 18, 2012, 04:26:39 PM
Oh the joy of dealing with others, I am navigating an issue here at my place and I must say it may have been "good timing" as it prompted me to look again at my codes in our township and they were planning to "propose" a change nearly ALL ag land to a lesser (more restrictive class called "Rural Residential") I had not been aware of this nor any of my Ag zoned friends, so off I go organizing and potentially leading a fight to keep our Ag Zoning. Mine 18 acres, and my nieghbors 32 acres were to drop two classes to Suburban Residential, which would be the same as several bedroom communities (ticky tacky little lots etc)  ::) DUH, hello???? So off to an appointment with the Chairman of the Board of Trustees next Tuesday. I have begun to make ALL currently zoned Ag folks aware they are about to have their property tights eroded. Already have the posters and design for the brochure at the county fair next month and the local farm store. HAZARD "Hempfield Agriculturally Zoned Against ReDistricting" hopefully they can realize they are doing something very unpopular. This will be interesting, may have to run for office. We are a very mixed community of developments and farms. 

Ironwood

Losing the ag zoning would increase property tax rates...? No doubt that is their motive.
Title: Re: out of business, back to work!
Post by: Satamax on July 18, 2012, 04:52:08 PM
Quote from: Delawhere Jack on July 18, 2012, 04:40:15 PM
Quote from: Ironwood on July 18, 2012, 04:26:39 PM
Oh the joy of dealing with others, I am navigating an issue here at my place and I must say it may have been "good timing" as it prompted me to look again at my codes in our township and they were planning to "propose" a change nearly ALL ag land to a lesser (more restrictive class called "Rural Residential") I had not been aware of this nor any of my Ag zoned friends, so off I go organizing and potentially leading a fight to keep our Ag Zoning. Mine 18 acres, and my nieghbors 32 acres were to drop two classes to Suburban Residential, which would be the same as several bedroom communities (ticky tacky little lots etc)  ::) DUH, hello???? So off to an appointment with the Chairman of the Board of Trustees next Tuesday. I have begun to make ALL currently zoned Ag folks aware they are about to have their property tights eroded. Already have the posters and design for the brochure at the county fair next month and the local farm store. HAZARD "Hempfield Agriculturally Zoned Against ReDistricting" hopefully they can realize they are doing something very unpopular. This will be interesting, may have to run for office. We are a very mixed community of developments and farms. 

Ironwood

Losing the ag zoning would increase property tax rates...? No doubt that is their motive.
Wouldn't it make the land buildable on the whole of the acreage and be worth a lot more too?

If i had some land, wich went up in price a lot, and a bad neignbor, i wouldn't mind moving a little further :D
Title: Re: out of business, back to work!
Post by: SwampDonkey on July 18, 2012, 04:57:53 PM
Nobody, for the most part, bothers anyone else around here because we are a long way off from the urban life. A lot of those guys down that way might think of themselves as new country folks, but they are just a short drive to suburbia. They'll never give up those conveniences. Some of them have tried it up here, but they didn't last long. ;)

I had an uncle who worked with an East Indian, some 40 years ago. The guy commented one day, "What kind of place is this? You darn near freeze too death in winter and burn up in the summer." :D
Title: Re: ran out of business
Post by: LOGDOG on July 18, 2012, 05:07:51 PM
Quote from: xlogger on June 23, 2012, 07:16:16 AM
I finally got an email from the county after I worried them alot about being unfair. They told me if I only saw for myself here and did not advertise I could use the mill here on my farm. Do you think I should move the mill within 100 ft of his house, my land gets that close if I'd like to do it? :D

The best advertising is word of mouth anyway. Let 'er rip!
Title: Re: out of business, back to work!
Post by: Ironwood on July 18, 2012, 09:35:38 PM
It is an odd thing, the Chairman of the trustees is telling me this will limit development as it it will make it more difficult to divide into small lots, which Ag currently allows, but to remove Ag zoned peoples options for land use (prescribed and acessory uses) will also drive them to sell to....developers and move away, DUH!!! This is actually going to get intersting, I went an talked to a buddy who is a local opinion leader among active farms, on the County Fair Board etc.... we will be using his machine shed for some meetings and talked to him about a booth at the County Fair to help get the word out. The BIG farms are safe, it is a smaller acreages 5-10-40-60 that are going to see there property rights ERODED. so stupid to even expend the resources to do this as a township, they gotta realize people will be livid.  ::) 

Ironwood
Title: Re: out of business, back to work!
Post by: Ironwood on July 20, 2012, 07:52:09 PM
Not to steal the thread, but didnt want to start another about zoning issues, OK Admins?

So, swung by the Muni building, and it was FUN, kept running into people I knew or have met, citizens, employees, etc...  ;D The secretary kept smiling as yet ANOTHER person was "hey, ____, how are you.?"  Kinda of funny, and helped break the ice with the one code enforcement guy I didnt know that well. I think this is going to actually put me in a BETTER light than before my nieghbor called them. Those poor folks really get to see folks at their WORST! To have someone there with there 10 year old and his buddy educating them and observing, all smiling and being REASONABLE and trying to NOT have them be the "arbitor of last resort" I think they find REFRESHING.  The fact that I IMMEADIATELY went to nieghbor and said "lets work this out" seems to get you some mileage. Then to have leaned of the new proposed zoning, and the Code folks said , "YEAH we told them it was a BAD idea, they wont listen. " I said well then dont be surprised if you see my name as an organizer of oppostion", they thought that was a GOOD idea!!! Man just too FUNNY.

Keep you posted. I keep talking to Ag Zoned folks and NOONE know of this!!!!  HAZARD, Hampton Agriculturally Zoned Against ReDistricting (made up the Hampton, ours is an "H" though)

Ironwood