I'm Officially a Farmer! (Getting around zoning ordinances)

[jaku]

Quote:
That's a very good point also- a lot of times, an official may either be ignorant of a law, not fully understand it, or may even be going by what he's been told also. I'm a police officer, and I can tell you, there's no way to know even a majority of the laws. It's a VERY thick book! It's always best to look something up yourself if you really need to know.

 

[Steve]

It is a little harder to get over here in Eaton county (Charlotte, Mich.)

I have 30 acres that is a registered farm, I grow soys or corn each year. I actually make a small income off my land.

I am also a liscensed building contractor. There was a time if you had 40 acres you did not need to get a permit, etc. to build a barn on your property. Then the wording got changed that you could have smaller acreag but needed to have proof your land was a farm.....so far so good. I have proof, I have a registered farm in the county files.

So when I decided to apply (still need the paper trail in this county) for a ag exempt permit to build a new gambrel roof barn to keep my John Deere 3020 ag tractor housed, a place to raise 10-12 hogs, a pen for some sheep....all of these are farm animals or equiptment I didn't figure there would be a problem.

I go down to the courthouse to fill out said paperwork, now remember I am a full time building contractor so I am familiar with obtaining permits from the county. I got asked more questions from the desk person as to how I qualify for a ag permit then I ever needed to build a home.

I finally asked the lady "Is it my impression that this ag exempt permit, in the building departments eyes, like the red headed stepchild"?...."You really don't want to acknowledge these ag exempt permits because the county makes no income from them"?.....she hesitated and said "Yes"

In the course of all my questioning from her, I found that because I made X amount of dollars off my land being in use for agricultural purposes did not deem me a "farmer"in the county building code departments eyes.

Glad it worked out for you and you fought the system.....I did too and got my barn almost done.....now doesn't this look like a farm barn to you?

 

[jaku]

Quote:
It doesn't seem like the county would have a leg to stand on in your case, based on the Right to Farm Act. From your description, if you aren't a farm, I'm not sure what is. The whole intent of the law is to protect SMALL farms. I'd bet that they count on people's ignorance and willingness to simply go away when told something.

 

[seedcorn]

Quote:
While this is true, don't get the idea that you can burn some in your truck or car and save the taxes. That's illegal and if caught the fine is VERY stiff. Plus diesel is way more expensive than gas is now.

 

[ams3651]

Go to your local Ag office, here they call it the Agricultural Extension and they will help you with the tax id # so you dont pay tax on farm supplies and others things like for the diesel. They can at least point you in the direction, they are very helpful. My parents also joined the local Grange because they could get discounts on feed and seeds, not to mention use the hall for free.

 

[OurLittleFarm]

We were thinking of apply for a Farm# and making it official. But....We are hesitating because we aren't sure if we can actually make any money from it right now and the IRS is cracking down on small farms. They want you to show that you are serious and making money. If you don't make any profit they consider it a hobby farm. I think they just want to make sure that the people who do this as a hobby don't get the tax breaks. As we are just starting out we probably won't make a profit for a couple of years like any other business. So we are wondering where that puts us right now. Does anyone know anything about this?? Are we allowed to show a loss the first 5 years like any other business???

Thank you in advance for any info. you have.

 

[newchickwi]

I went to a local small farm (organic) conference put on by our extension office two weeks ago and there was a farm accountant that gave us a tax talk. First, he tried to explain the (tax) difference between a "hobby" farm and a "real" farm--it is a lot when it comes to taxes and what is taxable, taxed, and exempt. Hobby farms are considered a "hobby" and the losses are yours. He said that often "real" farms do not show a profit often due to amortization of equipment, expenses, etc. He strongly suggested that one needs to have an accountant that specializes in farm accounting. Granted, he is an accountant

, but after a general review of some of the many rules, exceptions,... it may be worth the couple of hundred dollars to at least get off on the right foot (another business expense?) and to find out how many new and extra IRS and state forms one needs to fill out to be a "real" farm...

If you do want to convert to a "real" farm from a "hobby" farm, be sure to save all receipts and keep good records! A farm is a farm and a business...the whole thing definitely left my head spinning...think I'll stick to chickens for now!

 

[Cheekon]

I love hearing storys like this! It annoys me that then want to control everything you do on your own property.

 

[whatnow?]

Quote:
I'm not a Zoning Officer, but I spend a good amount of time enforcing zoning. I spend the rest of my time on the other side of the fence helping my customers get through the approval process. The first question I would ask is... what is "behind"?

Most Zoning Ordinances are VERY poorly written, leaving out necessary definitions, contradicting itself, etc. And where I come from, ambiguities and conflicts fall in favor of the applicant.

 

[jaku]

whatnow? :

Quote:
I'm not a Zoning Officer, but I spend a good amount of time enforcing zoning. I spend the rest of my time on the other side of the fence helping my customers get through the approval process. The first question I would ask is... what is "behind"?

Most Zoning Ordinances are VERY poorly written, leaving out necessary definitions, contradicting itself, etc. And where I come from, ambiguities and conflicts fall in favor of the applicant.

I checked into that too- basically, the entire accessory building must be behind the plain created by the LIVEABLE area of the front of the residence. They had it defined pretty well, but you're right- because of the wording, there were several areas I was going to pursue had the farm option not worked.​