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Mt. Olive farmer defends sale of firewood as 'agriculture'
Star Ledger ^ | 07.30.06 | BRENDAN BERLS

Posted on 08/02/2006 9:52:24 AM PDT by Coleus

Like most New Jersey farmers, Chester Stephens has to get a little creative in order to make ends meet. A bit too creative, officials say. Now, Stephens is making his way through the appeals process in an unusual case involving the sale of firewood that calls into question the legal definition of "agriculture." On the farm, a familiar sight to motorists along Flanders-Drakes town Road that's been in his family since the late 1700s, Stephens grows mostly corn and hay while raising beef cows and pigs.

But one field of the 115-acre farm in Mount Olive is given over to piles of tree trunks and limbs felled by local tree-clearing compa nies. After letting the logs dry in the sun, Stephens cuts the logs down to size and sells them as firewood. He and his family do brisk business selling the firewood during the colder months. It brings in 25 percent of their annual income, they say.

"This gets us through the winter -- not only to pay the bills, but as seed money for the dry months in the early spring," said Stephens' wife, Melissa. Although Stephens, 38, said he and his late father have sold firewood this way for more than 20 years, he was issued a notice of violation this spring by the Mount Olive zoning officer.

The March 29 letter from Jay Holler, the township's zoning officer, informed the Stephenses that their "logging operation" counted as a light-industrial use, and that they would have to apply for a variance. "In the ordinance, farming has to be material produced on the property," Holler said last week. What Stephens is doing, he added, "is technically a lumberyard."

(Excerpt) Read more at nj.com ...


TOPICS: US: New Jersey
KEYWORDS: business; environment; farming; firewood; landuse; njfarms; propertyrights; zoning
Chester, you don't get it. Only Christie Whitman can have a fake tree farm so the multi-millionaire can get her farming property tax break. The 115 acres of real farmland you own don't mean a thing. And to use someone else's wood instead of your own is simply unacceptable. What they would rather have you do is go bankrupt and sell the farm to the state for open space preservation. Maybe they will take your farm away like they did to the Halpers.

"A positive feature of arrangements like Stephens' is that they apparently hurt no one, Gregg said. Tree-clearing companies avoid having to pay a fee to dump the wood in a landfill, farmers get extra business, customers get firewood at a discount, and the wood doesn't go to waste. "

Since when does a city bureaucrat want to make sense.

1 posted on 08/02/2006 9:52:25 AM PDT by Coleus
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To: Coleus
I may be wrong about this, but I believe an "agricultural" land use in New Jersey only applies to land where an agricultural product is harvested. The fact that this guy is dealing with trees that are dropped off by landscapers probably puts him on the wrong side of the law.
2 posted on 08/02/2006 10:04:05 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: Coleus
I think Ag use would only come into play if he was harvesting the replanting. Take into account like a Christmas tree farm.
3 posted on 08/02/2006 10:09:08 AM PDT by WakeUpAndVote (Got towel?)
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To: Coleus
It's biological. It's planting. It produces usable products for mankind.

It's farming.

4 posted on 08/02/2006 10:10:37 AM PDT by Lazamataz (Islam is a perversion of faith, a lie against human spirit, an obscenity shouted in the face of G_d)
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To: Coleus
I should read an article ONCE, just so I don't make a mistake ONCE.

Sheesh.

I take it back.

5 posted on 08/02/2006 10:11:43 AM PDT by Lazamataz (Islam is a perversion of faith, a lie against human spirit, an obscenity shouted in the face of G_d)
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To: Lazamataz
I should read an article ONCE, just so I don't make a mistake ONCE.

What fun is there in that?

6 posted on 08/02/2006 10:13:59 AM PDT by dirtboy
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To: Lazamataz

He's not getting this material from trees he grows himself -- it's getting dropped off there by landscapers and tree-cutters in the area.


7 posted on 08/02/2006 10:17:13 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: Lazamataz
LOL.

Ironically, if this guy is running a commercial operation involving the sale of wood that is harvested from trees grown elsewhere, it would seem logical that the homeowner who paid to have a tree removed from his backyard should qualify for an agricultural land use!

8 posted on 08/02/2006 10:18:52 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: Coleus
A positive feature of arrangements like Stephens' is that they apparently hurt no one, Gregg said. Tree-clearing companies avoid hav ing to pay a fee to dump the wood in a landfill, farmers get extra business, customers get firewood at a discount, and the wood doesn't go to waste.

"Everybody seems to get a win here," he said. "I don't see a lose in that situation."


Hear, hear, Mr. Gregg. But everybody winning is an intolerable condition for the government. They need to be winning more than anyone else in the situation. I'm just curious how far back in time Mr. Stephens could go and not have any governmental entanglements? I'd say definitely a hundred years ago, he could run the operation no questions asked. Maybe even as recently as twenty years.
9 posted on 08/02/2006 10:19:19 AM PDT by Rastus
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To: Coleus

It does appear that he is violation of the law. He apparently still believes that he lives in a free America.
Pity both are true.


10 posted on 08/02/2006 10:25:43 AM PDT by Badray (CFR my ass. There's not too much money in politics. There's too much money in government hands.)
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To: Coleus
Stephens grows mostly corn and hay while raising beef cows and pigs.

But one field of the 115-acre farm in Mount Olive is given over to piles of tree trunks and limbs felled by local tree-clearing companies.

After letting the logs dry in the sun, Stephens cuts the logs down to size and sells them as firewood. He and his family do brisk business selling the firewood during the colder months. It brings in 25 percent of their annual income, they say.

Stephens buys young beef and pigs.
After letting them mature & fatten up, Stephens sells them to butchers for meat. Probably brings in 25 percent of his annual income.

Is he running an 'industrial operation'? -- No doubt he is, -- but we used to call it farming ..

11 posted on 08/02/2006 10:31:01 AM PDT by tpaine
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To: Coleus

When I first read this I thought the farmer had some kind of coppicing operation. Trees grow mighty quick in New Jersey (at least compared to up here in Alaska) and a few acres of trees could easily be harvested for small logs for many years as long as the stumps remained in the ground and the sprouting was controlled to produce firewood-sized logs.

But this guy is using someone else's wood piled up on his land. Get a business license, talk to the zoning board. Sorry, Charlie.


12 posted on 08/02/2006 11:02:35 AM PDT by redpoll (redpoll)
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To: redpoll

How about this approach --

The tree parts dropped off are for mulch and soil amendments for his own farm (agricultural use).

The most useful parts are some leaves, small chunks of bark, and sawdust. The rest, too large to plow into his farm, are waste and are disposed of by sawing into smaller pieces and selling to the public.


13 posted on 08/02/2006 12:10:10 PM PDT by Scrambler Bob
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