Township roads and "IMPLEMENTS OF HUSBANDRY"

Hi guys.
Wondering what experiences you have with local rural townships and their roads when farmers with increasing size operations. Not intending to pick on anyone, just looking for commentary from different perspectives.

In a few cases here in WI I've been hearing about the township roads getting torn up by manure trucks, silage trucks, and grain haulers. The townships usually don't have laws/rules in place to regulate the traffic on the roads. Overweight vehicles or large equipment are hard to hold accountable for the damage. They call them: implements of husbandry.

A little town barely maintains the roads it has. Should the farmers pay more for their excessive using the roads? If so: how do you go about making that happen? Most rural townships don't have a Police force, or traffic enforcement. They rely on the County Sherrifs deputies. And we know how that goes - no care, no time, no bother...the trucks roll on.

If the farmers should not pay more for the road use - how do you convince the residents to enjoy the property tax increases?

A recent story I heard involves a long-time, good-standing township family. Been here for years. Well, over time, to stay in business, their dairy operation has expanded tenfold. They've spent millions of dollars buying up land from the former Kingpin dairy operations in the township - mostly on good terms. With this, they have giant equipment to handle the feed and waste from the cows.

Nobody wants to attack their neighbors, but the township can't afford to fix the roads suffering excessive wear & tear. The family has been good neighbors and they participate in the community. But, dwindling tax revenues (the state DNR keeps buying up riverland in the township - that's a separate discussion!) aren't sufficient cash to rebuild roads at $500,000 per mile.

What could the township do?
What have other townships done?

Thanks in advance for your thoughts.
Dan

If you didn't type one too many zero's, someone is taking advantage of the tax payers in your township at $500,000 per mile to resurface.

I don't know how Wi tax system works but here a
portion of real estate taxes get used for road grading
snow removal and road repair if you farm more you are
paying more in taxes. If you rent the ground the owner
is paying the taxes but he is collecting the rent to
do so. the county collects the tax and a certain
percent goes to the townships.

Resurfacing a road will not begin to fix it. If heavy equipment is on the road a new road bed must be made to support the road. That requires digging up all the old road down several feet and building up a solid baseand then a nw surface. $500,000 a mile is within the realm of reality for this

I've never been involved directly, but I understand our local County Highway Superintendent has the authority to bill farmers and businesses directly if their actions cause excess maintenance to a road.

Most township roads are gravel here, need a pass with the
road grader each fall.

Neighbor put up hog barns years ago, the county added a
road fee to the conditional use permit you need to put up a
large barn. I forget the amount so I won't try to guess, but
anyhow the big barns pay extra here?

Paul

Here, the county collects property/land taxes, a portion of which are used to maintain county roads, and a portion is returned to the townships to help with the few important roads that the county doesn't maintain.

The taxes I pay on EACH "1/4" of land I own are comparable to those on a nice house in town.

Does it work differently where you are? Aren't those "BTOS" already paying some pretty hefty property taxes?

Roads here are horrible in SC Nebraska. They are
about 12 to 14 ft wide (some are full of trees)
and are graded only two or three times a year.

The problem is not farm equipment, but semi
trucks.

(quoted from post at 15:15:14 11/13/14) just looking for commentary from different perspectives.

Click to expand...

If you're just interested in different perspectives...

In Delaware all rural roads are state maintained (as opposed to county, township, etc). And all roads are pretty good. Interestingly, though it was before my time, my understanding is that the quality of the rural roads is a direct result of the state deciding vibrant agriculture requires good roads. (I'm sure there were also some broader political maneuverings...)

Given we're really just an extra large sandbar, without good roads our current agricultural economy wouldn't be possible. As it is, the Ag economy is vibrant and dependent on very large equipment and semis being able to get anywhere, any time.

Of course, good roads bring residential development pressure but that's another issue....

Maybe, maybe not. depends on the road. About ten years ago we had 1 mile of highway on Rt 126 repaved and it cost just under $1,000,000. It was a state highway with the extra wide shoulders. If you subtract the wide shoulders and bring it down a township road, it could still cost close $500,000 per mile, depending on the grade of blacktop used.

Our township roads (mostly rural dirt roads) are pretty well maintained by the County but WE pay for it. We have a road budget that will only go so far each year. The twp gets with the County Road commission and decides what the priorities are and, in general, will do N/S roads one year, E/W roads the next. From what I've heard at twp board meetings, the biggest thing to do is a) get proper grading so the water runs off and b) putting down calcium chloride which helps "hold the road together". Yes, there are washboard areas at driveway entrances and where dirt roads transition to pavement but these get graded regularly, as needed.

Our township in Mahomet,Illinois is the best. It puts the City to shame. Just elect a good farmer as the road commissioner. Make sure they keep a good set of records of purchase and income.

Our townships set the road assessments at the annual meeting in March. We have some large (1300 cow) dairies in the area and road damage is not a problem. Most hose the manure out to field applicators- even a couple of miles away.

In ontario if the warning lights are working, the equipment stays off limited access high speed roads, bridge weight is not exceeded and if mud or manure is not tracked onto the road. You can drive just about any farm machine anywhere at anytime.

In my state there are specific rules governing the operation of "Implements of Husbandry" in public roads. That's where I'd start.

If there is no law or ordinance against it then I doubt you will ever see many volunteers to pay extra tax or pay out right for repairs. I would people would be glad for the local industry and the jobs created and taxes already paid by them instead of trying to figure out how to soak them further.

Hi I can't remember why I saw it and how i came
to read it. there was a discussion somewhere
that Uncle Sams lynch men, are just going to
flat out ban most of these big tankers/
equipment, by introducing axle loading laws
like semi trucks have for farm equipment on
roads.

Then most of these tankers combines and seeders
on 12 wheel tractors won't be allowed on roads
full stop, Fully loaded tankers especially, if what I read is correct.
We have 65% restrictions on roads up here in
Canada in the spring for semi's. Even empty semi's are to
heavy and can't run on restricted roads, due to front axle weights. It's a
pain and restrictive to business. But get used
to it. It may be coming to your or a farm near
you permanently!.

Regards Robert

It's funny, around here no says a thing about the huge liquid manure tankers or overloaded tractor and trailers doign the same thing, running the roads and destroying them. What they get upset about is the Amish because they leave a mark on the road. Yup, that 800 lbs horse and 350 pounds of buggy and driver are going to really hurt the road but that tank has big tires on it so it must be okay........

Our property tax is something like $22-24 per acre for farmland every year. (This total does not all go to county highway department which maintains rural roads) In some cases that is paid by landowners who do not farm so do not drive loaded semi's on rural roads. These trucks load up during the driest part of the year and drive the rural roads to get the harvest in. They may do some damage to roads but maybe not much in October/November during a dry harvestime. The State is trying to raise property tax higher every year for farmers and landowners. At 3.50 corn there may not be much blood left in the turnip. It doesn't cost 500,000 dollars a mile to maintain a rural gravel road or blacktop here. Non farm types may favor better roads to be subsidized by higher property taxes since farmers do not hold much political clout. Not sure many farmers or landowners will favor more taxes to fix roads or fix anything for that matter.

"This is 'merica! I should be free to destroy the public highway system if I want!"

Most public highways in the USA are privately
owned and local governments just have right-of-
ways over those private properties. Seems to me -
once a government takes control of someone's
private property and lets the public use it - it's
the same government's responsibility to figure how
to maintain it.

As far as I know in Iowa no vehicle can exceed 20,000 axle weight whether it's farm trailer or truck. I don't know about gross. In the fall when I'm waiting at the scale at the elevator I see tractors pulling two wagons weighing up to 120,000 pounds. That's on six axles so it averages to 20,000 per but I doubt if the tractor is a third of the weight.

Yeah we have two wagons like that 760 buschers a piece, and
taking grain cart down road loaded 1400 buschers with a
45,000 pound 435 case ih one axle on cart and two on tractor.
Our county never complains but there's numerous neighbors
who do the same here in Iowa.

When I used to pull a 5 shank ripper with the 1086 I could go right through the 1000 bushel grain cart tracks but if I came to tracks made by a loaded truck it would darned near stop the tractor. Those flotation tires on the cart make a difference. The cart would have at least 56,000 pounds of grain plus the weight of the cart, 10,000 ? and I estimate 2/3 of the weight is on one axle so that wouldn't the axle weight at roughly 43000 pounds. The tires are probably 42 or 48 inches wide and around five feet tall compared to four 11 inch truck tires at maybe three feet tall carrying 20000 pounds. Those truck tires cut into the ground much deeper than the cart tires carrying twice as much weight as the truck tires. The grain carts and manure tanks squish out the sides of the gravel roads where trucks with duals and wagons with super singles make grooves. I would think the grooves would be easier to fix than the squished out road sides.

Don't know the answer but I can say that the most of the
township roads in my township were built before my time. They
were built during the transition from horse to Ford 8n, JD A's, IH
H and M's etc. Now the front tires of a FWA tractor are bigger
than the tractors rear tires mentioned above. All I'm saying is
that townships will need to plan ahead and rebuild roads for
they modern equipment.

Growing up we couldn't drive the grain truck fully in our lane
because the edges of the road would cave out. Eventually they
just came through and ground up all of the blacktop roads and
made them all dirt with the ground up blacktop mixed in. Dusty
as all get out, but it seemed to work better. There are places
around here where I drive the semi and hopper bottom in the
middle of the road because of the poor roadbed. They just add
more asphalt when it dips too much. Bunch of idiots.

Way down here in Alabama, the State Troopers monitor and stop the large equipment and have a portable scale. I frequently see them stopping overloaded (appearing) vehicles and weighing them. I would think the neighbors of said road, where you are at, could contact the Troopers there and ask about this situation. I'm certainly not against the farmers/truckers but lots of these roads are just not made for this type of traffic in the county etc. I have wondered if when I see one of those "truck route" signs, it is to protect the smaller roads and keep them on the main roads built for such.

A few years ago I was at the local elevator when a farmer I know came across the scale with two 650 bushel wagons pulled by a 250 horse tractor. I didn't see the weight but it had to be over 100000 pounds by a bit. When he came in for his scale ticket he actually bragged to me in a cocky manner that he hauls more than a semi and doesn't have to pay for insurance, license and heavy road use taxes like the truckers do. A couple of years later the hitch pin broke in the front wagon and both wagons went upside down in the ditch, fully loaded. I just couldn't feel sorry for him.

(quoted from post at 19:58:38 11/13/14) Most public highways in the USA are privately
owned and local governments just have right-of-
ways over those private properties. Seems to me -
once a government takes control of someone's
private property and lets the public use it - it's
the same government's responsibility to figure how
to maintain it.

Click to expand...

In NY the land the roadway sits on and the right of way were normally taken through eminent domain or adverse possession to my understanding.

The small farm just up the road where I hung out as a kid, has grown from about 75 to about 1,200 milkers, with all the attendant trucks hauling past the house. When staying over through the years I noticed that there was always a considerable thud and the house would shake a little as the trucks went by. Now the concrete block foundation is falling apart and will need to be replaced. Did the truck traffic do it? I expect so, but there is no way to prove it, and it is just progress and life.

I work for a road commission here in MI, and each driver takes
care of a township and a quarter of another. The one I take care
of luckily has no mega dairies. Adjoining townships do though,
and their equipment is starting to filter into mine. These dairies
have not all been here forever, 75% or so have started in the last
10 or 15 years, many not even that old though. Most are owned
by Belgians or Dutchmen. Their equipment destroys roads,
especially when there is 5-10 10,000+ manure spreaders
making 20-30 trips each down the same road each day. Good
paved roads have turned into roads of solid patch material, and
gravel roads into mud bogs that a tandem county truck with all
rear wheels locked in, cant drive down. People live on these
roads, try explaining to people why they can hardly get to their
home. Unfortunately, the right to farm act protects these multi-
million dollar operations (enterprises) , and does not require
them to abide by frost laws and weight limits, and also protects
anyone hauling agricultural commodities (sand, feed, silage,
hay, outgoing milk) to them from the same weight limits and
frost laws if they are bonded to that particular dairy. A
responsible business owner hauling to these operations will
abide by the same rules as everyone else, but there is always
those that dont care. Usually the small "mom and pop" dairies
try not to tear up roads or if the do, they will call and let us
know, and not keep hauling on that same road, so it will not
become irreparable. The drivers that do unfortunately have
these large operations in their territory usually have to spend
60% of their time maintaining only 10% of their roads (the ones
around the dairies), allowing them only 40% of their time to try
to keep up with the other 90% of their territory, and those roads
still need to be maintained regularly as well. When you figure
both "lanes" of gravel and pavement, each driver is responsible
for around 160-180 miles of road. One township here in my
county tried to fight having a new dairy built, as did the
residents, but the right to farm act allowed it to be built, no
matter what the township or its residents thought. Needless to
say, their roads are now deteriorating quickly. Some people put
short 6-8" steel spikes 4' in from the edge of the road in their
yard, angling towards oncoming manure spreader tires. They
dont try to hide them, theyll paint them orange or whatever, but
they say if the dont, they've had spreaders 10' into their yards,
while trying to pass oncoming spreaders. Houses around the
new dairies for a mile around them now have no resale, so the
people trying to move away from them cant sell their houses.
No one enforces the, "manure must be turned under in 24
hours rule" either. Most say the roads are not their
responsibility, and are there to use, and will destroy them and
will not even consider helping to repair them. Hard to patch/
scrape roads like that when the tractors and spreaders will not
stop or even slow down unless hitting someone or a vehicle is
imminent. I know they provide jobs and I appreciate that, but
they could do it in a much more community/general public
responsible way. Thats just my experiences with the subject.
Ross

Brett4207, In New York that was my impression, Maybe John is rererring to an older law that we do not know about.

If most farmers were older they might remember when gravel and some paved roads just went all to h-ll in the spring when the frost went out. I can remember several days when our road out to the highway ( E.Sterling Road, Moscow Twp., Hillsdale Co., MI) would get so soft and badly rutted we had to put our milk we regularly sold in 10 gal. cans on a platform on the rear of our Farmall H and take it to the highway a mile and a half away,(US 112) where the milktruck could pick it up. We grocery shopped (no too much actually bought in those days anyway) at a small store at this intersection the same way because there was no getting out with a car to go to town which was another 4 miles west on the highway....(a little far for the tractor...even with a heathouser).
School bus couldn't get through either so this high school boy did some extra farm work and chores instead....
Now this same road (60 years later) is a state designated all season, well built, paved road so wide it hardly ever even gets blocked by snowdrifts and if it does it is plowed out by County plows within one day or less after the storm. This road now handles the heaviest vehicles all year around with no apparent damage.

Here in South Central Michigan it's not the 800# horse and 350# buggy that cause the road damage by the Amish farmers. It is the 2500-3000# teams shod with carbide tipped shoes pulling a steel wheeled wagon loaded with 15,000# of out-of-date milk. Several miles of paved county roads will be milled this spring and turned back to gravel, because it's costing $2,000 per month per mile to repair the blacktop. Of course there's no fuel burned or license plates bought so no revenue to help pay for the damage.

Cas,
Here in Ohio my property map and description shows that the property line is "the center of the road", and I'll bet that we're are taxed on that land as well as the rest of the property.

It also shows that the "right of way" easement extends so many feet from the "center line of the road."

Myron

$204,000 to rebuild 900 feet of Center Ave in Burgettstown, PA because of coal trucks running 24-7 365 on a street that still has the orange brick pavers under the cracking asphalt...


I can believe $500,000 per mile easily.


The biggest fight I have around here is actually me with the state and twp, because everywhere I need to go, there is a weight limit. If the weight limit is on the road, I have to place bonding on the road. If the weight limit is on a bridge, I can't touch it. The biggest part of that problem is that my township is split in half by a historical creek with historical covered bridges and pig iron pony hip truss bridges that are 10 1/2 - 12 feet wide. Some of the bridges have 3 ton limits, one is 20 tons. the 20 ton bridge is 14 feet wide, but, with guard railing, is down to 13 foot usable. 6 row corn planters are not welcome on the roads. Implements of husbandry are allowed 14 feet wide, either being towed on a trailer, or towed, or pulled behind a tractor. The law is pretty open on that. However, the roads are not wide enough or strong enough to get me from one side of the township to the other. Nothing is flat, no roads are straight, and none are wide. I actually saw one of the local tractor pull guys posted a video of running his Oliver on roads around here, pulling a load of ear corn... It pictures my situation perfectly.





https://www.youtube.com/watch?v=gbsk79K6D4o

So what can I do? I have been using a method I derived from watching the Dukes Of Hazzard as a kid. It's like the "Hazzard Net" they used to track someone. I have many farmers and land owners that I ask permission to cross through their farms to take an overland route avoiding the roads. It works well, but, it's a lot to go through, just to make the same money that my grandfather and father did with smaller equipment and less acres...

Thank you for all the sympathetic replies. It's a hard issue, we know that. No easy answer.

All the laws/rules/fines/regulations don't make much difference without enforcement and/or fines. The township referenced has already been told by the County Sherriff that they (the sherriff) will NOT help them enforce local laws. They're too busy and understaffed to chase tractors in some little 'ol township.

The township can set rules, make ordinances, but without the gumption to hire an officer or patrolperson to enforce and uphold the laws - there's no point in printing the paper. Maybe they setup traffic cameras and mail the tickets to the truck owners! they do that in Chicago and on the tollroads!

The landowners and farmers DO pay more in taxes (in terms of dollars) but...percentage-wise the AG land is taxed at a lower rate. So, the farmers pay more in volume, but not in rate. Remember - the same land used to be held by a dozen small farmers with small equipment, this issue didn't exist.

This particular township is also one of only 4 in our state that DOESN'T have any zoning...

(quoted from post at 23:38:29 11/14/14) Here in South Central Michigan it's not the 800# horse and 350# buggy that cause the road damage by the Amish farmers. It is the 2500-3000# teams shod with carbide tipped shoes pulling a steel wheeled wagon loaded with 15,000# of out-of-date milk. Several miles of paved county roads will be milled this spring and turned back to gravel, because it's costing $2,000 per month per mile to repair the blacktop. Of course there's no fuel burned or license plates bought so no revenue to help pay for the damage.

Click to expand...

I don't know how it works where you are, but here the fuel and license plate taxes wouldn't pay 1% of the road costs. It all goes into the general fund anyway. A tiny, tiny percentage of fuel faxes come back to the towns. Land and sales taxes pay for the roads here and Amish pay the same land and sales taxes we do, as every other farmer does. You sound just like our former county highway superintendent who refuses to recognize the damage the mega dairies are doing and concentrates on the Amish because the bigots find them an easy target. Around here the Amish are tax payers unlike most of the trash we have moving in. I'll take those noisy steel wheeled wagons over a bunch of trash on ATVs, burglarizing everything in sight and growing pot where ever they can any day of the week.