Union Farmer - March 2020

FARMER UNION

www.ndfu.org

FAMILY AFFAIR

Van Bruggens committed to Farmers Union youth program MARCH 2020

GET TO KNOW A FARMERS UNION INSURANCE AGENCY

Jerry Essler Agency KENMARE

My name is Jerry Essler. I was born and raised in Kenmare, and graduated from Kenmare High School in 1981. I have been married to my wife, Anita, for 30 years. We have two children, Meghan, who is a doctor of chiropractic and currently works in Minneapolis, and Jonathan, who currently is working in my agency.

I started my career in insurance in the spring of 1983. I was attending college at the University of North Dakota when I received a call from my dad, Allan. He told me that his current partner was leaving and asked me if I would like to join him in his agency.

I decided that I would return to Kenmare and get a start in the insurance business. I was now the third generation of Esslers to work in the agency. In 1992, I was contracted as an agent and was located in an agency in Minot along side Don Larson. My father retired from Farmers Union in 1999, and I then moved back to Kenmare and have been here ever since.

The part I like best about being an agent is my clients. I enjoy every opportunity I get to sit down with them and hear their stories. Some of the best stories are those that include the ones that include my father and grandfather, Pete. I believe that listening

to clients is very important so that I can better understand their needs for insurance.

Locally, I have been a volunteer on the Kenmare Ambulance Service for 20-plus years, current president of the local chapter of Dollars for Scholars, past president of the Community Development Corporation and coached high school golf at Kenmare High School. I believe in giving back to a community that has supported me over these past years.

Jerry Essler Agency 100 N Central Ave Kenmare ND 58746 PH: (701) 385-4048

UNION FARMER MAGAZINE Volume 67 • Number 3

The UNION FARMER is published monthly

by North Dakota Farmers Union at 1415 12th Ave SE, Jamestown, ND 58401.

EDITOR: Chris Aarhus 800-366-8331 ext. 118 caarhus@ndfu.org Annual subscription is $30 with membership.

Periodicals postage paid at Fargo, ND. POSTMASTER: Send address changes to: NDFU • PO Box 2136 Jamestown, ND 58402-2136 Copies mailed this issue: 30,551 • USPS 016-211

SIMPLY DIFFERENT! FIND US ON THE WEB:

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BOARD OF DIRECTORS: President: Mark Watne • Vice President: Bob Kuylen • Secretary: Wes Niederman Treasurer: Ronda Throener • Jon Iverson; Shane Sickler; Tyler Stafslien; Ryan Taylor; Michelle Ziesch.

2 • March 2020 • Union Farmer

Overproduction is ag’s big problem

Serving the membership of North Dakota Farmers Union as president opens many doors to visit with leaders. I try very hard to communicate the opportunities and challenges that agriculture faces. I tend to be solution-based in my dialogue, as NDFU strives to enhance the wellbeing of family farmers, ranchers and rural communities.

In the conversations I have, I am amazed at the lack of vision and the unwillingness to even communicate options beyond traditional expectations of what can change.

Agriculture faces a number of huge dilemmas. We are very good at production, so we overproduce the market. Logistically, we cannot connect our oversupply of food with starving people. The industries that supply us, buy our products and transport our products are so concentrated and vertically integrated that competition is nonexistent. Each of these issues limits our potential for success as we get paid less for our products and pay more for our supplies.

I write about this today because the other leaders that I visit with seem to think we can solve this challenge by simply producing more products regardless of the price. For example, if we expand animal agriculture in North Dakota, we will add value to our commodities. This may be true, but we are overproducing animal agriculture products already. Dairy farms are going broke in other states because there is too much milk on the market. Beef prices are lower due to extra production and imports. So, does it make sense

to add more production knowing it will drive prices down even more? I say we should expand animal agriculture when economics suggest it can be profitable. I also say “value added” only works when the added value ends up in the hands of the farmers and ranchers taking the risk.

When I try to compare food production to other industries, the one difference that continues to show up is the lack of supply management. In the auto industry, manufacturers produce the expected number of cars they plan to sell. They do not store the extra inventory. They offer rebates and move overproduction out before the next year’s new car release. In agriculture, lower food prices do not translate into people adding another meal. A car rebate does generate more people willing to buy a vehicle.

Food is essential to life, so it is different than a desired product. We need a balanced approach to food production. The “open market” will never pay farmers and ranchers for their production at a level that will sustain a farm or ranch when we have massive supplies. We need better farm programs, we need supply management, we need help with logistics to feed the world’s hungry population, we need international reserves, and we need to limit monopolistic practices.

It is time for a real conversation about production agriculture. The old way of simply overproducing the market is unsustainable.

Adding additional production to an oversupplied market only leads to lower prices.

SEND US YOUR PHOTOS! Do you have some eye-popping photos of field’s work last fall or this winter?

Email your photos to caarhus@ndfu.org. Please include any appropriate details including where it was taken.

By sending photos, you acknowledge NDFU’s right to use photos for its purposes.

NDFU.org • March 2020 • 3

POLICY HOPPER FROM NORTH DAKOTA FARMERS UNION

Ranchers, consumers deserve COOL

BY MATT PERDUE, NDFU

The tag on your shirt tells you where it was made. Your computer is engraved with its location of manufacture. The sticker on an apple at the grocery store probably tells you the country – and maybe even state – of origin. But when it comes to a steak, you have no reliable way of knowing where it comes from.

North Dakota Farmers Union has long been a strong advocate for accurate, transparent labeling on food products. We believe that Country-of-Origin Labeling (COOL) benefits both producers and consumers. COOL is a valuable marketing tool for U.S. farmers and ranchers, who raise some of the best beef and pork in the world. And consumers, 89 percent of whom support mandatory COOL, are increasingly concerned about where their food comes from.

However, the fight for truth-inlabeling has been an uphill battle for decades.

In 2002, Farmers Union played a key role in securing mandatory COOL in the Farm Bill, only to see the law’s implementation delayed until 2008. Just six years after COOL went into effect, Canada and Mexico successfully

challenged the law at the World Trade Organization. Rather than fight for COOL’s inclusion in the North American Free Trade Agreement (NAFTA), Congress chose to quickly repeal the law.

When President Trump began renegotiating NAFTA in 2017, many U.S. ranchers and consumers were optimistic that his support for “Buy American” policies would extend to COOL. Despite calls from Farmers Union and our allies, the new United States-Mexico-Canada Agreement (USMCA) represented yet another missed opportunity on COOL. As the seemingly endless climb to reinstating COOL continues, the voluntary “Product of U.S.A.” label has been exposed for deepening consumer confusion.

The label, which ironically exists in part to comply with other countries’ COOL requirements, should be leveraged as a tool to protect U.S. farmers’ and ranchers’ market share.

Instead, the U.S. Department of Agriculture (USDA) allows “Product of U.S.A.” to be slapped on meat derived from animals that are born, raised, and even slaughtered in other countries.

NDFU has repeatedly argued that the “Product of U.S.A.” label

“Product of the USA”

4 • March 2020 • Union Farmer

should be reserved for animals born and raised on U.S. farms and ranches. We have supported two separate petitions calling on USDA to improve its labeling standards. The first of those petitions was submitted in the fall of 2018 and garnered 2,581 comments. However, USDA’s standards remain unchanged.

Progress on truth-in-labeling has been slow in Congress, as well. On October 30, Sens.

Mike Rounds (R-SD) and John Thune (R-SD) introduced the U.S. Beef Integrity Act, which would require USDA to restrict “Product of U.S.A.” to meat from animals born, raised and slaughtered in the U.S. A day later, Sen. Jon Tester (D-Mont.) introduced a resolution supporting mandatory COOL. Neither bill has garnered additional cosponsors.

If there’s anything to learn from the fight for truth-inlabeling, it’s that we all must work even harder to make family farmers’ and ranchers’ voices heard. I’m glad I know where my t-shirt, computer and apples come from. Hopefully someday soon, I’ll know where my steak comes from too.

Don’t wait to purchase your copy of the new children’s book from North Dakota Farmers Union!

$16.95 Follow the Rhodes family and their dog Rocky as they work the family farm together! Visit ndfubook.2020brands.com to purchase your copy today, or call Brandi at 701-952-1160. Please add $5 for shipping for any purchase of 1-3 books. Call for pricing on larger orders.

NDFU.org • March 2020 • 5

a love of camp Van Bruggens committed to Farmers Union youth program

BY CHRIS AARHUS, NDFU

Rarely does a day go by when Farmers Union isn’t on the mind of Tyler Van Bruggen.

The Farmers Union Insurance agent in Valley City has made it his career, but Van Bruggen’s roots go much deeper than insurance. He’s heavily involved in the youth program in Barnes County.

“It’s been part of my life since the day I was born,” Van Bruggen said. “My two years as a camp counselor didn’t feel like work and working as an agent doesn’t feel like work.”

Not only is he an agent, he’s also Barnes County Farmers Union’s EPIC coach, directing the youth program. The program features multiple events each year – all free – and helps support youth who want to go to North Dakota Farmers Union’s summer camp.

“If you go to our pizza and bowling night, summer camp and then our EPIC event in August, you’ll get a $100 gift card to the local Cenex,” Van 6 • March 2020 • Union Farmer

Bruggen said. “It’s really a no brainer for them.”

Van Bruggen’s passion for the youth program started at an early age, as he was raised in a Farmers Union family. His father Ron is president of LaMoure County Farmers Union, and his mother Gayann was the county’s longtime youth director, a position now held by Tyler’s sister, Carly Rott.

“It was forced upon me at an early age,” Tyler joked. “They even got me into camp a year before I was supposed to. It was the highlight of every summer.”

Tyler met his future wife Angela Sandness at the now-defunct camp in Grand Rapids, not far from LaMoure. Like Tyler, Angela grew up with Farmers Union. All of the seven kids combined in the Larry and Karen Sandness and Ron and Gayann Van Bruggen families went to camp, and six became camp counselors.

“We went to camp as soon as we possibly could

all the way through high school,” Angela said.

“My grandmother, who is 96 now, taught day classes for decades and my mom took over and still teaches day classes.”

Tyler and Angela have three daughters: Kylie (10), Maya (7) and Harper (4). Kylie has gone to her first camp, while Maya is getting close. Harper may be the youngest, but she’s been just as eager.

“She’s tagged along with me when I’ve visited the camp,” he said. “She’s been begging to go already.”

Angela said Kylie going to camp makes her recall many great memories.

“It’s fun to see our oldest one go, because it’s fun to remember what that experience was like for us,” Angela said. “Making all of those friends and connections, she’ll get that same experience.

A lot of the people we were on summer staff with are married and have their own kids. They’re scattered all over the state. It’ll be fun for our kids

to meet up.”

Angela and Tyler’s dedication didn’t stop as participants in the youth program. They both helped start the NDFU collegiate chapter at North Dakota State University. Additionally, Tyler and other Farmers Union Insurance agents promote the youth program through scholarships for families who can’t afford to send their children to camp.

“We have a lot of agents buying into that,” Tyler said. “It’s an easy thing to get behind and support.”

Angela said the Farmers Union experience, starting with the youth program, has paid dividends for her family, and she feels it’s important they pay it forward.

“We gained a lot from it, even in my professional life,” she said. “The leadership skills I gained from what we did in camp and day classes, that’s benefitted me. The program really helped me. I want to keep that going.”

NDFU.org • March 2020 • 7

Farmers Union

CAMP

GRADES 3-6 (4 DAYS, 3 NIGHTS)* – $100** GRADES 7-12 (5 DAYS, 4 NIGHTS)* – $150** *Grade youth will have completed by the end of the school year **Early bird price. Price will increase $25 after May 15.

Register now at ndfu.org!

87 •• March Union 0202 yr2020 aurb•eF • gro.Farmer UFDN

SENIOR CAMP • • • • • •

June 8-12 – Lakewood Park, grades 7-12 June 15-19 – Heart Butte, grades 7-12 July 6-10 – Heart Butte, grades 7-9 July 14-18 – Wesley Acres, grades 7-12 July 20-24 – Heart Butte, grades 7-9 July 27-31 – Heart Butte, grades 10-12

JUNIOR CAMP (grades 3-6)

Heart Butte ~ near Elgin • • • • • •

June 7-10 – Bottineau, Burke, Divide, McHenry, Mountrail, Renville, Ward, Williams June 10-13 – Adams, Bowman-Slope, Grant, Hettinger, Morton, Sioux June 22-25 – Statewide camp June 25-28 – Statewide camp July 12-15 – Burleigh, Sheridan July 15-28 – Billings-Golden Valley, Dunn, McLean, Mercer, McKenzie, Oliver, Stark

Wesley Acres ~ near Valley City

• June 22-25 – Benson, Cavalier, Eddy, Foster, Grand Forks, Griggs, Nelson, Pembina,

Pierce, Ramsey, Rolette, Steele, Towner, Walsh, Wells • June 25-28 – Cass, Traill, Richland • June 29-July 2 – Barnes, Ransom, Sargent, Stutsman • July 5-8 – Dickey, Emmons, Kidder, LaMoure, Logan, McIntosh

Lakewood Park ~ near Devils Lake • June 14-17 – Statewide camp

AWARD TRIPS (invitation only)

May 2-3 – 7th & 8th Grade Lock-In June 21-26 – All-States Leadership Camp Aug. 3-6 – Third-Year Award Trip

NDFU.org remraF noinU • 0•2March 02 yrau2020 rbeF••96

RLND EMPOWERING OTHERS THROUGH

NDFU sponsors Franke, Georgeson for ninth class of Rural Leadership North Dakota

BY CHRIS AARHUS, NDFU

Sandy Franke of Jamestown admits she doesn’t have any “great desire” to run for the state legislature, but she feels ready to take the next step in her promotion of agriculture and leadership. Likewise, Donna Georgeson of Michigan, N.D., would like to take a bigger role in her rural community.

Both are getting their chance, as North Dakota Farmers Union sponsored the duo for the ninth class of North Dakota State University’s Rural Leadership North Dakota, an 18-month program designed to foster and strengthen leadership that can be applied immediately to agriculture and rural communities.

Franke said she hopes to apply what she learns in a way that encourages others to take leadership roles in their communities.

“I think the role of a leader is to empower other leaders, too,” said Franke, who sits on the board at First Community Credit Union. “How can I help someone else become a better person and leader?”

Franke, who is originally from Jamestown, and her husband Carl ran a dairy and small grains farm in Illinois before coming back in 2001.

“I grew up on a family farm and I married a farmer,” she said. “I was a CPA (in Illinois) for 11 years and did our farm taxes. I always had a rural background, and I’ve always liked helping people. I liked that (RLND) gives you leadership training specific to agriculture and rural communities.”

Franke said she was curious about the expectations but noted that RLND wants to see its participants take the next step in

The Rural Leadership North Dakota (RLND) program is an 18-month dynamic leadership development program. The RLND Program is designed for men and women who are dedicated to strengthening the agriculture community, their community and the state of North Dakota for the future.

10 • March 2020 • Union Farmer

Donna Georgeson of Michigan (N.D.) and Sandy Franke of Jamestown look at grape plants during a trip to North Dakota State University’s Agricultural Experiment Station Research Greenhouse Complex in Fargo. The tour was part of a three-day event in Fargo for the ninth class of Rural Leadership North Dakota.

leadership without demanding anything specific.

“They said, ‘We want you to continue to expand and grow and promote agriculture in the state of North Dakota,’” Franke said. “I hope to do some stuff with (NDFU) and with working with women in agriculture leadership, specifically how to empower them.”

Georgeson, who works for Leading Edge Equipment, said she learned about RLND while on a WILD (NDFU’s Women In Leadership Development program) trip with her mother. She visited with others on the trip about the benefits of RLND. “One of the things that stuck out to me was how much you learn about yourself,” she said.

Georgeson said there are specific goals she already has in mind with her training.

“I’d like to know more about what’s going on in my community,” she said. “We don’t have a recycling program – it has to be taken to Devils Lake. It’d be nice to have something either curbside or a place to drop it off. There are other

things like helping the elderly or working with farmers in my community.”

RLND features 10 program events before a graduation gala Nov. 19, 2021, in Bismarck. The class has already been through orientation in Bismarck, a personal leadership development trip to Minot and a program named, “Agriculture’s Future in North Dakota” in Fargo. There are 22 participants in the latest class.

“Every one of the seminars so far have been great,” Georgeson said. “Each time we go, you end up kind of spending more time with different people and there’s a lot of networking involved.”

The program’s next trip is titled, “National Trends in Agriculture and Rural Issues” March 16-21 in Washington, D.C. It also features an international trip in February 2021.

“It’s really a great opportunity,” Georgeson said.

“I’m looking forward to everything, and I can’t say enough about Farmers Union sponsoring me and how much I appreciate that.”

NDFU.org • March 2020 • 11

ALL ABOUT

ZONING

Through Senate Bill 2345 (SB 2345), the 2019 North Dakota Legislature revised several sections of the North Dakota Century Code (NDCC) relating to political subdivisions’ ability to regulate animal feeding operations through zoning. The revisions also affect regulations governing the Department of Environmental Quality (DEQ). This article lays out North Dakota Farmers Union’s policy on zoning, who has zoning authority, whose zoning applies if an animal feeding operation (AFO) locates to your area, the general process for enacting a zoning ordinance in your county or township, and the changes made by SB 2345.

NDFU POLICY

• North Dakota should safeguard the right of political subdivisions to enact and enforce their own zoning ordinances, and we strongly encourage all townships and counties to establish their own standards, so long as minimum state requirements are met.

• We support the North Dakota Department of Health’s Model Zoning for Animal Feeding Operations (AFOs).

• We support a comprehensive statewide land use policy with township and county zoning programs to protect agriculture’s economic interest and to assure a maximum amount of fertile land for future production of food and fiber. We endorse a land use policy that secures private ownership and proper use of land with minimum government interference.

We emphasize that the township and county zoning programs should be the only governing programs regulating zoning.

• We urge legislation that establishes and maintains a central location for a database of zoning ordinances that are created by political subdivisions (i.e. counties, cities and townships).

12 • March 2020 • Union Farmer

Which government entities have zoning authority?

In general, the state has passed zoning powers to political subdivisions.

Counties are the primary geographic subdivision of the state and there is no overlap in county boundaries or jurisdiction. Counties may, but are not required to, enact zoning regulations. Many counties do not have zoning regulations. Counties may zone any part of their geographic area which is outside of city jurisdiction.

Townships are located within the geographic boundaries of counties. Some townships have established local governments (organized townships) and others have not (unorganized townships). Organized townships may, but are not required to, enact zoning ordinances.

Cities are located within the geographic boundaries of counties, but have broader powers than townships. Cities have autonomous land use authority within their jurisdiction, so if a city has assumed authority for land use planning and regulation, there is no overlap with township or county authority.

Number of animal units*

Setback distance required for hog operations

Setback distance for any other animal operation

300 or less

No minimum setback

No minimum setback

300 to 1,000

1/2 mile

1/2 mile

1,001 to 2,000

3/4 mile

1/2 mile

2,001 to 5,000

1 mile

3/4 mile

5,001 or more

1 1/2 miles

1 mile

Even though the state has delegated most zoning authority to political subdivisions, it does have some ability to influence certain kinds of land use, such as AFO’s, through regulatory control by issuing permits for operation and requiring certain standards be met at each permitted location.

Which political subdivision’s zoning authority has control?

If an organized township has exercised its zoning authority, it’s zoning authority supersedes the county’s for any matter it has regulated through zoning. If the township zoning ordinances do not address a particular matter, the county zoning ordinances control if the county’s ordinances address that matter.

Unorganized townships have no governmental authority. Zoning within an unorganized township’s territory is controlled by the county

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

in which it is located or by the city having extraterritorial authority in the township, if the city has exercised authority for land use regulation.

Counties zoning authority applies to areas in its jurisdiction that do not have zoning ordinances enacted by an organized township or city. Counties zoning authority supersedes the state’s for any matter it has regulated through zoning. If a county has not enacted zoning ordinances then any state regulations or rules would apply to the county.

What happens if an animal feeding operation wants to locate in your county or township and there are no zoning regulations in place?

If a county or township has not enacted a zoning ordinance regulating AFO’s, the AFO is subject to the minimum setback requirements found in NDCC 23.1-06-15(7)(a) (see chart at the top).

*NDCC 23.1-06-15(7)(c) sets out how animal units are counted

One mature dairy cow, whether milking or dry, equals 1.33 animal units One dairy cow, heifer or bull, other than an animal described in (1) equals 1.0 animal unit One weaned beef animal, whether a calf, heifer, steer, or bull, equals 0.75 animal unit One cow-calf pair equals 1.0 animal unit One swine weighing fifty-five pounds or more equals 0.4 animal unit One weaned swine weighing less than fifty-five pounds equals 0.1 animal unit One horse equals 2.0 animal units One sheep or weaned lamb equals 0.1 animal unit One turkey equals 0.0182 animal unit One chicken equals 0.01 animal unit One duck or goose equals 0.2 animal unit Any weaned livestock not listed in paragraphs 1 through 11 equals 1.0 animal unit per each one thousand pounds, whether single or combined animal weight.

NDFU.org • March 2020 • 13

Steps for developing a comprehensive plan

• Appoint a planning/zoning commission.

• Survey and study present conditions and future growth in the community.

• Investigate and develop the plan, including specific goals, objectives and policies consistent

with the community’s present and future needs with respect to planning and zoning.

• The planning/zoning commission should hold a public hearing complying with all applicable

notice requirements set out in NDCC. This hearing will provide an opportunity for public input

into the process.

• After the hearing, the planning/zoning commission should adopt the plan with changes

approved by the commission, if any.

• The planning/zoning commission should submit the plan with all recommendations to the

governing body of the jurisdiction.

• The governing body of the jurisdiction should then adopt the plan, after having complied with the

applicable public notice requirements set out in NDCC. After the county or township has adopted a comprehensive plan, zoning regulations and ordinances may be adopted. The regulations and ordinances are the tools political subdivisions use to achieve the goals set out in the comprehensive plan by giving political subdivisions the legal authority to regulate land uses. It is through zoning regulations and ordinances that counties and townships can enact setback requirements for AFO’s.

How does a county or township enact zoning ordinances?

To enact a zoning ordinance, the county or township must first develop a comprehensive plan. A comprehensive plan is “a statement in documented text setting forth explicit goals, objectives, policies, and standards of the jurisdiction to guide public and private development within its control.” The NDCC does not identify specific elements which must be included in the comprehensive plan, so plans may vary with respect to the topic areas addressed.

When setting a comprehensive plan, counties should work “in conjunction with the township boards of the affected areas to investigate and determine the necessity of establishing [zoning].”

Generally, a comprehensive plan sets the goals the political subdivision wants to achieve and includes a strategy for land use and land development in the political subdivision’s jurisdiction.

What did SB 2345 change?

The definition of animal operations changed from “concentrated animal feeding operation” to “animal feeding operation.”

AFO is defined as “a lot or facility other than normal wintering operations for cattle and an aquatic animal production facility where the following conditions are met: (1) Animals,

14 • March 2020 • Union Farmer

other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for at least forty-five days in a twelve-month period; and (2) Crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.”

Setbacks for counties and townships • Prior to SB 2345, counties and townships could establish setback distances greater than the state established distances in NDCC 23.1-06-15(7) (a) by no more than fifty percent.

• After SB 2345, county and township setbacks may not exceed the state established distances unless there is “compelling, objective evidence” specific to that county or township requiring a greater setback. If a county or township demonstrates “compelling, objective evidence”, its setbacks may exceed the state established distances by no more than fifty percent.

Review procedures for setbacks • If a county or township establishes setbacks greater than the state established distances, a person whose AFO will be or has been affected may request the agriculture commissioner review the ordinance. After the agriculture commissioner’s review, he or she must provide a review summary to and request an opinion from the attorney

general as to whether the ordinance and setback are lawful.

It is unclear in SB 2345 what qualifies as “compelling and objective evidence” or who makes that determination. Based on the ordinance review procedure, it appears the attorney general will make the determination as to whether the county or township demonstrated “compelling and objective evidence” for the greater setback. SB 2345 did not set procedures for a county or township to challenge a determination that its greater setback is not “compelling and objective.” Most likely any type of determination by the attorney general (in favor or against the county or township) will get challenged in district court.

• Counties or townships establishing setbacks greater than the state established distances should clearly document the evidence they find to be “compelling and objective.”

Requirements to construct an AFO Under SB 2345, a person intending to construct an AFO may petition the county or township for a determination as to whether the AFO will comply with the county’s or township’s zoning ordinance.

To be effective, the zoning ordinance must be enacted and on file with DEQ before the county or township received the petition.

A person applying for an AFO permit must file with their DEQ permit application the county or township zoning determination (if the county or township has zoning regulations in place regarding AFO’s), unless the AFO was in existence by January 1, 2019, and there is no change in animals or animal units which would result in an increase in the setbacks.

Once the county or township receives a petition, it has sixty days to object to the petition or determine if the AFO is in compliance with its zoning ordinance. If the county or township does not object, the AFO is deemed in compliance with the county or township zoning regulations.

If the county or township determines the AFO is in compliance with its zoning regulations or fails to object to the petition, the county or township may not impose additional zoning regulations on the AFO later, if (1) the person submits their permit application promptly to the DEQ, (2) the DEQ issues a final permit, and (3) construction of the AFO commences within three (3) years from the date the DEQ issues its final permit and all permit appeals are exhausted. This exemption remains in effect even if the DEQ requires the applicant to submit a revised application, as long as there is no

Did you know?

North Dakota has 53 county governments, 1,314 township governments, and 357 city governments. Of these: 37 counties and 83 townships have enacted and filed zoning regulations and ordinances with the DEQ. To see if your county or township has filed zoning regulations and ordinances with the DEQ, go to: https://deq.nd.gov and click on Water Quality followed by Animal Feeding Operations under the NDPDES Permits list.

Click on the link to Zoning Regulations.

In 2000, a work group established a Model Zoning Ordinance for AFO’s which can be adopted by political subdivisions. Political subdivisions have discretion to alter the model ordinance to address local concerns and to meet local needs. Keep in mind, the model ordinance has not been updated since 2000, so if your county or township adopts the model ordinance make sure the provisions are in compliance with updated state law.

To view the Model Zoning Ordinance for AFO’s and other information on zoning, visit https://deq.nd.gov/publications/ WQ/2_NDPDES/AFO_CAFO/model-zoningordinance.pdf.

change to the location of the proposed AFO. Prohibitions on counties and townships Under SB 2345, counties and townships are now expressly prohibited from (1) regulating or imposing zoning restrictions or requirements on AFO’s or other agricultural operations except as expressly permitted in NDCC, or (2) imposing water quality, closure, site security, lagoon, or

NDFU.org • March 2020 • 15

nutrient plan regulations or requirements on AFO’s.

Although SB 2345 made changes to zoning for counties and townships, there are other NDCC provisions already in place that regulate zoning by counties and townships. Generally,: • Political subdivisions may divide all or any part of its jurisdiction into districts through its zoning regulations. Regulations for each district must be applied uniformly within each district, but may differ from district to district within the jurisdiction.

• Counties and townships may not “prohibit or prevent the use of land or building for farming or ranching, or any of the normal incidents of farming or ranching” through zoning regulations.

Cities may restrict the use of land or buildings for farming or ranching, or any of the normal incidents of farming or ranching. “Farming or ranching” is defined as “cultivating land for production of agricultural crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.”

• Counties and townships may not prohibit

16 • March 2020 • Union Farmer

Sources

– NDCC 11-33—County Zoning – NDCC 58-03—Township Zoning – NDCC 23.1-06—Air Pollution Control – 2005 North Dakota Planning Handbook through zoning regulations the reasonable diversification or expansion of a farming or ranching operation.

• Counties and townships may regulate AFO’s, but may not preclude the development of AFO’s.

• Counties and townships may regulate the location of AFO’s in their jurisdiction based on the size of the operation and the type of animal being fed through zoning regulations. Counties and townships regulation of AFO’s is limited because “if a regulation would impose a substantial economic burden on an [AFO] in existence before the effective date of the regulation, the county or township shall declare that the regulation is ineffective with respect to any animal feeding operation in existence before the effective date of the regulation.”

Around the state The North Dakota Farmers Union Board of Governors did a floor exercise in preparation for the National Farmers Union convention Jan. 30 in Jamestown.

NDFU and Farmers Union Insurance gave away t-shirts at the KMOT Ag Expo in Minot.

Rugby Dollars for Scholars held a fundraiser to raise money for scholarships. NDFU awarded Dollars for Scholars a $500 Community Stewards grant.

NORTHEAST

FALL FOILAGE TOUR

OCT. 5-22 See the beautiful Northeastern countryside, including Monticello, Mount Vernon, Arlington Cemetery, U.S. Capitol, Smithsonian, Gettysburg, Amish country, New York City, the Mayflower, Plymouth Rock, Boston, Niagara Falls and more!

$2,450 a person (double occupancy) $3,250 a person (single occupancy) Price includes transportation, lodging, attractions & some group meals.

Call 800-366-8331

Griggs County Farmers Union President Ron Halvorson presents a $500 Community Stewards grant to fire chief Scott Bakke on Jan. 26.

Ask for Eunice (ext. 108) or Jeff (ext. 111)

SEATS STILL AVAILABLE TO BRANSON Nov. 2-8 and Nov. 30-Dec. 6

NDFU.org • March 2020 • 17

WHY THE CENSUS COUNTS

BY CHRIS AARHUS, NDFU

The census has always had a public relations problem. Its benefits aren’t immediately felt, it takes a tremendous amount of coordination and time, and it’s voluntary. Getting citizens to participate is no easy task.

“It’s hard to come up with something really sexy,” said Kevin Iverson, manager of North Dakota’s census office. “People don’t think about the direct impacts and indirect impacts to themselves.”

Make no mistake, however, it affects everyone. For every missed resident, a community is missing out on $19,100 in federal funds.

“For many small communities, it’s kind of like not treating your high blood pressure,” he said. “Nobody dies from it, but you die from the systemic thing it causes. If your community has an undercount, you’re saying you have less people than you think you do. That affects the 320 federal programs that could potentially result in money coming into your area.”

Infrastructure projects can be costly in rural communities, but typically come with a federal match. If a project doesn’t get the full federal funding based on the size of a

$19,100 in missed funding for one missed resident

18 • March 2020 • Union Farmer

community, that money will have to come from somewhere, Iverson said.

“That’s how you end up with higher local taxes,” he said. “Now you have to tax yourselves more. People never tie this stuff into undercounting in the census.”

Iverson said 26 percent of North Dakota households didn’t respond to the census in 2010.

“That’s one in every four – we’ve got to do better than that,” he said.

To combat those misses, the census has 40 Complete Count Committees across the state. Iverson said it’s hoping to be more accurate in smaller communities, where the response rate is typically lower.

Iverson said many people also don’t realize legislative districts use census results to draw lines. But even more than that, the results of the census are essentially etched in stone for a decade.

“You will live with them for the next 10 years – you do not get a fix,” Iverson said.

“If we screw this up, the next fix is 2030.

This has long-term impacts for us. We went from the 29th youngest state to the fourth youngest state. That’s fairly dramatic. It’s important for all of us to be counted in the census.”

$44,312 in missed funding for one missed household

$15 million in missed funding for state when count off by just 0.1 percent

Photo courtesy of Gene Hanson

NDFU.org • March 2020 • 19

PRODUCERS SHOULD START FARM BILL ENROLLMENT

20 • March 2020 • Union Farmer

There are several reasons producers should visit their Farm Service Agency (FSA) office now to enroll in the Agriculture Risk Loss (ARC) and Price Loss Coverage (PLC) program, says Andrew Swenson, North Dakota State University Extension farm management specialist.

“March 16, 2020, is the enrollment deadline for the 2019 crop year, but FSA offices have multiple programs competing for the available time and attention of their staff,” Swenson says.

“The longer a producer waits to schedule an appointment, the fewer options they will have to schedule a time and date that works best for them,” Swenson says.

“Because of the importance and complexities of the ARC and PLC programs, producers should start the enrollment process now to ensure their elections are made and contracts signed ahead of the deadlines.”

If a producer fails to enroll by March 16, they will be ineligible to receive 2019 ARC and PLC payments.

There is no downside to enrolling now, as producers have the option of revising their ARC and PLC program election up to the March 16 deadline.

ARC provides income support payments on historical base acres when actual crop revenue declines below a specified guaranteed level. PLC provides income support payments on historical base acres when the national marketing year average (MYA) price for a covered commodity falls below its effective reference price.

Producers have the option of either selecting

PLC or ARC-County on a crop-by-crop basis within each FSA farm unit, whereas the ARCIndividual program option includes total crop base acres of the enrolled farm. The sign-up decision is for both the 2019 and 2020 crop years.

Swenson says that given current price projections, wheat base should provide payments under both PLC and ARC-CO, but PLC should be the best choice unless the farm’s payment yields are very low. PLC payments are more likely and should be higher for the 2019 crop year.

“It is likely that soybean base will not provide payments under either PLC or ARC-CO,” Swenson adds. “However, ARC-CO is the better choice for soybean base, because of the possible lower county average yields reported for 2019.”

“I cannot see a clear favorite for corn base; currently neither option looks favorable for 2019 crop year payments,” Swenson says. “The national MYA price would have to drop $.15 per bushel from the current projection of $3.85 before reaching the reference price of $3.70, below which PLC payments would be made.

Given the current price projection, 2019 county average corn yields would need to be greater than 17 percent below the county’s benchmark yield to trigger an ARC-CO payment.

Currently, PLC is the clear choice for canola base acres and it also looks like the best option for barley and sunflower base.”

Online ARC and PLC election decision tools also are available at https://www.ag.ndsu.edu/ farmmanagement/farm-bill.

Article courtesy of NDSU Ag Communications

NDFU.org • March 2020 • 21

CLASSIFIEDS

Ads must be submitted through the online form at www.ndfu.org. Click “Classifieds” at the very bottom of ndfu.org and follow the instructions. Ads must be re-submitted each month. No exceptions!

Deadline is the 15th of every month.

Limit 75 words.

MEMBERSHIP DUES MUST BE CURRENT!

FARM EQUIPMENT FOR SALE JOHN DEERE SNOWBLOWER, 6 ft, two augers, around 10 years old. Asking $1,200. Call for more details. 701-7303999, Daniel Pease, Wheatland.

STOCK TRAILER, 1987 Econolite 7x20 Gooseneck, aluminum, wood floor. $4,500.

701-882-3309, Mike Bunn, Sheldon.

HONDA TWIN CYLINDER, 16 hp, electric start, vertical shaft motor. Also has oil filter.

This engine was purchased to put on a mower. Has not been mounted or started.

Asking $300. No texts please. 701-3518422, Tom O’Brien, Cando.

HURRICANE DITCHER, new, never used, Model #24. Asking $13,000. 701-763-6327, Gordon Greer, Cleveland.

BOBCAT SKIDSTEER PARTS, front door with glass and all side windows for 1999 and older models. Asking $1,000. 701-7890966, Allen Gruman, Cooperstown.

2005 JD 1890 30 ft no till air seeder and 1910 tow behind cart. 2 compartment cart-195 bushels total. Air seeder has been gone thru with new discs, new rubber on mud smith wheels, boots all good, and new seed tabs. Loosened and replaced many gage wheel adjusting arms and replaced wore out bushings. Over 9k in parts, many hours. Brown box monitor. Price includes new front meter on cart. $55,000 OBO. Call for pictures/questions. 701-321-5711, John Kempf, Ashley.

4-WHEEL STEEL TRAILER, to park in corral, 15-30 McCormick tractor, 2 cream separators, late-model Super M, w/live PTO, 1 new tire LT245-75R-17, Load Range E, saddle & 2 bridles, 1905 JD metal corn sheller. Covered wagon running gear. 1950 2-wheel bicycle. Horse potato cultivator, small square bale buncher.

Email larryn@westriv.com. 701-597-3730, Larry Nagel, Shields.

JOHN DEERE 3020, standard power shift, diesel, 2 hyd cab add on, 3 pt. $8,000; Crown snowblower 540 PTO hyd chute rotation, fair condition $1,000; 2017 Husqvarna YTA 23V48, 48 inch deck 3bag bagger only 85 hrs; 42 inch front mount snowblower with chains and weights like new $2,500; Husqvarna YTH 2348 48 inch deck weak motor $300. 701-269-0222, Keith Struble, Jamestown.

PORTABLE WIND BREAKS, 2 and 7/8 pipe frame with guardrail, 6 or more $650 each, also have portable corral panels, $285, can deliver. 701-400-5742, Gerald Miller, Mandan.

22 • March 2020 • Union Farmer

851 NH AUTO WRAP BALER, $500, also many new and used baler parts.

Hydrostatic drives for Versatile swather $200 for the set or $125 a side; 2 bottom horse drawn plow, also 5 ft horse drawn mower. Vintage steel dump rake wheels; 881 IH corn chopper 2 row 30-inch rows and also hay head; Parting out 1976 Ford pickup, frame, 4 speed transmission, transfer case, front and rear ends, and all cab glass is good OBO. 701-424-3670, Jerry Miller, Streeter.

BUCKETS, 8’ MDS heavy duty rock/ brush/scrap bucket; 7’&8’MDS Euro-global buckets; 8’ MDS-JD Classic Tach bucket w/ 5-tine grapple; 8’MDS 148-158 bucket w/ JD grapple; 7’bucket w/ Koyker quick tach; 9’MDS bucket w/ 5-tine MDS grapple w/ Koyker quick tach; MDS adaptor from skid steer to Euro-Global; MDS rock badger; 10’MDS heavy snow pusher w/ skid steer attach; Skidsteer 5000 lb pallet forks (1 hydraulic adjust); 4 used Bobcat buckets; 701-709-0103, Allen Wald, Edgeley.

TIRES, 4-1000x15 bias lowboy tires $50 each; 2-1300x24 foam filled tires with 10 bolt rims $500. 701-286-7345, Marc Sundquist, Baldwin.

WANTED

CASE WDX SWATHER 1203, 30 foot, mint condition 195 hours; 12 foot preform roller, hyd, lift, priced to sell. Must see to appreciate mint condition; Canola Roller, 8 foot pickup topper, racks for guns or rods that open outside. Grey blue color; Antique singer sewing machine. Good shape. Make offer on each item; Golden Brand electric chair; Used only few hours. Mint condition.

701-263-1206, Lathan Romsos, Bottineau.

JD 16 FT CHISEL PLOW, $450; 8 ft Martin Snow Blower, 3 pt. like new; IH Farmall M tractor-narrow front; 22 ft. Noble V blade plow, $250; 8x16 flatbed trailer, made from a truck chassis, has steel floor and tilt bed, $450; Old JD grain elevator, paddle type; Horse drawn 2 row corn planter and one row corn cultivator; and a Western Saddle with padded seat, bridle, pad and breast collar. 701-483-4825, Richard Jablonsky, Dickinson.

1990 JD 8760 4-WHEEL DRIVE, no PTO, no 3-pt. good shape 10,000 hours; 2004 Morris Maxxum II 34 ft air seeder 10 inch space hoe drill low acres 7240 tank. 701529-4887, Joe Price, Douglas.

VERN’S CALF FEEDER, $1000 OBO; Scraper tire water tank with solid steel bottom $1000 OBO. 701-210-1938, Tim Pahl, Oakes.

SUND PICKUP PARTS, brand new, teeth, draper belts, and complete wind guard, complete tire and rim, roller pins and bushings. Kenny Heilman, 701-771-8653, Rugby.

NUMEROUS HOPPER BINS; Case IH 75A Farmall FWD tractor w/540 loader, no cab, 202 hours; Mayrath 6x28 ft grain auger w/engine; 40 used Lange anhydrous knives; anhydrous nitrolator w/hyd shut off & hoses; steel fence posts; used cultivator shovels; transition & aeration screens& fans; 25 ft heavy duty 5/8 alloy log chain; closing wheels plus hardware for 50 ft 3320 Bourgault air seeder; Hudson electric stock tank heater. 701-629-9003, Doug Halden, Stanley.

D MODEL 1610 CHISEL PLOW, 41 ft, new 4 ft shovels, newer 3 bar harrow $6000; Hydraulic cylinders (3 total) 4” x 16” for log splitters $75 each; Belt pully assembly and new draw bar for Farmall H or M $100; 42 inch mower deck off a JD LT166 sandblasted and repainted, $200. 701-7890966, Zeke Gruman, Cooperstown.

88 OLIVER GAS TRACTOR, with 3 pt wide front end, excellent condition; 7x12 Case farm trailer with hyd. hoist; Massey round baler #450, good condition used last year. 701-794-3477, Chris Holwagner, Center.

TRACTORS; IH 806, 1206, 856, 1256, 1456, 1066, 1466, 1566 and others; JD 5020, 5010, 6030, others; MM, 950, 1000, 1050, 1355; Olivers 1963 and newer; AC 210,220 D_21, all wanted running or not.

701-628-2130, Jerry Lumley, Stanley.

NEW HOLLAND 499, haybine, working condition. 701-721-5011, Harry Hystad, Velva.

STOCK TRAILER, 6x16 bumper stock trailer. 701-882-3309, Mike Bunn, Sheldon.

CULTIVATOR, John Deere or International 4500 with harrows or Vibra Shank with harrows, 20 ft. 701-974-3628, Robert Jurgens, Taylor.

DC4 CASE TRACTOR, good running gear, tires & motor not important. 701-331-0116, Dennis Brodina, Lankin.

IH PRESS DRILLS, any size any condition, also looking for used tillage disks, and sickle mowers. 701-400-5742, Gerald Miller, Mandan.

MISCELLANEOUS FOR SALE NORDICTRACK ELLIPTICAL ACT, adjustable stride, original price $1200, asking $750. 701-696-2572, Jim Enlow, Manvel.

GRILLE PROTECTOR, “Ranch Hand” GMC-Chevy pickup. $860. Will sell for $400. Fit 2015-19-year models. Email larryn@westriv.com. 701-597-3730, Larry Nagel, Shields.

HONDA 4-WHEELER, real nice one, must be next to new, red and with low miles.

Kenny Heilman, 701-771-8653, Rugby.

KAWASAKI SIDE BY SIDE, 2510 Mule, high & low range, 4-wheel drive, windshield & roll bars, 490 actual hours. 701-6299003, Doug Halden, Stanley.

TIRES, 4 new 225/70R19.5 14ply grips; 4 new 245/70R19.5 16ply hiways; 1-20.8R42 GY DT-710 @95%; 2-new 18.4x34x8ply; 2-new Titan 18.4x38x8ply; 2- 16.9x26x10ply FWD’s @70%; New 18.4x30x12ply Titan R-4 tread for SP discbine; 2-new GY 520/85R42; 4 GY 620/70R42 @75%; 4 Firestone 620/70R42 @50%; 2 new 14.9x24x8ply & 2 new 16.9x24x8ply (combine rears); 2 new 11.00x16x8ply fronts; 2-new 14Lx16.1-4 rib fronts; 701-709-0103, Allen Wald, Edgeley.

CABOVER TRUCK, 1940s or 1950s, Chrysler Hemi engine; 1960s International pickup. Any condition. 701-680-1079, Dylan Ekstrom, Forman.

Founding Farmers

Roasted tomato soup INGREDIENTS (serves 4) 3 tbsp olive oil 3 garlic cloves, minced 1 small yellow onion, chopped 3 ounces dry sherry 1 bay leaf ¼ tsp crushed red chili flakes 3 cups diced tomatoes 3 cups tomato juice 3 cups water

½ tsp Tabasco sauce 1½ tsp Worcestershire sauce approx. 1 cup chunk day-old bread, torn into pieces 1 tbsp roughly chopped fresh basil ½ cup heavy cream 1 tbsp honey 6 sprigs fresh thyme ½ tsp each kosher salt & fresh ground black pepper (or to taste)

INSTRUCTIONS In large pot, heat oil over low heat. Sauté garlic/onions and cook until translucent. Add: sherry, bay leaf & chili flakes. Continue cooking until sherry is reduced by half. Add tomatoes, tomato juice, water, Worcestershire & Tabasco. Bring to a low simmer. Cook for 10 minutes. Remove & reserve bay leaf. Add day-old bread pieces; continuing to simmer for 10 minutes. Stir in basil, cream & honey. Remove from heat. With immersion blender, puree mixture until bread is broken down & consistency is smooth. Season with salt & pepper. Return bay leaf to pot. Add thyme. Let steep for 10 minutes. Remove bay leaf & thyme before serving.

WANTED PLYWOOD, new or used, ½ or 3/4 , doesn’t have to be full sheets, any size. 701-947-2915, John Scanson, New Rockford.

LAND to build house on, for health reasons, needs to be away from traditional agriculture, oil wells, coal mines and close neighbors. If you have anything that might work, shoot me a text or call. 701-202-9647, Nancy Macbeth, Mandan.

HERCULES JXD ENGINE OR PARTS, any condition considered. Call or text. 701-308-1371, Greg Anderson, Jamestown.

OLD STUFF, North Dakota license plates, advertising signs, clocks, crocks or thermometers, could be pop stuff, gas station stuff, grocery store stuff or machinery advertising stuff. Also look for ND tokens and flint arrowheads. 701-220-5746, Val Ganje, Bismarck.

PRAIRIE DOG HUNTERS to come & hunt on my land. Make reservations now. Email larryn@westriv.com. 701-597-3730, Larry Nagel, Shields.

SAFETY

MADE SIMPLE

ONLY 17% OF CROSSINGS IN ND HAVE ACTIVE WARNING DEVICES. Always expect a train Never stop on tracks Look and listen

Dedicated to preventing injuries and saving lives.

A private non-profit.

www.ndsc.org

NDFU.org • March 2020 • 23

Farmers Educational and Cooperative Union of America, ND Division

PERIODICALS – POSTAGE PAID

1415 12th Ave SE PO Box 2136 Jamestown, ND 58402

We Know Farming

This year’s crop…

It’s your livelihood for today and tomorrow.

Planning every last detail to get the most from your crop should include multi-peril crop insurance.

We can help. We know farming.

Home Auto Crop Life Health Business Farm & Ranch

• • • • • • •

Not all products underwritten by Farmers Union Insurance.

For more information, email us at info@fumic.com or visit www.fumic.com

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