Land Stewardship Project

Land Stewardship Project
  • About Us
    • Our Mission
    • Long Range Plan
    • Staff Directory
    • Board of Directors
    • Contact Us
    • Past LSP Projects
    • Employment & Volunteer Opportunities
    • LSP Publications
  • The Latest
    • 40th Anniversary Events
    • Tell us an LSP Story
    • Songs for the Soil
    • CSA Farm Directory
    • Upcoming Events
    • News
      • News Releases
      • Media Contacts
      • LSP in the News
    • Blog
    • Podcast
    • Land Stewardship Letter
    • LIVE-WIRE Sign-up
    • Myth Busters
    • Fact Sheets
    • Farm Crisis Resources
  • For Farmers & Landowners
    • New Farmers
      • Farm Beginnings Class
      • Journeyperson Course
      • Farm Dreams Workshop
      • Farmland Clearinghouse
      • Accessing Farmland
      • Beginning/Retiring Farmer Tax Credit
      • Beginning Farmer Profiles
    • Retiring Farmers & Landowners
      • Farmland Clearinghouse
      • Conservation Leases
      • Beginning/Retiring Farmer Tax Credit
      • Land Transition Tools
      • Transition Stories
    • Soil Health
      • Cover Crops
      • Grazing
      • No-till
      • Microbiology
      • Soil Builders’ Network
      • Soil Builders’ E-Letters
    • Cropping Systems Calculator
    • Conservation Leases
  • Creating Change
    • Community-Based Food Systems
      • Community Food Webs Learning Circles
    • Policy Campaigns
      • Soil Health & Climate Change
      • Healthcare
      • Factory Farms
      • Federal Policy
      • State Policy
      • Developing Leadership
      • Caucus for Land Stewardship
    • Justice & Stewardship
    • Organizational Stewardship
    • Building People Power
  • Get Involved
    • Take Action!
    • Upcoming Events
    • Land Stewardship Action Fund
    • Connect with LSP
      • Stay Connected
      • Join, Donate, or Renew Today!
      • Shop
      • Employment & Volunteer Opportunities
      • Legacy Giving
    • Network with LSP Members
      • Farmland Clearinghouse
      • Soil Health
  • Join, Donate, or Renew Today!
  • Stay Connected
  • Contact Us
  • Shop
Search
More...

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

By Matthew Sheets
November 3, 2021

Share

  • Facebook
  • Twitter
  • Pinterest
  • email

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.

  • Join, Donate, or Renew
  • Building People Power

Upcoming Events

×

February 2023

Tuesday February 7

9:00 am – 12:30 pm
Wholesale Readiness Training for Farmers
Wholesale Readiness Training for Farmers
Tuesday February 7
9:00 am – 12:30 pm

MISA, UMN Extension and Renewing the Countryside are offering training and one-to-one technical assistance for farmers who want to grow their operation into wholesale markets. Wholesale isn’t just for large-scale distributors. You can use this training and support team to prepare to sell to schools, restaurants, grocery stores and hospitals in your community. Participating farmers will be eligible for $500 mini-grants to cover expenses related to launching a wholesale enterprise. 

For details, click here.

10:00 am – 2:00 pm
Crop, Livestock & Soil Innovation Conferences Workshop
Crop, Livestock & Soil Innovation Conferences Workshop
Tuesday February 7
10:00 am – 2:00 pm

The Land Stewardship Project is a co-sponsor of the 2023 I-90 & Highway 14 Tour CLASIC. Network, learn, and get inspired with area farmers and regional farming innovators as we discuss current trends for improving productivity and profitability in crop and livestock operations utilizing soil-healthy practices. The Crop, Livestock, and Soil Innovation Conferences (CLASIC) is made up of two tours in Minnesota, traveling along Interstate 90 and Highway 14, consisting of several stops.

Click this link for more details and a complete listing of workshops. Each venue’s program is unique and varied — be sure to check them all out and register for multiple events.

The speakers for the Feb. 7 workshop are Dean Sponheim and Andy Linder. Sponheim is a 4th generation farmer from Mitchell County Iowa. He began strip-tilling in 1999, aerial applying cover crops in the fall of 2012, and started a cover crop seed business in 2014 and no-tilling corn and soybeans in 2019.

Linder farms with his dad near Easton, Minn. Their soil health journey unintentionally started in 2010 when they purchased a vertical tillage machine. In fall 2016 they put cover crops on every acre.They now no-till most of their corn aces and do some strip-till trials.

For more information and to register, click here.

Wednesday February 8

9:00 am – 2:30 pm
Crop, Livestock & Soil Health Conferences Workshop
Crop, Livestock & Soil Health Conferences Workshop
Wednesday February 8
9:00 am – 2:30 pm

The Land Stewardship Project is a co-sponsor of the 2023 I-90 & Highway 14 Tour CLASIC. Network, learn, and get inspired with area farmers and regional farming innovators as we discuss current trends for improving productivity and profitability in crop and livestock operations utilizing soil-healthy practices. The Crop, Livestock, and Soil Innovation Conferences (CLASIC) is made up of two tours in Minnesota, traveling along Interstate 90 and Highway 14, consisting of several stops.

Click this link for more details and a complete listing of workshops. Each venue’s program is unique and varied — be sure to check them all out and register for multiple events.

The speakers for the Feb. 8 workshop are Dean Sponheim, Martin Larsen, and Andy Linder.

Sponheim is a fourth-generation farmer from Mitchell County, Iowa. He began strip-tilling in 1999 and began no-tilling his corn and soybean acres in 2019. Sponheim started aerial applying cover crops in 2012 and in 2014 started a cover crop seed business.

Martin Larsen farms 700 acres near Byron, Minn., producing corn, soybeans, cover crops and food-grade oats in a full no-till system. As an Olmsted County Soil and Water Conservation District staffer, he gives technical assistance to farmers and manages soil health test plots.

Andy Linder farms with his dad, Don, near Easton, Minn. Together, they raise corn, soybeans, oats, canning crops, and grass hay. Their journey to soil health unintentionally started in 2010 when they purchased a vertical tillage machine. In the fall of 2016, a cover crop was put on every acre and they continue using cover crops. He has transitioned to most corn being no-till.

For more information and to register for the Feb. 8 workshop, click here.

Thursday February 9

9:30 am – 1:30 pm
Crop, Livestock & Soil Innovation Conferences Workshop
Crop, Livestock & Soil Innovation Conferences Workshop
Thursday February 9
9:30 am – 1:30 pm

The Land Stewardship Project is a co-sponsor of the 2023 I-90 & Highway 14 Tour CLASIC. Network, learn, and get inspired with area farmers and regional farming innovators as we discuss current trends for improving productivity and profitability in crop and livestock operations utilizing soil-healthy practices. The Crop, Livestock, and Soil Innovation Conferences (CLASIC) is made up of two tours in Minnesota, traveling along Interstate 90 and Highway 14, consisting of several stops.

Click this link for more details and a complete listing of workshops. Each venue’s program is unique and varied — be sure to check them all out and register for multiple events.

The speakers for the Feb. 9 workshop are Dean Sponheim and Martin Larsen.

Sponheim is a fourth-generation farmer from Mitchell County, Iowa. He began strip-tilling in 1999 and began no-tilling his corn and soybean acres in 2019. Sponheim started aerial applying cover crops in 2012 and in 2014 started a cover crop seed business.

Martin Larsen farms 700 acres near Byron, Minn., producing corn, soybeans, cover crops, and food-grade oats in a full no-till system. As an
Olmsted County Soil and Water Conservation District staffer, he gives technical assistance to farmers and manages soil health test plots.

For more information and to register for the Feb. 9 workshop, click here.

5:30 pm – 8:30 pm
LSP Farm Transition Planning Course: Session 3
LSP Farm Transition Planning Course: Session 3
Thursday February 9
5:30 pm – 8:30 pm

…Are you a farm family or landowner thinking about the future or next steps for your farm?

…Are you interested in planning for the next generation of farmers on your land?

…Do you have a spouse/partner helping to make these decisions? Are you both on the same page?

…Are you ready to begin the planning process but don’t know where to start?

THE WORKSHOPS WILL FOCUS ON: 

  • Values and Vision;  
  • Financial,  tax, and legal considerations; 
  • Options for farm transitions; 
  • Resources to guide the planning process,
  • Communication tools. 

YOU WILL COME AWAY WITH:

  • Tools to use that will help gain clarity around your future planning
  • Next steps toward creating a farm transition plan
  • Ideas and advice from other farmers and professionals 
  • Networks and support to continue to share and learn
  • Individualized support

Session One: Thursday, Jan. 26: The focus will be on values and vision. In addition, we will be getting to know one another, discussing expectations for the course, and understanding where folks are in the transition planning process.

Session Two: Thursday, Feb. 2: The focus will be on financial planning. Presenter Joy Kirkpatrick, a Succession Outreach Specialist for the University of Wisconsin Center for Dairy Profitability, will share her 29 years of experience working with farm families as they assess their financial needs for retirement and how that impacts their farm transition.

Session Three: Thursday, Feb. 9: The focus will be on legal issues in planning a farm transition. Jason Wagner, an attorney with Wagner Oehler Ltd., will share his experience and knowledge regarding legal aspects that need to be considered when planning a farm transition.

Session Four: Thursday, Feb. 16: The focus will be on communications and intergenerational considerations which are critical to a successful farm transition and that are often overlooked.

Session Five: Thursday, Feb. 23: The focus will be on long -term care issues. Kate Graham, an attorney with an elder law focus, will share her knowledge and experience of what needs to be considered when planning long-term care and how a farm transition can be impacted.  

Session Six: Thursday, March 2: The focus will be on integrating all that has been discussed and sharing resources (people, organizations, and materials) that are available to help continue the farm transition planning process. The goal is for each family to create individual next steps to continue the farm transition planning process once the course is over.

To register, click here.

View Full Calendar

Recent Posts

  • Workshop on ‘3 Secrets for Increasing Farm Profit’ March 23 in Red Wing February 2, 2023
  • Regenerative Farming Systems ‘Peer-to-Peer’ Workshop March 1 in Bellechester January 26, 2023
  • Line 3 Environmental Damage & State Regulatory Failure January 12, 2023
  • ‘Exploring Conservation on Rented Farmland’ Online Workshop Jan. 24 January 3, 2023
  • Our Minnesota Food & Farm Campaign Platform December 22, 2022

Montevideo

117 South First Street
Montevideo, MN 56265

(320) 269-2105

Lewiston

180 E. Main Street
Lewiston, MN 55952

(507) 523-3366

Minneapolis

821 E. 35th Street #200
Minneapolis, MN 55407

(612) 722-6377

Copyright © 2023 Land Stewardship Project. All rights reserved.

https://landstewardshipproject.org/courts-decision-a-win-for-land-communities-farms