Anyone Gone Through a Permitting Battle for an Indoor Arena?

I’ve done the permitting on hundreds of projects. An attorney is NOT the right person to permit your structure! I’ve never seen anyone hire an attorney, I can’t even imagine what that would cost.

Permitting is typically done by the engineering firm, contractor or the landowner for something small like this. It’s not a big deal if you are building a permitted structure. Absolutely go now, before you spend a penny, to your local township or whatever and say “I want to build a big shed thing on my farm, for farm stuff, this is what I’m thinking, see any issues?”. Do this BEFORE you start designing and you’ll save yourself potentially a lot of $$$. Ask anyone and everyone re potential issues up front. Sneaking around does nothing at all to save you trouble since it’s not like you’re going to build an indoor on the sly and it’s easy to make changes now, hard later on.

Then go to the Ag Office and ask about environmental permitting: if do you need it. If you’re not moving a lot of dirt, diverting flow or filling or building a road to access it you might not. But you might need at least a drainage plan etc. If you’re so much as putting in French drains in some areas you will. You will always need a permit for changing drainage, new creek crossing etc etc.

You will need a design to get a permit but you want a design that’s permittable. This means good open communication. When people get into ridiculous battles over permits it is always because a) they didn’t bother doing any homework or b) they hired someone who didn’t bother doing any homework and now they have a $20K design that the county won’t permit. Do not be that person!

If you hire someone to do your permitting hire a local engineering firm or similar: construction companies, farm services etc. Get references. And DO NOT just write them a check then sit back and relax. I’ve seen landowners get so screwed over that way!!! Always double check on their work. This is a tiny job for a firm so there is more risk to you as the client because they don’t care.

All this advice is location dependant. In my area, because this is a small job, it would be massive overkill to hire an engineering firm. I stand by my recommendation to hire a good lawyer who knows the Town’s laws and knows the Town’s boards and who’s on them. You do not want to go in describing something one way, find out you can’t do it, and start calling it another thing. This will not be looked on positively. A good lawyer will save you so much time. Now – this is in my rural area. Yours may be different.

Please read about the “horse zoning” saga of Newlin Township, PA. You really need to know the “back story” of what is going on in your location.

The short story of the saga Newlin horse farms…

Some Newlin residents had a fit about some increase in traffic on ONE road. They threatened to sue the township. Township (in 1 month) produces a revised horse zoning ordinance that affects all horse farms and effectively reduces number of horses that can be kept. One farm asks the Attorney General to look into the matter. After much study, the AG’s office declares horse keeping is an agricultural activity and township regs encroach on state regs, so zoning ordinance is not viable. AG’s office recommends township and residents sit together to come to agreement. Township responds by production ANOTHER zoning ordinance without horse farm resident input. Two years later and the saga is still unfolding. My bets are that it will end up in court.

http://www.chronofhorse.com/forum/showthread.php?491090-PSA-The-continuing-saga-of-Newlin-Towshihp-(Unionville-PA)&highlight=newlin

http://www.chronofhorse.com/forum/showthread.php?481111-PSA-for-all-Pennsylvania-Equestrians-Attorney-General-Weighs-in-on-Horse-Keeping&highlight=newlin

http://www.chronofhorse.com/forum/showthread.php?479937-PA-Attorney-General-tells-Newlin-Township-to-rescind-or-amend-equine-ordinance&highlight=newlin

[QUOTE=pluvinel;8837755]
Please read about the “horse zoning” saga of Newlin Township, PA. You really need to know the “back story” of what is going on in your location.

The short story of the saga Newlin horse farms…

Some Newlin residents had a fit about some increase in traffic on ONE road. They threatened to sue the township. Township (in 1 month) produces a revised horse zoning ordinance that affects all horse farms and effectively reduces number of horses that can be kept. One farm asks the Attorney General to look into the matter. After much study, the AG’s office declares horse keeping is an agricultural activity and township regs encroach on state regs, so zoning ordinance is not viable. AG’s office recommends township and residents sit together to come to agreement. Township responds by production ANOTHER zoning ordinance without horse farm resident input. Two years later and the saga is still unfolding. My bets are that it will end up in court.

http://www.chronofhorse.com/forum/showthread.php?491090-PSA-The-continuing-saga-of-Newlin-Towshihp-(Unionville-PA)&highlight=newlin

http://www.chronofhorse.com/forum/showthread.php?481111-PSA-for-all-Pennsylvania-Equestrians-Attorney-General-Weighs-in-on-Horse-Keeping&highlight=newlin

http://www.chronofhorse.com/forum/showthread.php?479937-PA-Attorney-General-tells-Newlin-Township-to-rescind-or-amend-equine-ordinance&highlight=newlin[/QUOTE]

There is a little bit, lot more to than what is being stated here. Newlin is one of “those” townships in the Unionville area that I referenced in my comment.

I know all of the horse folks involved. Some of which called me for my input after reading a comment or two in one of the threads above from what I understand. Which made me chuckle a bit because I am by no means an expert on the subject. I just learned a bit from having gone through the drill in some other states.

It started after some really nice people bought a fabulous property in a prime area of Unionville. Paid BIG bucks. The owners both ride and take lessons and boarded with a friend of mine. The farm they bought had a lot of horse infrastructure in place. The majoirity of which they didn’t need/use. So they rented the barn, indoor, etc to their trainer. She brought with her around 20+ clients. Which increased the daily traffic on the small country road that is shared with some well healed long time residents who liked things just they way there were/have been.

The increase in traffic was minimal. The trainer did not hold clinics or shows. IMO it was a bit self serving of those who kind of started the whole controversy. The ONLY reason the Unionville area is on the map and a highly desirable area to move to in one can afford it is because of horse farms, people. The ONLY reason there is tons of “open space” is because of generations of horse people. Families that have not sold out to development. A lot of the land in the area is under conservation easements. Which those who live/own some of the small lots and or developments benefit greatly from.

That being said the Unionville area is the poster child for what 1%ers look, act and live like. The majority of the wealth is old school money. A lot of great people but they do tend to live in “la-la land”. How the rest of the real world lives, especially those of us who’s horse farms are not only our home but our livelihood is a bit lost. No disrespect to those who were born with financial security intended.

“They threatened to sue the township. Township (in 1 month) produces a revised horse zoning ordinance that affects all horse farms and effectively reduces number of horses that can be kept”

This is not entirely correct. Newlin revised the zoning of horse properties in the early 80s. When large properties were being subdivided and “farmetts” being created. The number of horses “per acre” was on the books and what horse activities were considered “pleasure use” and what was considered “commercial use”. AT the time other than Thoroughbred breeding and racing, horses used for “sport” pleasure or competition was not considered agricultural nor for tax purposes was it considered a “business”.

So what some residents did was go to the Township supervisors and demanded that the Township to enforce the horse zoning rules and regs that have been on the books for years.

Unfortunately a number of horse farm owners never bothered to check, review the existing horse zoning BEFORE they bought their property.

The majority if not all of the farm owners who were taken by surprise and were told they had X days to comply with the existing zoning were a “hobby business” by and large. In other words their “horse business” was not their only source of income. They either had family money and or a spouse that had a “real” job that paid quite well. So if the township shut them down and or forced them to comply with the existing zoning it was not going to put them on the street.

It did have a detrimental effect on those who rented the horse facilities from property owners. If there wasn’t enough property to comply. This was their livelihood and their business plan was based on being able to stall, field board X amount of horses to make the numbers work.

Yes, Newlin did revise and upped the number of acres require per horse. But this was NOT retroactive. Any existing property owner could apply to the Township to have their property “Grandfathered” under the existing zoning. From what I understand it was pretty straight forward and easy to have done. But there was a $1,500 fee which from what I understand people were really pissed about paying. It made me chuckle, $1,500 is not exactly a lot of money in the grand scheme of “horse expenses” and considering most of the properties effected were worth a LOT of money it chump change. As I said to one friend, Sorry but I’m not breaking out he small violin.

After this whole thing started I ran into the people and now friends who bought the property that kind of stated the whole thing that I reference above. He and his wife are both attorneys with a big Philly law firm. I said what a way to be welcomed to the neighborhood. They laughed and said it was a hassle but it is what it is. I said you guys are attorneys what was your position, they said they discussed it with some of the younger members of their firm and they said; “sounds like rich people’s problems”. We all had a big laugh. Because in the end that is pretty much exactly what it is.

The properties effected were not a bunch of mom & pop horse businesses that were just trying to scratch out a living. The weren’t being pushed out by “Gentrification”. The whole area has been “gentrified” for decades.

“One farm asks the Attorney General to look into the matter.”

More like a “group”. When I was asked my thoughts on what recourse they may have I suggested they look into using a recent law that was passed call something like “The right to farm” and see if it would apply to horse farms. Now that PA has reclassified, recognized sport, pleasure horse farms as agriculture. The law was enacted because subdivisions were being built around large and small pre-existing farms. The new neighbors complained about all of the smells, noise, farm activities effecting the quality of their lives.

Gee, I guess they didn’t notice all those cows, pigs, etc on the other side of the road or fence of their back yard when the bought the house. I guess they didn’t check out the property during fertilizing season. The whole reason they wanted to move to the area is because of all the open land, bucolic farms. I guess they figured the big farm owners were going to and were keeping their farms as parks for the newbies to enjoy.

Township Supervisors are “elected”. A large farm owner is 1 vote. A small subdivision next to it can represent hundreds of votes. The math is pretty easy for Supervisors to figure out who they are going to side with and they started throwing all kinds of restrictions and rezoning at existing farm owners. That’s when the state jumped in and passed the Right to Farm Act.

And that’s how/why the A-G got involved.

“ANOTHER zoning ordinance without horse farm resident input”

Pretty sure this was done before the A-G sent a letter to the Supervisors.

To be clear I am not siding with the Newlin Supervisors. I think they handled it very poorly. I think a lot of the johnny come lately NIMBY (not in my back yard) fail to realize the WHOLE reason they and many others want to live in the areas is because of all of the open land and beautiful horse farms that were there long before they came along. They want the “parks” but they don’t want to “pay” for them.

My farm is a few miles west in Highland Township and very Ag friendly by and large. I looked at and checked all of the rules and regs here before I bought my property. The majority of farms in this township are real family owned working farms. We respect each others land use AND how our actives may have a negative effect on a neighbor. But we don’t run to the “court” we discuss it between ourselves and work things out by and large.

That is a really interesting story Gumtree. I can see it happening just like that too.

As far as the OP, one more time, this is YOUR AREA dependent. When I sold on the West Coast there was no lawyer involved, not a one, the RE agent and an escrow/title company handled the mess and there were no more nor fewer issues, partly due to the dozens of required disclosures. Here an attorney did it all with hardly any paperwork or written disclosures, and as far as the quality of my deed - ummmm, well I would have had to have had both of them surveyed on my insistence and on my dime, and as we all know that is one of the most important parts of owning a farm, next to zoning, which I also would really have had to research on my own in both states if I wanted to know what R-1 A-1 really meant, or how many living units I may have, how many animal units, etc, because NOBODY tells you this stuff. Or, all respect, it is suspect second hand, so I went to planning and zoning and the clerk’s office for maps and did it all myself.

I found out about animal units from my BIL who lives in Utah and got busted for having too many sheep, (which count as 0.3 animal units each or some such thing, cow and horse are 1). So that is a question that I asked, and it can be relevant.
Western states also have water restrictions, and wait!, there is more! It’s pretty convoluted.

So what I would do here in KY is not necessarily the right thing for Kansas, but you can’t assume that things will go badly, that you will have a battle, and that you need to start off with the adversarial stance. I do like the idea of saying that you’d like to build a “structure” and leave out “arena”. Multi use might be good, dry storage, dry working area?.

Coverall must have some recommended contractors for the footings. Could they be of help with the permits?

[QUOTE=pluvinel;8837755]
Please read about the “horse zoning” saga of Newlin Township, PA. You really need to know the “back story” of what is going on in your location.

The short story of the saga Newlin horse farms…

Some Newlin residents had a fit about some increase in traffic on ONE road. They threatened to sue the township. Township (in 1 month) produces a revised horse zoning ordinance that affects all horse farms and effectively reduces number of horses that can be kept. One farm asks the Attorney General to look into the matter. After much study, the AG’s office declares horse keeping is an agricultural activity and township regs encroach on state regs, so zoning ordinance is not viable. AG’s office recommends township and residents sit together to come to agreement. Township responds by production ANOTHER zoning ordinance without horse farm resident input. Two years later and the saga is still unfolding. My bets are that it will end up in court.

http://www.chronofhorse.com/forum/showthread.php?491090-PSA-The-continuing-saga-of-Newlin-Towshihp-(Unionville-PA)&highlight=newlin

http://www.chronofhorse.com/forum/showthread.php?481111-PSA-for-all-Pennsylvania-Equestrians-Attorney-General-Weighs-in-on-Horse-Keeping&highlight=newlin

http://www.chronofhorse.com/forum/showthread.php?479937-PA-Attorney-General-tells-Newlin-Township-to-rescind-or-amend-equine-ordinance&highlight=newlin[/QUOTE]

That’s zoning, not permitting. Completely different. If you run into a zoning issue hire an attorney. To get standard construction permits hire someone in the building/ engineering trade. Again, I have permitted a LOT of projects. Big projects and small.

If you are running afoul of the zoning laws that’s on you. You can hire a lawyer and fight it. If you have done your homework, like the OP is doing, and talked to the county and talked to everyone and your proposed structure is within the regs you are not making it a legal battle. And are better off with someone who can answer all the questions regarding cubic yards of fill, drainage area, snow loads etc with authority. Clearspan might offer this service for the structure itself, a lot of companies do. The site prep and access are probably on you unless they do that too.

Keep in mind that there are permits you’ve never heard of right now, mostly having to do with drainage but stuff like: are you crossing a stream, cutting down old trees, putting in a new driveway, having more than x number of dump trucks in a week, weight restrictions in dirt roads, stuff like that. A good local firm should know all about it and take care of it. If it’s a simple job with no real dirt moving or new access you can likely do it yourself. The permitting agencies will help you, they get a bad rap like the IRS.

Gumtree is only partially correct. It is a long story…too long to detail here.

It is just a heads up as I’m just saying if anyone is thinking of adding to their property, know the back story going on in their township.

I have attended the Newlin township meetings where all this was debated since 2014 and am familiar with all the players.

The fact that there was horse zoning since the 1980’s is true, but in 40 years, it was never enforced…until the traffic debacle…and caught some people, including some “big name” riders/farms, by surprise.

The fact that there are “landed gentry” involved is having a big effect on smaller farms, run by people who are not wealthy, but who are retired or working day jobs.

A lot of the current “agitators” are people who are retired and on fixed income running a boarding business to supplement their income, or just small fry who run small businesses out of their home/farm.

The AG’s office cannot “decree” that horse keeping is agricultural…the AG’s analysis determined that horse keeping is ag activity, citing case law, etc. The township solicitors disagreed with the analysis. How Newlin settles the matter (my prediction) is that it will end up in court to settle the argument between the various legal POV’s.

The latest incarnation of the horse zoning ordinance is on Newlin’s, “News & Events” not in the “Ordinances” section came about when the AG’s office disputed the horse ordinance that was voted in.
http://www.newlintownship.org/newsandevents.html

I was present when the farm owners asked to meet with supervisors.

[QUOTE=gumtree;8838000]
There is a little bit, lot more to than what is being stated here. Newlin is one of “those” townships in the Unionville area that I referenced in my comment.

I know all of the horse folks involved. Some of which called me for my input after reading a comment or two in one of the threads above from what I understand. Which made me chuckle a bit because I am by no means an expert on the subject. I just learned a bit from having gone through the drill in some other states.

It started after some really nice people bought a fabulous property in a prime area of Unionville. Paid BIG bucks. The owners both ride and take lessons and boarded with a friend of mine. The farm they bought had a lot of horse infrastructure in place. The majoirity of which they didn’t need/use. So they rented the barn, indoor, etc to their trainer. She brought with her around 20+ clients. Which increased the daily traffic on the small country road that is shared with some well healed long time residents who liked things just they way there were/have been.

The increase in traffic was minimal. The trainer did not hold clinics or shows. IMO it was a bit self serving of those who kind of started the whole controversy. The ONLY reason the Unionville area is on the map and a highly desirable area to move to in one can afford it is because of horse farms, people. The ONLY reason there is tons of “open space” is because of generations of horse people. Families that have not sold out to development. A lot of the land in the area is under conservation easements. Which those who live/own some of the small lots and or developments benefit greatly from.

That being said the Unionville area is the poster child for what 1%ers look, act and live like. The majority of the wealth is old school money. A lot of great people but they do tend to live in “la-la land”. How the rest of the real world lives, especially those of us who’s horse farms are not only our home but our livelihood is a bit lost. No disrespect to those who were born with financial security intended.

“They threatened to sue the township. Township (in 1 month) produces a revised horse zoning ordinance that affects all horse farms and effectively reduces number of horses that can be kept”

This is not entirely correct. Newlin revised the zoning of horse properties in the early 80s. When large properties were being subdivided and “farmetts” being created. The number of horses “per acre” was on the books and what horse activities were considered “pleasure use” and what was considered “commercial use”. AT the time other than Thoroughbred breeding and racing, horses used for “sport” pleasure or competition was not considered agricultural nor for tax purposes was it considered a “business”.

So what some residents did was go to the Township supervisors and demanded that the Township to enforce the horse zoning rules and regs that have been on the books for years.

Unfortunately a number of horse farm owners never bothered to check, review the existing horse zoning BEFORE they bought their property.

The majority if not all of the farm owners who were taken by surprise and were told they had X days to comply with the existing zoning were a “hobby business” by and large. In other words their “horse business” was not their only source of income. They either had family money and or a spouse that had a “real” job that paid quite well. So if the township shut them down and or forced them to comply with the existing zoning it was not going to put them on the street.

It did have a detrimental effect on those who rented the horse facilities from property owners. If there wasn’t enough property to comply. This was their livelihood and their business plan was based on being able to stall, field board X amount of horses to make the numbers work.

Yes, Newlin did revise and upped the number of acres require per horse. But this was NOT retroactive. Any existing property owner could apply to the Township to have their property “Grandfathered” under the existing zoning. From what I understand it was pretty straight forward and easy to have done. But there was a $1,500 fee which from what I understand people were really pissed about paying. It made me chuckle, $1,500 is not exactly a lot of money in the grand scheme of “horse expenses” and considering most of the properties effected were worth a LOT of money it chump change. As I said to one friend, Sorry but I’m not breaking out he small violin.

After this whole thing started I ran into the people and now friends who bought the property that kind of stated the whole thing that I reference above. He and his wife are both attorneys with a big Philly law firm. I said what a way to be welcomed to the neighborhood. They laughed and said it was a hassle but it is what it is. I said you guys are attorneys what was your position, they said they discussed it with some of the younger members of their firm and they said; “sounds like rich people’s problems”. We all had a big laugh. Because in the end that is pretty much exactly what it is.

The properties effected were not a bunch of mom & pop horse businesses that were just trying to scratch out a living. The weren’t being pushed out by “Gentrification”. The whole area has been “gentrified” for decades.

“One farm asks the Attorney General to look into the matter.”

More like a “group”. When I was asked my thoughts on what recourse they may have I suggested they look into using a recent law that was passed call something like “The right to farm” and see if it would apply to horse farms. Now that PA has reclassified, recognized sport, pleasure horse farms as agriculture. The law was enacted because subdivisions were being built around large and small pre-existing farms. The new neighbors complained about all of the smells, noise, farm activities effecting the quality of their lives.

Gee, I guess they didn’t notice all those cows, pigs, etc on the other side of the road or fence of their back yard when the bought the house. I guess they didn’t check out the property during fertilizing season. The whole reason they wanted to move to the area is because of all the open land, bucolic farms. I guess they figured the big farm owners were going to and were keeping their farms as parks for the newbies to enjoy.

Township Supervisors are “elected”. A large farm owner is 1 vote. A small subdivision next to it can represent hundreds of votes. The math is pretty easy for Supervisors to figure out who they are going to side with and they started throwing all kinds of restrictions and rezoning at existing farm owners. That’s when the state jumped in and passed the Right to Farm Act.

And that’s how/why the A-G got involved.

“ANOTHER zoning ordinance without horse farm resident input”

Pretty sure this was done before the A-G sent a letter to the Supervisors.

To be clear I am not siding with the Newlin Supervisors. I think they handled it very poorly. I think a lot of the johnny come lately NIMBY (not in my back yard) fail to realize the WHOLE reason they and many others want to live in the areas is because of all of the open land and beautiful horse farms that were there long before they came along. They want the “parks” but they don’t want to “pay” for them.

My farm is a few miles west in Highland Township and very Ag friendly by and large. I looked at and checked all of the rules and regs here before I bought my property. The majority of farms in this township are real family owned working farms. We respect each others land use AND how our actives may have a negative effect on a neighbor. But we don’t run to the “court” we discuss it between ourselves and work things out by and large.[/QUOTE]

[QUOTE=snowrider;8838136]
That’s zoning, not permitting. Completely different. If you run into a zoning issue hire an attorney. To get standard construction permits hire someone in the building/ engineering trade. Again, I have permitted a LOT of projects. Big projects.[/QUOTE]

Permitting for a structure interprets and follows zoning regs. And in PA an “agricultural building” does not need to follow the same permitting requirements as a “non-agricultural” building.

Unfortunately Mr. Samsel had to go to court to get the matter settled…but the decision was too late for him.
http://www.pennsylvaniaequestrian.com/news2012/march/Ron-Samsel-Won-the-Battle-But-is-Losing-His-Dream.php

And the Milers who also wanted to build an indoor and ended up in court.

Fortunately they won their case based on the precedent set by the Samsel decision, that had decided that a barn and indoor were ag buildings.
http://www.pacourts.us/assets/opinions/Commonwealth/out/231CD13_12-9-13.pdf

No it does not. Again, I did this professionally for many years. Zoning is local and has to do with land use. Permitting is at all levels of government and doesn’t give a poop about zoning for the most part. Zoning tells you if you can build it and permitting says how. Sometimes there is no way to build a permittable structure on a site but that does not mean it’s not zoned for it.

Zoning is political, permitting is not.

When you’ve written your first EIS and NEPA documents and done some SWPPs and structural drawings get back to me on how permitting is really the same as zoning.

As the wife of a contractor who has seen things get permitted and not get permitted for years, I’ve never seen an attorney be needed for such. Doing your research ahead of time, and having a contractor who has a good working relationship with your county, can make a huge difference.

From a lay person’s point of view, the zoning of the property sets out permitted, conditional and variant uses allowed. Permitting of the building is about having it built to certain standards. At least, that is how I see it.

You won’t get a permit to build a structure – to any standard – if the underlying property zone does not allow that use.

[QUOTE=snowrider;8838155]
No it does not. Again, I did this professionally for many years. Zoning is local and has to do with land use. Permitting is at all levels of government and doesn’t give a poop about zoning for the most part. Zoning tells you if you can build it and permitting says how. Sometimes there is no way to build a permittable structure on a site but that does not mean it’s not zoned for it.

Zoning is political, permitting is not.

When you’ve written your first EIS and NEPA documents and done some SWPPs and structural drawings get back to me on how permitting is really the same as zoning.[/QUOTE]

Please read the PA case law. It begs to differ with what you stated.

In the Miller decision…
http://www.pacourts.us/assets/opinions/Commonwealth/out/231CD13_12-9-13.pdf

Rick and Lorie Miller appeal an order of the Court of Common Pleas of Bucks County (trial court), which affirmed the determination of the Bedminster Township Uniform Construction Code Board of Appeals (Board) that the Millers needed a building permit to construct a barn on their property. The trial court held that the proposed barn was not an agricultural building and, as such, was not exempt from the permitting requirements of the Pennsylvania Construction Code Act.1 We reverse.

The Millers already had a horse boarding operation and wanted to build a barn.

Similar story in the Samsel case.

Just saying…OP…forwarned is forearmed. Make sure you know what’s going on in your township.

[QUOTE=King’s Ransom;8838165]
From a lay person’s point of view, the zoning of the property sets out permitted, conditional and variant uses allowed. Permitting of the building is about having it built to certain standards. At least, that is how I see it.

You won’t get a permit to build a structure – to any standard – if the underlying property zone does not allow that use.[/QUOTE]

Try telling that to a friend of mine (who was a PA Breeder of the Year) who needed to put up a run-in shed in her farm.

[QUOTE=King’s Ransom;8838165]
From a lay person’s point of view, the zoning of the property sets out permitted, conditional and variant uses allowed. Permitting of the building is about having it built to certain standards. At least, that is how I see it.

You won’t get a permit to build a structure – to any standard – if the underlying property zone does not allow that use.[/QUOTE]
You won’t get a county permit. Not the only permit you may require, for site prep especially. I think you have a good handle on this OP. You’ve got a lot of inexpert and alarmist advice on this thread that us unnecessary or could make your life harder. But good advice too. If you’re not going for a zoning variance it should be straightforward locally.

As long as you’re not trying to build on a wetland etc the site prep should be too. That’s not all local though, keep in mind.

I ride in an indoor right now that was built by filling a wetland. BOs husband is in the contracting biz. I have no idea how they pulled it off but they did :slight_smile:

[QUOTE=snowrider;8838175]

I ride in an indoor right now that was built by filling a wetland. BOs husband is in the contracting biz. I have no idea how they pulled it off but they did :)[/QUOTE]

And thus I rest my case…

Op…know who’s who in the zoo in your area…and who you need to be friends with and you can get a lot done that others can’t by going thru the “normal” civilian channels.

And as a professional I’d say do not do that. These days it doesn’t work and it’ll just annoy the permitting agency professionals you have to work with. They are mostly good peeps, please don’t try to go around them or bring political pressure to bear on someone trying to do their job. It will 100% hurt you, not help you.

This indoor is old. Not Clean Watet Act old but pretty old. It wouldn’t get built today in that location.

OP…You still better know who are your friends and who are not, and be very conscious of the “climate” in your area.

Whenever there are regulations, there is room for “interpretation.” The Newlin case is a primo example.

On one side is an 11-page Office of Attorney General’s Office opinion stating that a township cannot regulate horse keeping activities because it is an agricultural activity. The opinion cites case law and state regulations to back up this opinion.

On the other side are the solicitors for the township who disagree with the 11-page opinion and proceed to write another version of a law…that says a lot of what the first reg said.

So be forewarned…not all regs are always interpreted the same and not all land owners are treated the same.

Since OP is asking about permitting, here is the Samsel decision in PA
http://www.pennag.com/Portals/5/Samsel%20v%20%20UCC%20Board%20Cmw%20Ct%2012%2010%2010.pdf

Jefferson Township appeals an order of the Court of Common Pleas of Berks County (trial court) holding that Ronald Samsel did not need a building permit to construct a stable for race horses. The trial court found that Samsel’s proposed stable was an agricultural building and, as such, exempt from the requirements of the Pennsylvania Construction Code Act (Construction Code).1 Finding no error in the trial court’s opinion, we affirm.

Well, to answer the OPs thread title question,
Partita raises her hand.

I made sure to hire a contractor who had an excellent and very experienced permitting person who knew her stuff. It still took a year to get the permit. And they still threw us some curveballs. Even though the permitting dept. should know what’s what, we STILL had to do some of our own digging and point out to them some of their own regulations.*

Don’t know if you are planning on building your arena yourself (i.e. being your own contractor) or hiring it out. In my case, I did not go with the cheapest bid, but the most experienced. I knew that I absolutely did not want to deal with my county in permitting my building. My second question to the builders after “Do you build riding arenas?” was “Do you have an experienced person who handles all the permitting?”

Good luck!

The wetland stuff is actually federal and the Chesapeake Bay stuff is some kind of multi jurisdiction thing not your county. I think you must have integrated permitting if you’re only dealing with one entity at the local level but trust me it’s all going up the chain for review. That actually streamlines the process! Believe it or not.

A really good design firm wouldn’t let you get denied though, they’d see the issue up front and change the plan. I actually consult with permitting agencies on projects over some technical stuff periodically and there are projects that sail through. They have a really good plan!

The Chesapeake Bay stuff is VERY frustrating. Apparently it’s a state or federal law, but the law is “enacted” and “interpreted” differently depending on what county you are in. Tons of leeway is granted to county officials in terms of enforcing regulations, and granting “reasonable exceptions.” It’s VERY frustrating, because the intent of the whole law was to protect these buffer zones near tributaries and keep natural vegetation intact that acts as a filter of sorts for run off. we want to leave everything intact and just use that area as. Small natural pasture.

Different enforcement county by county, and different granting of exceptions makes one question the efficacy of the whole thing.

What I do know for sure is the engineering firm involved in our project and the one across the street has done an INCREDIBLE job managing all these different regulations and coming up with environmentally sensible ways to work with specialized acreage and horsey people in one of the most regulated and litigious counties in America. So three cheers for great engineers. I also know, even though my husband and I are still dealing with sticker shock… We sleep much better at night not worrying that we violated some obscure provision by taking shortcuts in our process. Nope - not us.

It’s all a trade off … I have two kids in school, and this county also has some of the best public schools in the country. I also own two very special mares who I hope to breed a few times and market a baby or two from. Being located on a picture perfect postage stamp of a farm in an area right outside of DC where people can, and will, spend money on nice horses, hopefully will help offset the cost in the long run of developing this particular 5 acres. Location, location, location… But at a cost! And denying our gravel two track drive was silly… That was not gong to harm any blue crabs compared to the massive McMansion subdivision down the street on the same creek which just got pushed through… By far more connected developers than myself :wink: