Tree barriers were proposed as a potential solution to the chicken house issue at the recent county Economic and Agricultural Development Committee meeting.
Residents were given the chance to voice their concerns at this meeting during public comment. The chicken houses are causing an odor and some residents have reported runoff coming onto and damaging their property. Regional Field Services Representative supervisor Ed Clark was at this meeting to give his input on the situation and explain what can be done at a county level. Tennessee is a right-to-farm state, so there is not much that can be done if the chicken houses are doing what they are supposed to do.
“We have some very strong right-to-farm laws in the state of Tennessee. We have seen those benefit farmers from every different commodity,” said Clark. “Local governments, municipalities, county commissions and things are given by statute from the Tennessee legislature certain abilities to regulate and zone different industries and things, but in Tennessee it specifically says that any of those powers given to local government is not to regulate or zone or zone out any type of agriculture-related thing.”
Clark said by statute, they are very limited on what can be done within the county to keep these entities from coming in and buying farms in the county. He suggested property owners whose land is affected take legal action. He said the right to farm has been challenged many times, but has always been upheld.
“I certainly wouldn’t say there is nothing you can do. Anytime there is a group of concerned citizens that gets together, there are things that can get done. There is some attorney out there that may have a good argument. There is also sitting down with these companies and trying to work out some things that make it more agreeable to the community,” said Clark.
Joey Bowles, who owns property across from the chicken houses says his land has been damaged by the runoff coming from the houses.
“All that water is running off on my property and I am not able to plant any nursery stock and I am in the nursery business,” said Bowles. “I have land now that I am not going to be able to plant on and it is probably going to affect my income.”
Mark Smith also said he gets runoff on his property.
“They should be liable for what they have caused to your property. They ought to fix it or pay restitution,” said Clark.
“If they didn’t do what they weren’t supposed to do, it would have never happened. So the way to do that is to nip it in the bud before it starts,” said Smith.
Smith said he heard there were plans to build 16 more chicken houses near the Barron Fork River. He fears the runoff will enter and contaminate the river.
“When it happens, then it is too late. Are they going to be like BP cleaning up the ocean? Who is going to clean this mess up when it comes down the river and you have all these diseases from this runoff?” asked Smith.
Kristopher Robinson said he is directly next to the chicken houses and has witnessed runoff. He said he took notes at the last meeting regarding the houses where he heard ideas like becoming a metropolitan, different zoning laws and other solutions.
“I understand there is not much you can do going backwards as far as what has already been built and is in existence. Are there other options on the table being discussed?” asked Robinson.
“There is just really nothing we can do at the local level to do anything about it,” said County Attorney Robert Bratcher.
Bratcher said property owners have a private right to sue if their property is damaged. He said any change will have to come from the Tennessee Legislature.
“Is there something that Warren County can do to advance this and put it on notice for the state legislature?” asked Robinson.
“Here is the thing, Gov. Lee is passing out huge incentives to Tyson for them to bring in chicken houses,” said Commissioner Carl Bouldin.
Jerry Blankenship recommended having a county tree ordinance or a buffer zone around any structure that is a certain size. Bratcher said the county did not have the authority to do that. It would have to be approved through a private act which would have to be done through state legislature.
“The state has this legislative body’s hands tied. The people it is affecting have a chance to do a civil lawsuit and that is where you are going to have to attack this,” said County Executive Terry Bell.
“I hate it just as much as anybody,” said Commissioner Cole Taylor. “I want everyone here to know something. We keep trying to tell you this and I know you are upset. I know when people get emotional it is hard to hear anything else, but there is nothing we can do. There is nothing that we as a Warren County Commission can do. I have heard so many people say, ‘you don’t care about us,’ that is not true. We can’t do anything. We can call the state representatives. I know I have talked to Paul Sherrell, Rush Bricken and Janice Bowling about these issues. I have called these people myself and taken time out of my day because I am a commissioner and that is my job and that is what I want to do to help my constituents.”
Taylor agreed that the county could take it to the state, but said the county itself could not do anything about it.
“There is nothing that we can do. I agree with you, we got to go to the state. If that is something we need to do, we will do all we can to push,” said Taylor.
Robinson addressed Taylor and said, “I don’t know who has told you we don’t think you care. I want to respectfully take direct issue with your comment. We are in here yes, because we are passionate and yes, because we are upset and yes, we are in here because we have a problem. Everyone I have heard speaking has been listing their grievances, but when we are met with something can’t happen, we are coming up with other questions or solutions to try and work forward. I mentioned the metro in my first one, which isn’t going to matter, so you didn’t hear it from me again once I was told that it didn’t matter.”
Robinson said a tree barrier is the most interesting solution he has heard. He said it is nothing personal, he just wants to find a solution.
“I want to make sure it is not anything against y’all, it is simply in search of a forward-looking solution. You did end your statement after saying there is nothing that you can do with that we can take this to the state. As in you all,” said Robinson. “I can attest a tree barrier does excellent at trapping that stink because I can stand on my back porch and convulse from being about to vomit from the smell of putrid death that envelopes my entire property, or I can just step out in the open field on the other side of the trees and it still stinks. Don’t get me wrong, but it is just a little less.”
Industrial Development Board director Wendy Sneed said Tyson is usually cautious of how neighbors react to the farms. She said, “The one thing they do not want is bad publicity. They do not want neighbors upset. Normally before they move into a new community, they will gauge the perception of that community before they bring the houses in. They want the farms to do what is right and if they are not, they go to their farms.”
Sneed said most poultry farms in West Tennessee have some sort of windbreak on the edge of it. Commissioner Michael Bell suggested every one come to the meetings Janice Bowling has at the Warren County Administrative Building.
Following the meeting, Bouldin said, “We have to be careful placing restrictions and regulations on chicken agriculture because next would be row crops, beef and nursery. Freedom doesn’t mean we get everything the way we like it. We have to take the bad with the good. Everyone deserves to make a living, but unfortunately chickens smell and are more invasive than other forms of agriculture to the neighbors around these farms. I have land that borders Bridgestone and the noise from there takes getting used to. People don’t want government telling them how to use their own property. If these farms cause you damage that you can prove, the only action that you can take against them is a civil matter. Also property owners can put no chicken houses restrictions on their land before selling their property.”
Bouldin said he spoke to the manager of the chicken houses on Swamp Road and he is open to planting a tree barrier. Bouldin is going to look into if a grant is available that might encourage him to do the barrier at a lower cost.
