The following was an email to me, club members and some friends from the president of the HO scale club that I am a member of.
Folks,
The powers-to-be in Lane County and the state of Oregon has found a private citizen really doing something drastically wrong and it is destroying Lane county and the state. This makes doing away with law enforcement, huge pot holes and spending hundred of millions looking at ways to spend OUR money look like a very small potatoes. I for one plan on spreading the word and helping these people out. If you do nothing else, PLEASE let ALL your friends know about this scourge that is worse than our problems around our cities, counties and the state.
Take a look at this site. http://www.peak.org/~kmr3/M&LKRailroad/index.html
Dan
While I feel sorry for the guy, I think he will lose in court. City officials like getting their palms greased and their permit money for stuff like that. I doubt this story will have a happy ending.
Depends on what the issue actually is. On the left hand side it mentions something about a commericial entity vs a hobby and wanting folks to write and talk about the hobby.
One thing mentioned is that he has some of the county officials on his side, which might make a difference.
This is why I talked to my local codes enforcement people BEFORE I:
Built a retaining wall in my back yard. (Required permits and inspection, and had to be built to a code that I personally considered gross overkill.)
Insulated the layout space. (The inspector told me how to do it without requiring a permit.) In the process, I learned that I absolutely, positively COULDN’T close the vents next to my gas water heater, but could build a temporary insulating wall to isolate that corner. (As long as the wall isn’t anchored to the permanent wall, floor or ceiling it falls into the same category as a free-standing folding view screen. The only requirement is that the water heater must be readily accessible.)
It’s always easier to comply with the law than to explain why you didn’t.
Unfortunately, it isn’t as simple as paying the property taxes and the mortgage loan, and avoiding being sued by someone who wants to take your assets. One would hope that, if the railroad is not a nuisance and doesn’t do much harm to the environment, the county would do no more than require a nominal fine ($1 should be sufficient) if, indeed, permits should have been obtained.
This all makes me wonder if I should have gotten a permit for the raised vegetable bed I built in the backyard. I recently learned one can’t even cut down a tree on one’s home site without prior government approval in the jurisdiction I reside.
[b]Lane County officials, meanwhile, say the project is grand enough to warrant a building permit, although Land Management Division Manager Matt Laird admits it’s not easy to figure out exactly what category Robinson’s project would fall into.
“That is definitely the gray area,” Laird said. “I’d say putting a model railroad in your driveway or around your Christmas tree clearly wouldn’t need a permit. But when you start building a substantial structure, with trestles, crossing streams — if someone builds a dam, a water tower, that all requires building permits.”
A general guideline is that endeavors that occupy more than 200 square feet or that rise more than 10 feet tall need a permit, Laird said. [/b]
My own layout occupies more than 200 square feet. Guess I’d need a permit!
The problem here is that the local government, having apparently solved all other pressing issues in Lane County, are now going after a guy without even knowing exactly what they want to claim he’s done wrong.
The biggest mistake they made was going NEAR a creek, let alone work on or close to it, that’s a sure fire method of getting state or federal gestapo on your case, Starting a massive project such as this without any type of permit was not a good idea, as most of the replies indicate, they won’t have a chance. The workmanship was magnificent, such a shame.
It’s not that “the government” is some uncaring entity. The codes are enacted by OUR elected representatives (which is why we pledge allegiance to “the Republic for which it stands”). The wetlands concept, and the legislative interest in protecting it, has been around for decades. I think that protecting wetlands is a good idea that benefits all of us, so checking for local codes and ordinances should have been on the short list of things to do before starting such a project. These codes are available for anyone to read or ask about.
In that I lived in a “community”, I had to get permission of the Home Owner’s Association to build my little garden railroad, in that I thought it amounted to a landscape change. It involved writing a letter, attaching some photos from Garden Railways magazine, and waiting a couple weeks. My neighbors are happy and I’m happy.
I’d rather donate funds to something like a steam locomotive restoration program or historical society than to someone who started a project without doing their homework and now suggests that they are “victimized”.
I looked at the photos of their railroad, and I can see why the county is not too happy.
It looks like a narrow gage railroad, not a small model railroad. You need permits to put a bridge for autos to cross the creek so what made them think that a bridge for a train would not need one. To grade land as much as they did needs permits for all other application, why not a railroad?
All I can think about is why one would not check out the local laws before spending as much money as they have. The zoning laws are there for a reason, and it is not just to harass those that want to do what ever they please.
I wish them luck though in their battle, as the railroad is cool. [2c]
I dont think I’ll get involved, but I think whomever officials should go out and look it over, credit him for the good work he’s done, and issue him whatever permits retro to the time he started working on it.
The guy made a mistake by not checking into codes. I’ve followed the construction of this railroad for a couple years, out of curiosity, envy and the great workmanship. These folks have built this with there own money, and sweat. They have contributed much to their community by hosting many events, and plan on donating it to an organization that will keep it maintained and with public access for years. Maybe some of you guys should cut them a little slack IMHO.
Its funny how in the state of Oregon the loggers are allowed to tear the heck out of the mountains to get logs but some retired couple builds a bridge across a creek and landscapes a valley and the idiots (tax collectors) are up in arms about it. Typical government, you have to pay to play.
After re-reading the articles, it seems all they want the guy to do is pay a $500 fine and apply for the proper permits. No one has filed any complaints. The county hasn’t issued any demolition orders or dead lines. Heck! The county commissioner helped him build the thing!![D)]
Sounds like the guy might being causing himself more damage by trying to fight it. I bet if he had the $$$ to build something like that, he’s got the $$$ to pay the fine and a couple inspection fees. (mountains from mole hills…)