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Started by xlogger, June 03, 2012, 07:49:48 AM

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xlogger

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
Timberking 2000, Turbo slabber Mill, 584 Case, Bobcat 773, solar kiln, Nyle L-53 DH kiln

Magicman

Do they require you to have a business permit or what?
Knothole Sawmill, LLC     '98 Wood-Mizer LT40SuperHydraulic   WM Million BF Club Member   WM Pro Sawyer Network

It's Weird being the Same Age as Old People

Never allow your "need" to make money to exceed your "desire" to provide quality service.....The Magicman

boatman

What is the ordinance?

Noise?

Commercial operations?


xlogger

They found proof on internet that I was selling lumber and no "sawmill" is allow in the zoning here.
Timberking 2000, Turbo slabber Mill, 584 Case, Bobcat 773, solar kiln, Nyle L-53 DH kiln

customsawyer

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.
Two LT70s, Nyle L200 kiln, 4 head Pinheiro planer, 30" double surface Cantek planer, Lucas dedicated slabber, Slabmizer, and enough rolling stock and chainsaws to keep it all running.
www.thecustomsawyer.com

sdunston

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
WM LT28, American fordge 18x8 planer,Orange and white chainsaws, NH TC33, IHT6 dozer, IH-H tractor and alot of other stuff that keeps me agravated trying to keep running

lyle niemi

I would run the nieghbor through the mill!!

Kansas

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?

lyle niemi

The US and Canada are getting to many rules and regulations to please the city folk that move out in the country side!!!

xlogger

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
Timberking 2000, Turbo slabber Mill, 584 Case, Bobcat 773, solar kiln, Nyle L-53 DH kiln

Magicman

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.
Knothole Sawmill, LLC     '98 Wood-Mizer LT40SuperHydraulic   WM Million BF Club Member   WM Pro Sawyer Network

It's Weird being the Same Age as Old People

Never allow your "need" to make money to exceed your "desire" to provide quality service.....The Magicman

xlogger

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!
Timberking 2000, Turbo slabber Mill, 584 Case, Bobcat 773, solar kiln, Nyle L-53 DH kiln

lyle niemi

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

paul case

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
life is too short to be too serious. (some idiot)
2013 LT40SHE25 and Riehl edger,  WM 94 LT40 hd E15. Cut my sawing ''teeth'' on an EZ Boardwalk
sawing oak.hickory,ERC,walnut and almost anything else that shows up.
Don't get phylosophical with me. you will loose me for sure.
pc

Jeff

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.
Just call me the midget doctor.
Forestry Forum Founder and Chief Cook and Bottle Washer.

Commercial circle sawmill sawyer in a past life for 25yrs.
Ezekiel 22:30

SPD748

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
Frick 0 Handset - A continuing project dedicated to my Dad.

410 Deere, 240 Massey... I really need a rough terrain forklift :)

Sawing Since 1-19-2013 @ 3:30 pm
Serving Since 2002
"Some police officers give tickets, some gave all."

Kansas

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?

wdtik

There must be an avenue of relief--eg request a variance  ...
Know any lawyers?  Or find another mill site..Never quit..CBD

Delawhere Jack

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.......

Raider Bill

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!
The First 70 years of childhood is always the hardest.

Peter Drouin

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)
A&P saw Mill LLC.
45' of Wood Mizer, cutting since 1987.
License NH softwood grader.

Indiana Robinson

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.  :)

.
Lifetime farmer.
Lifetime sawdust lover.
Old Tractor lover.
Have worn a lot of hats.
Once owned a Kasco mill that would saw a 30"x24' log. Now a new little LT-10 Woodmizer for my own lumber.
And yes, my woodshop is seriously infested with Shopsmiths.
Old geezer trying hard not to be one. :-)

just_sawing

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.
You can follow me at
www.http://haneyfamilysawmill.com

ladylake


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
Timberking B20  18000  hours +  Case75xt grapple + forks+8" snow bucket + dirt bucket   770 Oliver   Lots(too many) of chainsaws, Like the Echo saws and the Stihl and Husky     W5  Case loader   1  trailers  Wright sharpener     Suffolk  setter Volvo MCT125c skid loader

Dave VH

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.
I cut it twice and it's still too short

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