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Court’s Decision a Win for Land, Communities & Farms

By Matthew Sheets
November 3, 2021

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In a win for the people and the land of southeastern Minnesota’s Winona County, the Minnesota Court of Appeals has declined to take up an appeal case that was brought forward by a large dairy attempting to expand well beyond an existing animal unit cap. This comes after years of neighbor-to-neighbor action and public engagement by Land Stewardship Project members and other people in Winona County in support of the current animal unit cap, which was put in place to protect the communities, as well as the land, water, and air, that everyone relies on.

At issue is Daley Farm’s attempt to add roughly 3,000 animals to its existing operation, which would put the operation at around 6,000 animal units, almost four times the county’s animal unit cap of 1,500 animal units. That cap, which was put in place in 1998, is equivalent to 1,071 dairy cows, 5,000 market hogs, and 1,500 beef cows/steers; the overwhelming majority of livestock operations in Winona County and across Minnesota are well below this limit, meaning this cap readily allows for a family farm-based system of livestock agriculture in Winona County. Such a cap is particularly important in a region like southeastern Minnesota, where groundwater is vulnerable to contamination as a result of the porous karst geology that predominates.

In 2019, the animal unit cap was challenged by Daley Farm’s lawyers after the Winona County Board of Adjustment ruled that the proposed expansion could not move forward because it would exceed the cap. The expanded facility would use 92 million gallons of the area’s groundwater per year and produce 46 million gallons of manure and wastewater. For context, the nearby town of Lewiston (pop. 1,506) uses 33 million gallons of water annually. And the operation is in a region where tests have shown wells with nitrate levels nearing or above the Environmental Protection Agency’s maximum allowable nitrate level of 10 milligrams per liter.

The Minnesota Court of Appeals decision keeps with a long legal tradition in Minnesota of giving regulatory favor to the local governing body and the people who have the most at stake. What comes next for the people of Winona County is another round of community debate as the Board of Adjustment reconsiders allowing Daley Farms to circumvent the animal unit cap. The Board is scheduled to consider the Daley situation in December.

Even after being denied an exception to the county animal unit cap rule — called a “variance” — by the local community, and after the courts have decided that the local decision is final, Daley Farm can continue to put forward a request for a variance for the same project and start the process over again. During the past two years, neighbors to the proposed expansion, along with other folks in Winona County, have repeatedly made it clear such a large expansion is not welcome in their community. They have testified at public meetings, submitted detailed evidence to the Minnesota Pollution Control Agency, and submitted letters-to-the-editor.

Unfortunately, the owners of Daley Farm say they will continue to push for the variance. This unprecedented expansion is seen as a bellwether by large agribusiness interests within Minnesota, which are pushing for ever more expansion of mega-sized Concentrated Animal Feeding Operations (CAFOs) at the expense of small and moderate-sized family farms. As a result, Daley Farm has had significant resources backing up their expansion efforts, including a law firm that serves major agribusiness clients. Rather than follow the law, Daley Farm is once again attempting to force the law to follow it.

It should be made clear that this expansion doesn’t just violate what’s considered a sensible animal unit limitation in Winona County. Several other southeastern Minnesota counties — Freeborn, Fillmore, Dodge, and Faribault — also limit the size of livestock operations. Local governments across the region are taking serious steps toward protecting groundwater and the viability of small to moderate-sized livestock farms. As LSP farmer-members in the region have been proving for decades, concentrating thousands of animals in CAFOs is not the future of agriculture; there are ways to profitably raise livestock while keeping our communities and the land viable and healthy.

The people of Winona County made it clear in 1998 when the animal unit cap was instituted and in 2019 when the original request for a variance was denied that the protection of the area’s water, air, and small to mid-sized farms are more important values to the community than the profits of one mega-operation, or the advancement of an unsustainable model of agriculture that has already decimated numerous other communities across the country. Those community values have not changed in the two years since the Board of Adjustment last weighed in on this proposed expansion.

That was made apparent earlier this fall when LSP member-leaders in Winona County brought together other members of the community to talk about Daley Farm’s continued efforts to overturn those community values and how local people can ensure that the county animal unit cap is enforced. The folks who pulled together for this meeting shared a resolve to protect their community and be in communication with their neighbors about the importance of the county animal unit cap and the values that are behind it.

LSP is looking forward to watching this renewed community conversation unfold and is confident that the people of Winona County will, yet again, make their voices heard. Local government and the courts have listened and acted accordingly. It’s time the owners of Daley Farm and other boosters of the mega-dairy model got the message as well.

LSP organizer Matthew Sheets works on factory farm and livestock concentration issues. He can be reached via e-mail or at 612-767-9709.

Category: Blog
Tags: Daley Farm • factory farm • karst • local control • local democracy • Winona County

When a Factory Farm Comes to Town

When a Factory Farm Comes to Town: Protecting Your Township from Unwanted Development is a Land Stewardship Project publication that provides guidance to townships on using the Minnesota Interim Ordinance and other tools in the state’s Municipal Planning law. It also contains an extensive list of resources. Copies are available here.

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October 2025

Wednesday October 29

4:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Wednesday October 29
4:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
The Harkin Institute for Public Policy & Citizen Engagement, 2800 University Ave, Des Moines, IA 50311, USA

The Johnson Center for Land Stewardship Policy is excited to share that one of our its primary pillars of work — a published collection of Paul Johnson’s writings —  is set for release on Oct. 2.  The book features a brief biography and a discussion of Paul’s ideas within the historical and future contexts of private lands conservation. 

For details on We Can Do Better: Collected Writings on Land, Conservation, and Public Policy click here.

Thursday October 30

5:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Thursday October 30
5:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Ames Public Library, 515 Douglas Ave, Ames, IA 50010, USA

The Johnson Center for Land Stewardship Policy is excited to share that one of our its primary pillars of work — a published collection of Paul Johnson’s writings —  is set for release on Oct. 2.  The book features a brief biography and a discussion of Paul’s ideas within the historical and future contexts of private lands conservation. 

For details on We Can Do Better: Collected Writings on Land, Conservation, and Public Policy click here.

November 2025

Saturday November 1

6:15 pm – 9:15 pm
Community Potluck & Folk Dance in Bay City, Wis.
Saturday November 1
6:15 pm – 9:15 pm
Community Potluck & Folk Dance in Bay City, Wis.
W6275 Main St, Bay City, WI 54723, USA

Calling all folk dance lovers! The Land Stewardship Project is co-sponsoring a potluck and folk dance at the Town Hall in Bay City, Wis., on Saturday, Nov. 1. Can you attend or volunteer? LSP is looking for one or two more people to help represent our people-powered organization by tabling at this event. To volunteer, reply directly to this e-mail and let me know you’re available. 
 
For details, check out this flier. 

The potluck and dance are co-hosted by LSP members from Oxheart Farm and the Oak Center General Store. No RSVP required; please direct questions to Emmet at oxheartfarm@gmail.com.
 

Folk Dance Flyer 2025.jpg

Tuesday November 4

11:00 am – 12:00 pm
Birds in the Balance: Pest Control Services Across Crop Types
Tuesday November 4
11:00 am – 12:00 pm
Birds in the Balance: Pest Control Services Across Crop Types
Online

This 10-lesson Wild Farm Alliance virtual course teaches agricultural professionals and farmers how to support beneficial birds and manage pest birds on farms. By learning how to assess the farm’s avian needs and opportunities, farms can be designed to provide for a diversity of beneficial birds. 

If pest birds are a problem, they can be discouraged with specific practices during the shorter periods when they cause damage. The sessions cover the latest research, tools and resources, and are given by experts in avian pest control, entomology, ornithology and conservation. While many topics and species are specific to the Midwest, most of the principles discussed are applicable across regions. 

Continuing Education Credits have been requested and are expected to be approved from American Society of Agronomy.

For details and to register, click here. 

The Course Schedule:

LESSON 1

Why Birds Belong on the Farm: Biodiversity, Pest Control & A Thriving Landscape

Tuesday, September 23, 2 p.m. CT


LESSON 2

Birds as Pest Control Allies on the Farm

Tuesday, October 14, 11 a.m. CT


LESSON 3

Birds in the Balance: Pest Control Services Across Crop Types

Tuesday, November 4, 11 a.m. CT


LESSON 4

Integrating Habitat into Croplands: Prairie Strips and Bird Conservation

Tuesday, December 2, 11 a.m. CT


LESSON 5

Birds on the Farm: Balancing Biodiversity and Food Safety

Tuesday, January 13, 11 a.m. CT


LESSON 6

Beyond the Crop: Birds, Biodiversity, and the Power of Edge Habitat

Tuesday, February 3, 11 a.m. CT


LESSON 7

Bridging Forestry, Farming, and Habitat

Tuesday, February 24, 11 a.m. CT


LESSON 8

Perennial Pathways: Agroforestry for Birds and Biodiversity on Farms

Tuesday, March 17, 11 a.m. CT


LESSON 9

Birds on the Range: How Grazing Practices Shape Habitat for Grassland Species

Tuesday, April 7, 11 a.m. CT


LESSON 10

Birds at Risk: How Pesticides Shape Safety on Agricultural Lands

Tuesday, April 28, 11 a.m. CT

7:00 pm – 9:30 pm
Big Ag, Big Problems: LSP Panel on Rural Consolidation
Tuesday November 4
7:00 pm – 9:30 pm
Big Ag, Big Problems: LSP Panel on Rural Consolidation
Lanesboro Community Center, 202 Parkway Ave S, Lanesboro, MN 55949, USA

 
The concentration of money and power in our food and farming system is a threat to our rural way of life, the land, and Main Street economies. According to research compiled by Farm Action, agricultural industries ranging from poultry processing to seed distribution are now dominated by four or fewer corporations, creating a system that for all intents and purposes no longer represents an open market situation. This makes it next to impossible for small and mid-sized farms to compete economically.  

Those of us who grew up in the rural Midwest have seen these effects firsthand. As once vibrant agricultural economies diminish, so too do community resources: hospitals, public schools, religious institutions, grocery stores, and more. Young people who see little opportunity in their hometowns move to cities and suburbs to start their careers and families. 
 
A consolidated, corporate-controlled agricultural system is also wreaking havoc on our natural environment. Runoff from large-scale factory farms and row cropping operations threatens our drinking water and spoils natural landscapes that people from all walks of life cherish. Without intervention, it won’t be long before all of us — urban or rural, farmers and non-farmers, rich or poor, young or old — will be impacted by the devastation of Big Ag. 

Join the Land Stewardship Project on Tuesday, Nov. 4, to hear from two people who think a lot about the power of Big Ag and its negative impacts — Austin Frerick and Sonja Trom Eayrs. They will lead a discussion about the forces threatening our rural communities and how we build the people power to take them on. 

This is an opportunity to take the first steps toward developing the kind of positive future for our communities that builds homegrown wealth, treats people fairly, and is resilient in the long term. If you love something and someone, you fight for it. Come fight with us! 
 
Austin Frerick Biography: Austin Frerick is an expert on agricultural and antitrust policy. In 2024, he published his debut book, Barons: Money, Power, and the Corruption of America’s Food Industry.
 
Sonja Trom Eayrs Biography: Sonja Trom Eayrs, author of Dodge County, Incorporated: Big Ag and the Undoing of Rural America, is a farmer’s daughter, rural advocate, and attorney.

To register for this event, click here.

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