Sunday, November 29, 2020

What are "camping structures" as per zoning? a TWEAKED non-residential DRY camping structure? Or Squatting on your OWN land?

 https://ouraycountyco.gov/DocumentCenter/View/641/Long-Term-Camping-Application

So this says a "camping structure" is for up to 30 days of continuous camping...at a time.

 https://clearcreekcounty.us/DocumentCenter/View/9251/PC-Staff-Packet-May-15-2019?bidId=

So they say that only tents, RVs and "mobile tiny homes" do NOT require a permit - for long term camping.

Interesting.

 

 

 So here we have a novel introduction of "residential camping structures" and NON-residential camping structures... Kind of strange.

https://www.colorado.gov/pacific/sites/default/files/2-8-18%20Packet.pdf

 

 

 So the question is - can a Yurt or Shed or other "primitive structure" ALSO be a "non-residential camping structure"? 

 So in that case - the answer is clearly no. But in other cases it's not so clear.

Wow - I had no idea someone could SQUAT on their OWN land!! Amazing.

 

 https://www.co.siskiyou.ca.us/sites/default/files/fileattachments/community_development/page/2431/pln-20180725_campingpermit20171115version.pdf

So basically after 14 days then the person camping needs to LEAVE - and come back (after a day - in the national forest at least) in order to NOT be squatting - purely a technicality. Only except there is a Six Month limit for the year (or it might be seven months)... I think it's 210 days total.

 

 https://www.ricelakecitymn.com/wp-content/uploads/ZONING-Ordinance-22-Final-12-26-17-searchable.pdf 

Wow - so cool that they ADDED the "no more than seven months" for the Seasonal Camping! Same county - but the COUNTY does not add that "no more than seven months." Fascinating. 

 Dwelling, seasonal (cabin) - A residence occupied on a part-time basis, not to exceed eight (8) months of the calendar year, and not requiring public services such as schoolbus transportation or snow plowing of roads by a governmental unit.

 

OK. so.... kind of funny. I had no idea I would technically be "squatting" on my own land if I did NOT move after 14 days of camping!! Wild. I thought it was a six month limit. Again it depends - I quoted one permit definition that said you could have a Hunting Camp Unit up to 4 months or 120 days total continuous camping....

 Interesting! Wisconsin has a 30 day on 30 day off camping rule!

But still has the 180 day limit for the year. Again I think my state has a 210 day limit?

temporary and seasonal residential occupancy for recreation
purposes, including real and personal property devoted to temporary and seasonal
residential occupancy for recreation purposes and not devoted to commercial purposes for
not more than 250 days in the year preceding the year of assessment.

 Why crossed out?

  temporary and seasonal residential
occupancy for recreation purposes, including real and personal property devoted to
temporary and seasonal residential occupancy for recreation purposes and not devoted to
commercial purposes for more than 250 days in the year preceding the year of assessment.

 https://www.house.leg.state.mn.us/comm/minls86/H0561DE2.htm 

seasonal residential recreational if the unit was used for 250 days or less 

But assessors are interpreting that differently.

Some say that if a cabin is rented out more days than the owners are occupying it, not including the days it is vacant, it should be classified as commercial. Others say commercial classification is appropriate if the place is rented more than half the year — 183 days or more. Others may look to a state resort classification with a threshold of more than 250 days.

 So there is proof that the days a structure is VACANT does not contribute to its standing as a residential dwelling!

That is precisely the argument I was considering when I talked to my county planners.

 "It is not a mere casual or occasional sleeping in the house that constitutes an occupancy of it....the house is without an occupant — without some person living in it. ... even though some of the owner's property may be stored there and even though occasionally some one may sleep there. If used for these last-named purposes it may be a place of storage or of temporary shelter but it is obviously no longer occupied as a dwelling"

https://elixirfield.blogspot.com/2019/11/lawyers-reports-1905-legal-definition.html

So that's a 1905 legal ruling! But that's BEFORE the fancy development codes stating:

 "Set-UP as a Dwelling" (meaning electrical wiring, plumbing and sanitation)....

So the issue here is if it is a Primitive Structure NOT "set up as a dwelling" and yet personal property is STORED in it - and if it is used "occasional" then it's NOT a "primitive dwelling" and does NOT need a permit. We know that for sure. 

We also know that a "primitive dwelling" used as a "camping structure" for seasonal camping ALSO does NOT need a permit - in SOME locations - only an "affidavit" or "certificate" - and that appears to be the SAME as this "camping structure" permit application!!

 But then we know in some cases they do not allow yurts or anything "without wheels" to be considered a "camping structure." So let's keep digging.

ok... this should be interesting.

OK this is different. In my state a "campground" is COMMERCIAL while a "campsite" just means 5 or less tents (or camp units aka structures) set up. So they mean a campsite as PART of a commercial campground.

 So in WI you have to be gone for 30 days before returning for 30 days. Here it's only 14 days gone.

Moving on.


WOW - first time I've seen the term "mini cabin" - hilarious. Says it HAS to be part of a "campground" but DOES say it's a "camping structure"!!! Cool.

So here it conflates "recreational unit" with "camping structure" for the Mini Cabin. Very interesting.

So a "camp unit" - can apparently include a "recreational structure" - which as I noted previously - is NOT a "temporary structure" but it is used as a "temporary shelter."

permanent agricultural labor camps in compliance with Public Act 289 of 1965

OK I definitely want to read that Public Act... 1940 - have then been Regulated out of existence? appears so...

 

https://www.greatlakestinyhome.com/single-post/2016/09/01/great-news-for-michigan-tiny-house-owners-mecosta-county-mini-cabin-zoning-ordinance-pr

Wow that "mini cabin" ordinance was a big deal!!

 

 OK so I didn't know this was called "Dry Camping" - gonna look into that also.

  Free camping is sometimes called boondocking, primitive camping, dry camping, and dispersed camping.

 Hold on now! This is what I'm talking about:

 http://www.co.routt.co.us/Archive/ViewFile/Item/2552

 

 OK interesting - so they're saying if someone is FARMING then they can CAMP for up to two months STRAIGHT (none of this 14 day limit stuff) without a permit...

Very cool.

 And they include YURTS!! So we can assume that also means a yurt with a floor. This is the most generous camping rule I've seen yet.

 Note that a "primary dwelling" is NOT the same as a "primary residence"!!

10, if the applicant maintains the primary dwelling unit as their primary residence, t

But you have to take that Yurt down after 60 days...

So the goal is to:

exactly.


So NOW finally we get to the Nitty Gritty about a structure on the ground that is not a "dwelling unit."

A VOID IN THE RULE!! Maybe he read my blog?


So now they're saying they can leave the Yurt UP for 180 days? But camp in it for only 60 days continuously and then return and camp more? Or is it 180 days of USE? Yes they said - it's "cumulative" - so that means cumulative CAMPING.

So does that mean if you do NOT camp more than 180 days then you do NOT have to "take down" the structure?

ONE Person said it's ok to LEAVE IT UP!! Everyone else says TEAR IT DOWN!

crazy.


Interesting - so... the structure can be up for 180 days but the camping can not be for more than 60 continuous days at a time...

OK so then the reference to WORK was made - what if the camping is not recreational? Exactly.

 

Now back to the YURT scandal! Only this time in Wisconsin:

AH HA!! THE ISSUE AT HAND!!

Is it a "structure" OR a "camping structure"?

So he is arguing it's a "camping structure" but needs a variance....AND he had to "explain" what a composting toilet was. AWKWARD!!

So I know for my county a yurt is considered NOT a "camping structure" but rather a "structure."

Whatever that means.... what if it is NOT a "dwelling unit"?

Glad to see a "primitive" campsite needs less space...

Here we go back to the Michigan Mini Cabin ruling!

So it's a "camping structure" AND a "structure" at the same time!!

Only problem is they HAVE to be on a "licensed" campground.

So that's the same as what my state calls a "camper cabin" and they have a FLOOR  and need a permit...

An agricultural labor camp means one or more buildings, trailers, tents or vehicles, together with any land appertaining thereto, established, operated or used as temporary living quarters for two or more families or five or more persons intending to engage in or engaged in agriculture or related food processing, whether occupancy is by rent, lease or mutual agreement.”

So a "labor camp" means it has to be five or more people and does require a permit.

Known by the epithet of “Okies,” these workers lived in cars, tents, and hastily erected shacks along ditch bank settlements often called “Hoovervilles.”  Life in these camps was difficult. There was no access to clean running water, no provision for food, sanitation or medical treatment

In 1935, the Federal Resettlement Administration and the Farm Security Administration began to establish organized migratory labor camps to house the destitute migrants.

https://www.valleyagvoice.com/farm-labor-camps-a-look-back-at-how-america-solved-the-crisis-during-the-great-depression/

So my guess is that this Federal Regulation of labor camps is a byproduct of the New Deal! Wow.

 On-job housing consists of barracks, cabins, trailers, tents, rooming houses, auto-court cabins, shack houses, and, on occasion, depreciated standard housing. Regardless of the type of the facility, when the units are grouped for two or more families, they are commonly called "camps."

"Good" on-job housing for a family of four, five, or six members might consist of an unpainted cabin, 9 by 12 feet, one in a row of such cabins, with one or perhaps two screened windows (though not necessarily with glass) and with unfinished interior walls. The cabin would be equipped with bunks, chairs, and table. It would be fairly clean and free from vermin. The cabin might possibly, but probably would not, have electricity. It could have running water, but this would be unusual

Exactly like what I have "set up."

So for my state?

So they're freaking out because Labor Camps are really CAMPS and not "mobile homes" as "dwelling units"!! They're "camp structures" deemed unfit. In other words they are building structures - PERMANENT - but not DWELLING UNITS...

Fascinating!

 

 So here we go - a dwelling inhabited seasonally... and yes?

 yep...

 

 So "seasonal housing" versus a Primitive Structure "shack"!!!

He, and neighboring producers such as Jim Elfering, are among a number of Renville County farmers who also provide temporary living quarters to their migrant workers. They offer trailer homes on farm sites or in some cases pay their workers' way at a hotel in Olivia.

Those days may soon be over.

The Minnesota Department of Health will be getting out of the business of regulating migrant labor camps next year. When it does, Renville County will have to treat the camps as if they were mobile home courts and demand that separate sewer, water and other services be provided to each unit, said Jill Bruns, public health director for the county.

Melberg and Elfering told the Renville County Board of Commissioners Tuesday that they and other producers cannot afford to invest in full-scale mobile home courts to serve a labor force that is needed for only about six weeks of a year.

 Wow FEDERAL funds are 90% of farm labor "camps" now as APARTMENTS! amazing.

 

 so not "attached" - that's the key word...

 So the vehicle can be kept year round but can only be used six or seven months a year for seasonal camping.

 RV parks and campgrounds shall be operated on a seasonal basis and may only be open seven months a year.

 AH FASCINATING - so a "fixed" and "temporary structure" needs a permit.

Even if for "temporary" (NOT OCCASIONAL but temporary) use.

There we have it folks!

 Civil War shack Tent.....

https://ouraycountyco.gov/DocumentCenter/View/10190/D-7a---September-20-2017-Special-Meeting-Minutes?bidId=

 

 So they are debating if Yurts need a Permit because they are "permanent structures" or are they more like a "camping cabin"? And what is a "camping cabin"? someone asks:

 

 So there you have it - grouped together with RVs and Wall Tents!! The primitive "camping cabin"!!

NO Permit needed - or at least that was the case.

So...

http://ouraycountyco.gov/AgendaCenter/ViewFile/Minutes/151?MOBILE=ON

 

https://ouraycountyco.gov/DocumentCenter/View/641/Long-Term-Camping-Application

WOW so BECAUSE the "camping cabin" was UNDER 200 Square feet then it did NOT need a permit - even if it had a wood stove! that's amazing.

But then later they say a Permit IS needed for later structures. So... it kind of sneaked through.

Wow - very sneaky.

Turenne's tent is only about 22 square metres, but because she has been using it continuously for four years, the city considers the structure permanent and says it must comply with bylaws.

"If intended to be used permanently, the Winnipeg Building Bylaw requires a permanent foundation, and a permit for the foundation and the structure would be required," a city spokesperson said in a statement. "The permit application review process for the use of this type of structure would require an engineer's certification."

https://www.cbc.ca/news/canada/manitoba/winnipeg-temporary-tents-city-bylaws-1.3961802

OH NOW I UNDERSTAND THE TENT LAW for canada!

So he said that as long as his walls are four feet high and he does not have a permanent roof - then he does not need a permit.

So in our county - Three Feet High means it's a "structure." So that must be the wall height limit.

Then no roof - that is "hard" - just tarps. Voila: NOT a structure!!

So you could stay in it for seasonal camping. 

https://www.theflume.com/free_content/article_476e8062-f846-11e5-a3ee-7b6fc88424be.html

Colorado is having heated debates about people camping on their land.

 http://crestedbuttenews.com/2018/10/county-debating-long-term-camping-and-property-rights/

 The purpose of the ordinance is to regulate vacation or short-term rentals within the city, and to allow property owners to offer their property for rent for a period of less than 30 days.

http://www.timberjay.com/stories/ely-zeros-in-on-short-term-rental-ordinance,17043 

 So by "short-term" then it's a period of less than 30 days. But a total of seven months per year per campsite.

So then they say "low frequency" means ONE "use" per month and then a space of one month before next use.... This is the same as that above rule I quoted!

 OK so a campground business can be open for seven months a year but "one party" can only camp for four months a year?

Dwelling.

(1)

The term "dwelling" means any building or portion thereof designed or used as a residence of one or more persons.

(2)

The term "dwelling" does not include a tent, cabin, trailer coach, mobile home, boardinghouse or roominghouse, hotel or motel.

 Oh I like this ordinance!! A cabin is not a dwelling? Where is this at! CLEARLY they mean not a "dwelling unit" which again is what is meant by "set up as a dwelling."!!

Childress Texas!! Awesome. Thank you 

 OK I get it - the land is assessed as Seasonal Recreational if there is long term camping on it

Which again means you HAVE to own or have a "permanent residence" somewhere else (I think).

 OK so I have AGRICULTURAL LAND which means there's no "state tax" - whew!

While assessors do not classify property based on intent (they classify property based on the actual use of the property), considering these three factors together can be an indication as to the primary use of the property.

 So that PROVES the 1905 claim that I cited before. Awesome.

Their land doesn’t qualify for ag property tax status because they fit neither distinction of having 10 continuous acres in production or a greenhouse on less than 10 acres. This is a dilemma for many small farms.

 Oops - so I don't have "ag land" unless I get a greenhouse!

 . In addition to the foregoing purpose, trail waysides shall be developed for the preservation and interpretation of the trail's natural, historic, or scenic values, and may include facilities for primitive Next camping, picnicking, sanitation, and parking for access to the trail.

Subd. 6.State wilderness area; purpose; resource and site qualifications; administration.

(a) A state wilderness area shall be established to preserve, in a natural wild and undeveloped condition, areas which offer outstanding opportunities for solitude and Previous primitive Next types of outdoor recreation.

(b) No unit shall be authorized as a state wilderness area unless its proposed location substantially satisfies the following criteria: appears to have been primarily affected by the forces of nature, with the evidence of humanity being substantially unnoticeable or where the evidence of humanity may be eliminated by restoration.

 So back to a seasonal tent dwelling site:

DWELLING, SEASONAL means a dwelling designed and used as a temporary residence and occupied less than six (6) months in each year.

https://www.lawinsider.com/dictionary/dwelling-seasonal

It says less than six months a year.

Then they say "intended" several times but the state property assessors say it's NOT based on INTENTION but actual use.

Tents or other temporary structures to be in place not more than 180 days in any one year.

 


DWELLING, SEASONAL means a dwelling designed and used as a temporary residence and occupied less than six months in each year.sssssssssssssssssssssssssssssssssssssss