Monday, December 18, 2023

Strictures of a Seasonal campground property: No mail box!! (therefore no street address): Cultivated log Shiitake is a Forest Product, not agriculture

Under Wisconsin law, campgrounds are not allowed to be a permanent residence. Seasonal may not claim Campground as their permanent address, voting address or any other place of residence. Seasonal may not have a mail box or receive mail at the campground.

https://whisperingpinescampground.net/info/seasonal/seasonal-policies/ 

My land is registered as a farm and owned by my farm. Therefore for my land to NOT be considered a permanent residence or any other place of residence there should NOT be a mail box or even a street address!! My land is not property tax zoned as a farm because to be property tax zoned as a farm it has to be a residential property.

Post Office Boxes are available at the Holmen Post Office for a fee.

So if I do seasonal camping on my farm land then I would need a PO Box at the nearby post office...

My land is a FOREST FARM - !! creating "forest products" - NOT "agricultural products"!!

 

 In Forest Farming, high-value specialty crops or special forest products are cultivated or grown under the protection of a managed forest canopy. Crops like ginseng, shiitake mushrooms and decorative ferns are sold for medicinal, culinary or ornamental uses.

 

https://seasonalcampinglife.com/can-you-live-full-time-in-a-seasonal-campground/ 

Class 2b rural vacant land consists of parcels of property, or portions thereof, that are unplatted real estate, rural in character and not used for agricultural purposes, including land used for growing trees for timber, lumber, and wood and wood products, that is not improved with a structure.... It also includes land that is used for growing trees for timber, lumber, wood and wood products.

Agricultural purposes means the raising or cultivation of agricultural products

https://www.co.nicollet.mn.us/134/Agricultural-Homestead 

 agricultural pursuits, minor means the raising of crops or the rearing of livestock, either separately or in conjunction with one another,

 AGRICULTURAL PURSUIT NOT DETERMINATIVE FOR PROPERTY CLASSIFICATION

 https://www.revisor.mn.gov/statutes/cite/17/full

The production and marketing of nontraditional agricultural products are considered agricultural pursuits

 Participating in an agricultural pursuit identified in this chapter is not determinative for the classification of property under chapter 273.

 is not an agricultural pursuit because there is no agricultural product produced and sold.
agricultural pursuits, minor means the raising of crops or the rearing of livestock, either separately or in conjunction with one another,

https://www.revenue.state.mn.us/sites/default/files/2011-11/acp_10_horse.pdf 

 reconstituted wood product manufacturing;

 all other miscellaneous wood product manufacturing; 

Agricultural operation" means a facility and its appurtenances for the production of crops, livestock, poultry, dairy products or poultry products,

 "Agricultural crops" means annually seeded crops, legumes, fruit orchards, tree farms and nurseries, turf farms, and apiaries.

 Specialty crops" means fruit orchards, vegetables, tree farms and nurseries, turf farms, and apiaries.

 Health Department:

Subp. 52b.

Mushrooms.

B.

"Mushrooms, cultivated" means edible species of mushrooms that have been grown by a person or persons under controlled conditions, outdoors or indoors, on natural or artificial substrate.

https://rhodeislandwoods.uri.edu/landowner-toolbox/wood-products/ 

The following alternative forest products have been identified by The Rhode Island Rural Lands Coalition and the Rhode Island Department of Environmental Management as having potential for Rhode Island landowners: maple syrup, wild or cultivated mushrooms, witch hazel, ginseng, floral greenery, recreation, and specialty wood products.

 “Cultivation of shiitake mushrooms as an agroforestry crop

  Hardwood log mushrooms are considered non-timber forest products 

https://www.pubs.ext.vt.edu/ANR/ANR-102/ANR-102.html 

https://www.fao.org/3/i6731e/i6731e.pdf

 Non-wood forest products

 Minnesota Statute 17.458, subdivision 1 defines “agroforestry” as: the
cultivation of short-rotation woody crops using agricultural practices to produce timber
or
forest products. Subdivision 2 of the same statute indicates that agroforestry is an
agricultural pursuit.
However,
short rotation woody crops are not specifically identified as an “agricultural
product”
in Minnesota Statute 273.13, subdivision 23 which outlines the classification of
property for property tax purposes. In fact, the definition provided in Minnesota Statute
17.458 references “timber and
forest products.” In the past, production of these products
would have been considered to be a timber use in Minnesota Statute 273.13, subdivision
23.

 https://www.revenue.state.mn.us/sites/default/files/2011-11/acp_06_woodlands.pdf

 Minnesota Statute 273.13, subdivision 23 was REVISED yet still...

trees, grown for sale as a crop, including short rotation woody crops,
  Short-rotation woody crops (SRC) refer to fast growing deciduous trees, which are grown as energy crops, such as willow and poplar tree

 https://www.revisor.mn.gov/statutes/cite/17.458

17.458 AGROFORESTRY.

Subdivision 1.Definition.

"Agroforestry" means the cultivation of short-rotation woody crops using agricultural practices to produce timber or forest products.

 The term "agricultural products" as used in this subdivision includes production for sale of:

(1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner;

(2) aquacultural products for sale and consumption, as defined under section 17.47, if the aquaculture occurs on land zoned for agricultural use;

(3) the commercial boarding of horses, which may include related horse training and riding instruction, if the boarding is done on property that is also used for raising pasture to graze horses or raising or cultivating other agricultural products as defined in clause (1);

(4) property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing;

(5) game birds and waterfowl bred and raised (i) on a game farm licensed under section 97A.105, provided that the annual licensing report to the Department of Natural Resources, which must be submitted annually by March 30 to the assessor, indicates that at least 500 birds were raised or used for breeding stock on the property during the preceding year and that the owner provides a copy of the owner's most recent schedule F; or (ii) for use on a shooting preserve licensed under section 97A.115;

(6) insects primarily bred to be used as food for animals;

(7) trees, grown for sale as a crop, including short rotation woody crops, and not sold for timber, lumber, wood, or wood products; and

(8) maple syrup taken from trees grown by a person licensed by the Minnesota Department of Agriculture under chapter 28A as a food processor.

Rural Vacant property tax classification:

  A structure can still be considered minor and ancillary if it is occasionally used overnight for hunting or other outdoor activities.
A structure or group of structures may not be considered minor and ancillary if they total 300 or more square feet, if any structure is used residentially on more than an occasional basis, or if there is an improved building site that provides water, sewer, or electrical hook ups for residential purposes.

  Unplatted property is described in terms of Section, Township and Range.

 Unplatted Property – We recommend that only unplatted property be considered to be eligible
for the rural vacant land classification

 First to subdivide,one goes to the county pays a fee and requests permission to divide the land to parcels; If granted a permit is registered.That's unplatted sub division. Next the landowner needs to hire a surveyor, get the roads and lots surveyed to standards, then after surveyed it is reviewed by county to meet standards; If accepted it is platted.

 Property classified Rural vacant does not allow agricultural crops (since agriculture requires a residential structure as family farm). Seasonal camping is property classified requiring a permanent residential structure elsewhere. Rural vacant property classification DOES allow wood products! Technically shiitake log mushrooms are a "forest product" and not an agriculture product - rather an agricultural pursuit! Therefore as per zoning I can do seasonal camping yet as per property classification for property USE - I am still a shiitake farm of forest products, not "agricultural products"!!

"Hardwood log mushrooms are considered non-timber forest products, meaning they come from the woods."
Class 2b rural vacant land: It also includes land that is used for growing trees for timber, lumber, wood and wood products.
So by growing mushrooms I can camp seasonally - even year round if I legally just leave the land for a few days a month - as long as I do not have a street address and mailbox!! Wow!!!! I did it!! hahahahaha. I somehow snuck PAST the legal loophole of being legally homeless!!
This is the discussion of agroforestry products NOT being agricultural crops but rather a forest product.
So the farm tax assessment now says TREES are agricultural crops:
trees, grown for sale as a crop, including short rotation woody crops,
  Short-rotation woody crops (SRC) refer to fast growing deciduous trees, which are grown as energy crops, such as willow and poplar trees.
but shiitake mushrooms are forest products - and thus NOT ...
  However, short rotation woody crops are not specifically identified as an “agricultural product” in Minnesota Statute 273.13, subdivision 23 which outlines the classification of property for property tax purposes. [this got changed above] In fact, the definition provided in Minnesota Statute 17.458 references “timber and forest products.”
So that Tax Assessor document proves that "forest products" are NOT "agricultural products"!! 17.458 AGROFORESTRY. Subdivision 1.Definition.
"Agroforestry" means the cultivation of short-rotation woody crops using agricultural practices to produce timber or forest products.
If it was timber then it would be an agricultural product as a woody crop but it's a forest product, not timber.
 
Except as provided for in class 2b Rural Vacant Land, property that is not improved with a structure and for which there is no identifiable current use

  unplatted, unimproved, rural in character and is not used for agricultural purposes. It also includes land that is used for growing trees for timber, lumber, wood and wood products. The land cannot be improved with a structure unless the structure
is a minor, ancillary, non-residential structure
minor, ancillary structures as sheds or other primitive structures.. .provided that the occasional overnight use for hunting or other outdoor activities shall not preclude a structure from being considered a minor, ancillary structure.
https://cms5.revize.com/revize/mcleod/Assessor/Property%20Tax/Classification%20of%20Property.pdf

  class 4c(1) seasonal residential recreational, the owner had to occupy the property for residential purposes. Such residential purposes included camping in a tent, occupying a travel trailer, camper or other recreational vehicle, or living in a cabin on a seasonal or occasional basis.

Since the land is owned by my shiitake mushroom farm, therefore it is not seasonal recreational camping!

It is the opinion of the Department of Revenue that there does not need to be a residential structure for the property to be used seasonally. Camping is considered to be a seasonal use. If there is no identifiable use of a property, Minnesota Statutes, Section 273.13, subdivision 33 requires assessors to classify it according to its most probable, highest and best use.

 While the typical summer cabin comes to mind when visualizing the 4c(1) seasonal
residential recreational class, it also includes land used for recreational activities such as camping and hunting.

 https://www.revenue.state.mn.us/book/export/html/12116

Forest Shiitake are NOT listed as an agricultural product!

 https://www.billtrack50.com/BillDetail/1454246

Maple Syrup specifically defined as an "agricultural product." , or by a person excluded
from licensing under section 28A.15
. amending Minnesota Statutes 2021 Supplement, section 273.13, subdivision 23.

 In 2022 Maple Syrup had to have a special Minnesota law passed to legally define it as an "agricultural product" and before that it was a "forest product" https://www.billtrack50.com/BillDetail/1454246
This means since Shiitake is not listed specifically as an "agricultural product" - it is still considered a "forest product" in the agroforestry law.
The "Rural Vacant" tax assessment I have does not allow "agricultural purposes" but that requires an "agricultural product"!! That means I can legally camp on my land without requiring a permanent residence because I will still be tax assessed as "rural vacant" and not "residential" and not "seasonal recreational" - I am not "seasonally recreational" since I am farming but it's a Forest Farm!!
17.458 AGROFORESTRY. Subdivision 1.Definition.
"Agroforestry" means the cultivation of short-rotation woody crops using agricultural practices to produce timber or forest products.
So there was a MN Tax Assessor report in 2005 that called for "short-rotation woody crops" to be assessed as an "agricultural product" - and thus this was legally changed... to add the same "specific specification" just as was done for Maple syrup in 2022!! The tax assessor report stated:
However, short rotation woody crops are not specifically identified as an “agricultural product” in Minnesota Statute 273.13, subdivision 23 which outlines the classification of property for property tax purposes.
But Forest Shiitake are still a "forest product" and NOT an agricultural product as per the USDS document.
In Forest Farming, high-value specialty crops or special forest products are cultivated or grown
under the protection of a managed forest canopy. Crops like ginseng, shiitake mushrooms
The Forest Service, an agency of the U.S. Department of Agriculture (USDA),
In standards for packing the Shiitake is defined as a vegetable!
A vegetable is the edible part of an herbaceous plant (such as cabbage or potato) or fleshy fruiting body of a fungus (such as white button or shiitake) grown for an edible part such that vegetable means the harvestable or harvested part of any [[Page 3632]] plant or fungus whose fruit, fleshy fruiting bodies, seeds, roots, tubers, bulbs, stems, leaves, or flower parts are used as food and includes mushrooms, sprouts, and herbs (such as basil or cilantro).
https://www.govinfo.gov/content/pkg/FR-2013-01-16/html/2013-00123.htm 
 Taxonomically, a mushroom is a fungus (Ref. 62). For regulatory purposes 
in the United States, 
however, mushrooms have generally been treated as vegetables. Mushrooms are classified as vegetables by USDA AMS under the Perishable Agricultural Commodities Act (7 U.S.C. 499a-499t)

https://www.lmr.uni-bayreuth.de/pool/dokumente/Report_Mushroom_Mycelium.pdf 

When it comes to products derived from the processing of mushrooms and
mycelia, the “agricultural product” status must be determined on a case-by-
case basis. Per Article 38(1) TFEU, agricultural products are the products of
the soil, of stockfarming and of fisheries and products of first-stage processing
directly related to these products. However, not only the results of one single
processing action on raw materials are subject to agricultural provisions.45
What must be considered is the economic interdependence between the basic
product and the processed product.46 When the procession of agricultural raw
material represents only a marginal cost in the production of the end product,
the end product cannot be considered an agricultural product. As an example,
mushroom cultivation may fall under the CAP provisions. However, mycelium
biomass produced via fermentation, cut in slices and sold B2B is likely to be
not considered an agricultural product.

http://treefestottawa.org/ferme-et-foret

 5. What tree product are you most excited about bringing to market? 

Sean: I'd have to say the shiitake mushrooms.

https://www.fs.usda.gov/nac/assets/documents/workingtrees/brochures/wta.pdf

  non-timber forest products are defined as “all
biological materials other than timber which are extracted from forest for human use” (De Beer
and McDermott 1989). Thus, non-timber forest products include forest produce
such as pine
leaves, cones, mushrooms, bee products, fruits and nuts, Christmas trees,
materials for crafts,
fence posts, fuelwood, and medicinal plants.
https://www.mdpi.com/2071-1050/11/23/6534
forest product producers receive a lower income than agricultural product producers.
South Korea is unique in that its agricultural and forest products

 are classified under a different category.

 The main products from forests in Korea are non-wood forest products

such as chestnuts and mushrooms, which are major exports.

 Exclusive Use - Real Estate of Less Than 10 Acres
Real estate of less than 10 acres that is exclusively used to raise or cultivate agricultural
products should be considered to be agricultural land. “Exclusively” means the entire

 parcel,border-to-border is used for an agricultural purpose – there is no house,

no cabin, and

no other use of the parcel. If there is another use on the property, it is by definition not

used exclusively for agricultural purposes.

https://www.revenue.state.mn.us/sites/default/files/2023-09/module-3-classification-property_0.pdf 

 Intensive Use Real Estate of Less Than 11 Acres Improved With Residential Structure
If a property is less than 11 acres in size and has a residential structure, the property must be
used for one of the following purposes to be considered agricultural:
• Intensive grain drying or storage;
• Intensive storage of machinery or equipment used to support agricultural activities on
other parcels of property operated by the same farming entity;
• Intensive nursery stock production, provided that only those acres used to produce
nursery stock are considered as agricultural land (land used for parking, retail sales, etc.
does not qualify);
• Intensive market farming, which means the cultivation of one or more fruits or
vegetables or production of animal or other agricultural products for sale to local
markets by the farmer or an organization with which the farmer is affiliated.

 if any structure is used residentially on more than an occasional basis, or if
there is an improved building site that provides water, sewer, or electrical hook ups for
residential purposes. If there is a non-minor/ancillary structure on the property, then the
property must be split classed according to the appropriate use or uses of the property. Some
indications that the structure is not a minor, ancillary structure would be the fact that it is
designed for residential occupancy and includes kitchen facilities, separate bedroom areas, or
gas service.

 40 acres woods: Class 2b Agricultural (if the trees were used for maple

syrup production),
"Agricultural purposes"
as used in this section means the raising or cultivation of agricultural products.
Minnesota Statute 273.13, subdivision 23, paragraph (e) states that:
The term ‘agricultural products’ as used in this subdivision includes production for sale
of:
(1) livestock,… horticultural and nursery stock,…;
(7) trees, grown for sale as a crop, and not sold for timber, lumber, wood, or wood
products
; and
(8) maple syrup taken from trees grown by a person licensed by the Minnesota
Department of Agriculture under chapter 28A as a food processor.

 Rural vacant land with no water influence and no readily
identifiable use (residential or cabin development).

 Residential Development means a development that provides one or 

more dwelling units

 

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