During a well attended Newburg Township meeting held at the Mabel Community Center, the township board adopted, by a 2:1 vote, an interim moratorium on new feedlots of over 500 animal units or the expansion of existing feedlots to over 500 animal units and on the construction of new non-farm dwellings in agricultural areas. The moratorium is effective as of the date of its adoption, August 23, for one year.
Currently, Newburg Township does not have its own zoning ordinance, depending instead on the county zoning ordinance. A township can develop a more restrictive ordinance than the county’s. Five townships have more restrictive ordinances than the county zoning ordinance.
The moratorium will allow the township time to appoint a committee of at least three members to conduct a study. The committee will look into whether the Fillmore County ordinance protects residents of the township sufficiently in its regulation of feedlots and other agricultural rural land uses. They will look into issues that lead to conflicts between owners of feedlots and of non-farm dwellings in agricultural areas. The township may decide to adopt a comprehensive plan and impose zoning regulations stricter than those within the county ordinance.
The interim moratorium became an option for many who were concerned about the possible environmental damage they felt may result from the construction and operation of a large hog facility in the township about 10 miles east of Harmony. The proposed 4,980 hog farrowing facility, Catalpa LLC, is to be located on majority shareholders Al and Merilee Hein’s property. It is to be managed by Waukon Feed Ranch and the sows are to be owned by Holden Farms of Northfield. The concrete reinforced pit to be located under two barns would hold 8.9 million gallons of manure to be injected in the fall on at least 732 acres of cropland. The application of an expected 7.3 million gallons of manure each year in an area with karst geology has driven much of the controversy.
The two-hour public hearing was guided by attorney Troy Gilcrest, who practices town and municipal law. At an August 2 township meeting a draft interim ordinance was presented. The attorney explained Minnesota Statutes give the township the authority to impose a temporary moratorium.
Prior to the August 2 meeting, a lawsuit was filed by Al and Merilee Hein, owners of the proposed site of the farrowing facility, against the township, the township board and chair Oswald Landsom and supervisor Mark Gjere. The lawsuit asked for the postponement of the meeting, during which language for a moratorium was to be introduced. The board members were accused of open meeting violations.
The Minnesota Pollution Control Agency has been considering whether a more comprehensive Environmental Impact Statement (EIS) will be required for the proposed farrowing facility before a permit is issued. An especially large number of written comments have been submitted to the MPCA during the comment period. A declaration from MPCA is expected in the coming weeks.
Public Hearing
More than 20 people spoke during the public hearing, most in favor of the moratorium which will impose temporary restrictions. Many wore “I support Local Control in Newburg Township” stickers. Issues of concern included the risk of air and ground water pollution and road damage.
Lester Erickson, Newburg Township, supported a year long study due to the many caves and wells in the area. He seemed incensed by the lawsuit.
Bart Seebach, Newburg Township farm land owner and attorney, admitted it was reasonable to expect more feedlots. Good people have swine operations, but they are not family run like it use to be. It is appropriate to do a study and impose reasonable restrictions.
Pastor Pam Seebach added that their well is near a field where the manure is to be applied. The church well is vulnerable to nitrates. We should take the time we need to collect all the information before making a decision on a facility of this size; she supports the moratorium.
Irene and Glen Fishburn recently retired to Newburg and she opened a bakery. She was concerned about water quality.
Michelle Hockersmith, Preble Township, wants time to make ourselves more knowledgeable. She expressed her support of “local control.” The size of the proposed facility concerned her; her biggest concern is water.
Gayle Stortz expressed strong support for the moratorium. She and her husband Lawrence live one mile away from the proposed site. Her concerns were air quality and water quality and quantity. Their water from their well already has high nitrates.
Minneapolis attorney Jack Perry is legal counsel for Al and Merilee Hein. He maintained that ERI (electrical resistivity imaging) has been done which can locate/identify karst, bedrock features, voids, etc. He added that manure management plans have been made and insurance protections are in place ($1 million policy naming insured as Newburg Township). There are plans to protect the roadway, to protect groundwater, and to indemnify the township if they get sued. The protections run with the land. He added it is correct to want control, but insisted a moratorium is not the only way to get control. He offered a settlement agreement which he maintained would make Catalpa the most regulated feedlot in Minnesota.
Al Hein insisted the project has not had enough explanation, adding information should have been put out to the public earlier. He suggested a full explanation will show how environmentally friendly Catalpa is. He argued that hog manure is organic in nature and higher in nutrients than chemical fertilizers.
Brad Herman, general manager Waukon Feed Ranch, said he is a property owner in Newburg Township. He asked the board and the crowd to look at zoning long term and the negative effect on the tax base if the facility is not allowed. There will be higher taxes without growth. He asked that the project be allowed to go forward with restrictions.
Loni Kemp, Canton Township, lives two miles from the site. She hopes her township also will develop appropriate zoning regulations. Her concerns were that concentrated feedlots are a threat to private wells, streams, water quality, and destructive to our communities. She wants an open public process so we can have the kind of agriculture that can co-exist with our communities.
Dayna Burtness said she supports the township officers and referred to the lawsuit as outrageous.
C. J. Robinson, Norway Township, commended the supervisors for being well informed. He asked those invested in the facility why they don’t voluntarily do an EIS if the facility will be so environmentally friendly. He said $1 million will not fix the aquifer once it is contaminated.
Veterinarian Ross Kiehne, Harmony Township, said he was a fan of pork production and has been a swine vet for 19 years. He is not worried about his health and his house is near his brother’s hog facility.
Larry Rogich, Newburg Township, complained of road damage due to manure transport from a dairy farm. Manure runs near his house attracting flies and sloshes off tanks into a sinkhole.
Dan Dyrstra, Waukon Feed Ranch, noted there were a lot of changes in the hog industry in the ‘90s. He had an opportunity to come back to the area where he was raised north of Decorah because of these kind of operators. He maintained tourism is growing and co-existing with large farms.
Cathy Newman, Preble Township, explained one of the fields where the manure is to be applied is about 100 feet from her well. She has been involved with raising hogs most of her life. She referred to Al Hein as an excellent neighbor, adding she has no problem with manure applications to the ground around us, as it is preferable to chemical fertilizers. She asked the board to read the settlement that has been offered.
Bonnie Haugen, Canton Township, maintained the moratorium makes sense. It will give them time to set parameters and it is healthy to think about a cap, a limit on size.
Andy Sollien, Mabel, was against the lawsuit. He asked those who were for the moratorium to stand; he told them we are proud of where we live.
Township Board discussion
Supervisor Steve Melbostad asked what this moratorium cost the township in the future. Where will the money come from? When will the study committee meet, how many members, volunteer or paid, and will they meet with the board or on their own schedule? He said he was perplexed; it is a lot to handle in a short amount of time.
Gilcrest said there will be legal costs for his services, publication costs, and enforcement will be a significant cost as with any ordinance. The study group should be volunteers, unpaid. If the board gets involved in planning and zoning there will be some cost in developing and adopting an ordinance. There will be some cost for administration, permitting. The committee will be appointed by the board, follow open meeting law, and have scheduled public meetings. They should keep minutes and report back to the township board. There should be more than one point of view represented on the committee, so the board hears more than one perspective.
Melbostad commented that the township board gave up the right to regulate years ago, passing that to the county level. The county has personnel that does a good job. This will be a large undertaking for this board to handle.
Gilcrest noted he had received an email suggesting the interim ordinance restrict new feedlots to 300 animal units and that it not include a restriction on new non-farm dwellings.
Supervisor Mark Gjere stated there is nothing wrong with confined feedlots. We have to look at how we want our community to develop, the reason for residential restriction. Some townships restrict non-farm dwellings to preserve agricultural land. He recommended keeping both restrictions: for the size of feedlots and new non-farm dwellings.
Gjere said we don’t have much choice, after having listened to the people tonight. He moved to adopt the interim ordinance authorizing a study of planning and zoning and imposing a moratorium on feedlots and non-farm dwellings. The motion passed. A motion to adopt a resolution summarizing the interim ordinance for publication was approved. The moratorium will be in place 12 months and may result in the creation of a township zoning ordinance that is more restrictive than the Fillmore County ordinance.
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