First Podcast for Janzen Ag Law!

Sarah Aubrey, Prosperity Consulting

I recently did an interview with Sarah Aubrey of Prosperity Consulting, talking about issues facing livestock producers who are looking to expand. Sarah discussed her knowledge and expertise of grant writing for these same farmers. You can listen to the podcast by clicking here:  Prosperity Consulting Podcast.

Special thanks to Sarah Aubrey for making this happen.  Among other talents, Sarah specializes in grant writing for farmers and agribusinesses.  If you are wondering if USDA or other grant money is available to help your operation, contact Sarah.  Her website is found here:  Prosperity Consulting.

By Todd Janzen

Dalzell v. Country View: Neighbors' suit against hog farm "doesn't fly"

The Seventh Circuit Court of Appeals in Chicago, Illinois, has decided a nuisance suit in favor of a Randolph County hog farmer.  The case, Dalzell v. Country View Family Farms, LLC, involved an appeal from the district court that held that a “nuisance” lawsuit brought by various neighbors  against a new hog farm were barred by the Indiana Right to Farm Act.

County Zoning can be a Minefield for Livestock Producers Wanting to Expand

New swine barn under construction.

Not all counties are created equal when it comes to zoning.  Recently, I’ve been involved in a number of zoning disputes in different Indiana counties.  It’s remarkable to me that a farm situated on a county line—as many farms are—will face drastically different zoning requirements depending on which side of the county line the farmer decides to build a new livestock barn.

At one extreme are counties with no zoning at all. There are at least a dozen counties where farmers face no zoning hurdles when deciding whether to expand their farms.  Build it wherever you want—the county won’t interfere.

What are "satellite" manure storage structures?

Sputnik, not a manure storage structure.

A few years ago, concerned Indiana residents raised complaints with their elected officials about the storage of manure in remote ponds, or “lagoons” that were not sited next to existing livestock farms.  The Indiana Department of Environmental Management (IDEM) for years had regulated confined feeding operations (CFOs), but nowhere on the books were stand-alone manure lagoons regulated.