New tenant farm rules proposed in Westport

Aim to prevent repeat of town's infamous cruelty episodes

By Bruce Burdett
Posted 12/14/18

WESTPORT — The Board of Health last week revealed a proposed set of rules to govern tenant farms in Westport with the hope of preventing any repeat of the sort of farm animal ‘house of horrors’ …

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New tenant farm rules proposed in Westport

Aim to prevent repeat of town's infamous cruelty episodes

Posted

WESTPORT — The Board of Health last week revealed a proposed set of rules to govern tenant farms in Westport with the hope of preventing any repeat of the sort of farm animal ‘house of horrors’ revealed twice in the woods off American Legion Highway.

Comments at a public hearing were mostly positive — including from several who have been vocal critics of the BOH over animal cruelty issues in the past.

The one major disappointment — that the town Agricultural Commission had not yet met to discuss the matter. The BOH announced at the outset that they would not take a vote on the regulations that evening because they had not yet heard from the Agricultural Commission.

“I came tonight to say two words for you — ‘Thank you,’” said Kathy Feininger of Stop the Insanity, Westport.

“However once again I am sad because I took the time to clear my schedule because it was a public hearing to discuss and vote on it. I found time in my day to do that … but once again we are waiting for the Agricultural Commission.”

What the rules would say

BOH member Phillip Weinberg, who took the lead in drafting the proposed ordinance, offered an outline.

The ordinance, he said, provides a permit process for tenant farms to determine that the site is appropriate and to establish standards to prevent a threat to the public’s and the animals’ health and safety.

It would apply to livestock — animals and poultry, but not pets or bees.

“We define a tenant farm as” …

— Any site with two or more tenant operators;

— Or any site of less than five acres with one tenant operator.

That latter was included, Mr. Weinberg said, because of the likelihood that property of less than five acres would be close to other residences “and we want to be sure that the number of animals being kept is appropriate to a small site.”

Both property owner and tenant would have to apply for a permit, a process that would include public notice and hearing and a preliminary inspection. It would also be required that the BOH agent be allowed in to inspect and that any obstruction or hiding of animals from the inspector would be considered a violation.

There are also rules governing manure, structures and other aspects of the farm.

“Thank you for what looks to be a very well thought out set of regulations,” said Constance Gee.

She did, however, have questions.

Why is it, she asked, that the document seems to make an exception allowing a single tenant on a property of over five acres to operate without a tenant farm license?

“I can think of one very prominent person in town that this would apply to — is this a personal exemption for this person? Why is this written like this?”

Mr. Weinberg replied that the problem the BOH is trying to address has mostly involved multiple tenants. “It did not seem that for a large property that there was any need to impose (the need for a permit) when there is only one tenant farmer.” They did not want to over-regulate.

Ms. Gee also worried about a stipulation that manure may not be “put on the ground within 150 feet of the high water mark of any water supply.

“Is that really far enough from a wetland, stream or river if you are talking about a large amount of manure?”

Mr. Weinberg replied that the wording leans on that of other towns and of Westport’s piggery and equine rules.

“Westport is not other towns,” Ms. Gee said. “We really have an amazing ecosystem and it is all about water … Our river is in bad shape.”

Tanja Ryden also asked about that, suggesting that the wording state “surface water or water supply source.” Mr. Weinberg agreed that that would be an improvement.

The final hearing on the matter, assuming the AgCom replies by then, is set for December 17.

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