PROVO -- Five mink ranches asked Utah County for designation as agricultural protection areas Tuesday.
Only one was denied -- the largest, a $25 million Lehi ranch with 100,000 animals owned by Scott and Julie McLachlan.Each of the other four "intensive livestock operations," owned by Brent Beckstead, Kent Beckstead, Kim Beckstead and Keith Jonsson, were approved because the ranches existed prior to development going in around them and there are no outstanding legal problems.
Commissioners said they weren't comfortable agreeing to the McLachlan request while McLachlan doesn't have a business license and has pending nuisance complaints against his operation. McLachlan has been in business in the county for 25 years.
Neighbors Nancy Martin and Donna Norman said the stench from the ranch since McLachlan began running feed and rendering operations "is gut-wrenching."
Martin said she is not opposed to the mink ranch itself but is offended by the smells associated with the rendering and mixing plants. She doesn't like the gravel pit on the property either.
Norman said the stench from the ranch is horrible and makes her life miserable even though she considers herself a farm girl familiar with the smells that go with animals.
McLachlan told the commission Tuesday he doesn't do anything differently than several of his agricultural neighbors and is working toward relocating the rendering plant to Tooele. He said only the carcasses from his own operation are rendered on the property, as dictated by a court order after his plant was sued.
He said every month the ranch is inspected and found to be in compliance with health regulations.
He said the food byproducts and oils brought in by tankers are unspoiled and "fresh dead" for his mink.
His wife said she doesn't know what the neighbors are smelling. "Every smell in the area, it's us. We get blamed," she said.
Scott McLachlan said he leases property for a legal, bonded gravel pit.
Attorney Tim Taylor said farmers and ranchers are exempt from having to obtain business licenses unless they sell products other than produce or animals raised on the farm to others. He said the feed and rendering is strictly for on-site use.
However, McLachlan said later he occasionally sells surplus mixed feed to Moroni Feed and to Intermountain Farmers.
"That makes them a business," said Planning Director Jeff Mendenhall.
Commissioner Gary Herbert said he thinks some misunderstand the protections given to agricultural protection areas.
"There seems to be a belief that extra privileges go along with it when I always thought it was to serve notice to others that the farm or ranch is there," Herbert said.
Deputy county attorney Kent Sundberg said those so designated still must meet all health regulations and should follow standard agricultural practices.
"The statute is vague," he said. "They are fixed into the zone and protected somewhat from condemnation. They are also mostly exempt from nuisance violations."
Commissioner David Gardner moved to deny the McLachlan application for protection because the problems have been chronic and persistent and because McLachlan exports product without a business license. He said he's generally in favor of granting agriculture protection area status because the farms were in operation long before encroaching development found them to be problematic.
"My concern is in three areas, zoning violation, business license, and health regulations," Herbert said. "Those issues are relevant either way, whether we grant this or not."