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I Fought the Law, and I Won!
My wife,
Joan and I were down in the paddock, completing the morning chores, when we
saw a Solano County car drive away from the house. Joan waved, but he just
kept driving. When the scooping was finished we came up and found a
business card, from the Solano County Code Enforcement Officer, stuck in the
door and a message on the office phone. I immediately called the number to
find out what it was all about. The officer informed me his office had
received a complaint that the 37 alpacas on our property were far more than
local zoning laws allowed. “Alpacas are not listed in the county
regulations, so how do I know what is too many”, I asked. “We can’t list
every animal”, he responded, “I’ll check when I get back to the office and
let you know what category your animals fall into”. That afternoon he
called back and said that he was classifying the alpacas in the same
category as horses and cattle. “That doesn’t make any sense”, I argued.
“Well, I have to put them somewhere. You are welcome to talk to the
Planning Commission, if you like, but for now that is where I have placed
them”, he stated.
“That
means you can not have more than 2 alpacas per acre. You
will be receiving a letter shortly, which will explain what you need to do”,
he said in closing.
Needless
to say we were devastated. I felt like someone had kicked me in the
stomach. Neither of us slept well the next couple of nights, just trying to
figure out what to do. And what had we done to cause someone to complain
about our animals? Could we sell, and move to a different county? Should
we just get out of the alpacas business? Just what are we going to do?
Sure enough a couple of days later, we got the official letter, by
certified mail. Solano County informed us that we had 30 days to reduce our
herd to no more than 10 alpacas! Our first impulse was to give up, but then
we got to thinking: we should go down fighting!
I
remembered that another ranch had just recently gone through this same
situation. I called that breeder, seeking advice. She was terrific!
“First of all, calm down, control your temper!” she admonished. She
realized that I wanted to strangle who ever had done this to us. She gave
me several ideas of how to proceed. She suggested that I contact AOBA Board
Director Steve Hull, PhD as he had helped her greatly with her battle.
I contacted Dr. Hull, and he immediately sent me a letter he had written
about the environmental impact of alpacas. Apparently Kathleen, as well as
others across the county had used the letter to help them in similar
situations. I called and emailed several Calpaca Members, asking for any
information about a county which actually recognized alpacas, and how they
were treated. Thank Heavens for such a great group of people. Several
members sent me information concerning their respective counties. I also
received information on a piece of legislation called the “Right To Farm
Act”. Check and see if Solano is a “Right to Farm” county, one member
wrote. If so, it may be very helpful. I checked and my county is part of
the Right To Farm Act, which gives me some protection. I was also sent an
article by Dr. David Anderson outlining the environmental impact of alpacas,
and comparing them to other animals. I contacted Dr. Dennis Wilson at UC
Davis Veterinary School and asked him to please write a letter for me, as UC
Davis is in the adjoining county.
Our
property is zoned Rural Residential, which list different categories from
"Horses & Cattle" at 2 per acre, down to "Sheep and Goats" at 10 per acre,
with several categories in between. Every county for which I had
information either exempted Alpacas all together, or equated them to "Sheep
& Goats". The article from Dr. Anderson, as well as the letters from Dr.
Hull and Dr. Wilson each equated them as sheep. Armed with all of this
information, I went to see the Planning Commission. After a long wait, one
of the Commissioners came out to meet me, and I began to lay out my case.
It did not take me long to convince him that Alpacas were not Horses (thank
goodness for that), but he was still not convinced they were sheep. He
thought that they should be classified as "Yearling Cattle", a category that
would allow me to have five per acre. He said that he wanted to consult the
Solano Ag Extension agent and ask his advice, and that he would call me.
He
called me later that afternoon, saying that he had talked to the local Ag
Extension Agent, who informed him that Alpacas were, in fact, like sheep
when considering their impact on the soil and environment. “I guess you are
right. Therefore, you can have up to 10 per acre,” he told me over the
phone. “Great!” I responded; “please send me a letter to that effect, so
that I have something in the file.” He said that he would, and I thanked
him for his time. Well, two weeks passed without the letter arriving, so I
called the Commissioner and asked about it. “I drove by your place the
other day,” he started out, “and you know they are a lot bigger than I
thought. I’m sorry, but the best we can do is to classify them along with
yearling cattle, which would allow you to have a total of five per acre,” he
stated with finality.
Every
article and letter I presented showed alpacas should be classified as
sheep. Most stated that you should have a stocking number even higher than
sheep. So where do I go from here? I was told that I might want to talk to
the Solano County Agricultural Commissioner. With nothing to lose, I set
out to find his office. I approached the young lady at the desk, and asked
if I could have a business card for the Ag Commissioner so that I could
write or call for an appointment. “He’s standing right over there, would
you like to talk to him” she asked? With that, Mr. Jearl Howard, looked up
and walked over to meet me. What a difference in attitude between these two
offices. Unlike the Planning Commission, this office seemed eager and
willing to help me. “What can I help you with?” he asked. I related my
story, telling him about all the information I had given to the Planning
Commission. “If you can give me copies of all of that, I promise I will
look into it for you,” he said as he shook my hand. I left him copies of
articles, letters, everything, to include a picture of an alpaca with my
granddaughter.
Two days
later, while I was at work, I got a call from my mother-in- law. “Can you
come home?” she asked. “The Ag Commissioner is here.” I ran home to find
Mr. Howard, his wife, and my mother-in- law, in the pasture surrounded by
our female alpacas and cria. Mom and several cria entertained Mrs. Howard,
while Mr. Howard asked questions about our operation. They stayed for close
to two hours, asking questions, getting their hands on many of the animals,
and observing just how we managed our ranch.
As he
was leaving, he asked if any of the Planning Commissioners had actually
visited the ranch. “Well, the Enforcement Officer, left his card, and one
of the Planning Commissioners told me he had driven by,” I told him. “Did
either actually get out of the car, and come down here to the animals,” he
asked? “No,” I said. He just shook his head. “I wanted to stop by
unannounced, and see just how you run your operation. After visiting, I can
agree with all of the information you have presented. I have been a sheep
rancher for 25 years, and I can see no reason why you should not be allowed
to have at least as many alpaca, as the county allows for sheep,” he said
with a big smile.
“Have
you taken this to the County Board of Supervisors,” he asked? “No,” I said.
“Do you mind if I talk to them on your behalf?” he inquired. “If you think
it will help, please do so,” I replied.
A few
days later, I received a copy of the letter Mr. Howard had written to the
Planning Commission and the County Board of Supervisors. He emphasized that
he had made an unannounced visit to our ranch. Was very impressed
with how clean the animals were, compared them to several of his sheep, and
urged the Planning Commission to reconsider and at the very least put
alpacas in the same category as sheep. The following day, I received a
visit from the County Enforcement Officer, who had written the original
letter. This time, he got out and walked with me down to the pasture. He
told me that the Planning Commission was going to classify alpacas with
sheep, and that I was fine with my ranch. He promised a letter confirming
that, and I received the letter a few days later. Who says you can’t
fight City Hall?
If you
find yourself in a similar situation, don’t panic. First of all, there are
lots of good alpaca people out there, who are only too happy to help you.
In my experience, working with the County and with a separate issue at the
State level, it is the Agricultural agencies which offer us the most
assistance. If you find yourself with a problem, take it to the Ag
Department of your county. These folks are truly on our side. They are
looking to promote agriculture and especially family-run farms. If your
county has an Ag Day, participate. Join the Farm Bureau or similar
organizations. Let these folks get to know you before there are problems.
If you are able to host and alpaca 4-H program at your farm, this will also
build contacts with the local Ag Extension Office. The point is:
actively seek ways to incorporate (and ingratiate) yourself with the local
livestock community.
I am very grateful for all of the people who helped guide me through this
ordeal. If not for you we might be out of the alpaca business. So please,
if you ever find yourself with a similar problem, do not hesitate to contact
us. We will gladly offer any assistance we can.
Bruce E. Nelson
Ahh…Sweet Alpacas
7924 Charlotte Lane
Vacaville, CA 95688
707-448-9157
sweetalpacas@cs.com
www.sweetalpacas.com
Author’s note:
Special thanks to:
Kathleen Friend-White, Dr. Steve Hull, Bonnie Potter, Joan Clappier, Dr.
David Anderson, Dr. Wilson, Lin Murray, Scott Findlay, and Ken Hibbits.
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