HomeMy WebLinkAbout20002016.tiff CAROL Harding - right to farm covenant Page 1
From: jmfolsom <jmfolsom@ecentral.com>
To: <charding@co.weld.co.us>
Date: 8/15/00 8:08AM
Subject: right to farm covenant
August 15, 2000
To: The Weld Board of County Commissioners:
Dear Commissioners:
As "city people* continue to move into agricultural areas of Weld
County, friction mounts as these people become aware of the realities,
rather than the idyllic preconceptions they have, of living in the
country. A.Policy 7 of the Comprehensive Plan seeks to deal with this
problem through the Right to Farm Covenant [aka Right to Farm Advisement
and Weld County*s Right to Farm]. This document is required to be placed
on the recorded plat of any County development.
There are a number of weaknesses, indeed failings, in this accomplishing
the ends for which it was designed:
1. Very few purchasers see or read the covenant on the final plat.
2. The covenant is not on the final plat of lands in municipalities of
the County, so that purchasers have no opportunity to see or read the
covenant.
3. When developed residential land is resold there is no opportunity for
the new purchaser to see or read the covenant.*
As a result, in most cases, the covenant is ineffective because those
that should be made aware of it are not.
If Weld government is serious about newcomers being made aware of the
right of farmers to continue their agricultural practices as permitted
by applicable statutes, regulations and ordinances, and the
responsibilities of non agricultural residents to respect those rights,
perhaps the following steps and measures should be considered:
1. Require that the covenant be read and signed by all residential land
purchasers in the County at the time of closing on the property.
2. Negotiate with County municipalities to adopt the covenant and
institute the procedure suggested in [1] above.
3. In lieu of either of these suggestions, to require that the County
Clerk and Recorder to send, with the recorded deed, a copy of the
covenant to the grantee of any deed recorded by the Clerk for the sale
of residential land in the County or in any of its municipalities.
As rapid residential development continues in the County, friction
between the agricultural and residential populations increases. The
covenant is a worthwhile idea, but it is useless unless the affected
parties are made aware of it.
John S. Folsorn
*As an example, recently, in Casagrande Estates where I live, almost the
first remark of a newcomer was objection to agricultural odors.
Gregerson*s Dairy, the Booth feed lot and a turkey farm are within a
couple of miles of the site and subdivision residents have a variety of
animals on their premises. Having lived there over 25 years, I accept
this as being part of the aura of the area.
pa 2000-2016
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