buckeye farm news - Ohio Farm Bureau

BUCKEYE FARM NEWS
Insights you need from the people you trust.
OCTOBER 2015
Inside:
Volume 15 | Issue 2
Latest with CAUV
2
Tree trimming, property rights 7
Free mobile app for farmers 14
Farmers have water quality partners
Healthy Water Ohio strategic plan unveiled
The full report
is available at
HealthyWaterOhio.org.
Farmers have developed some new, beneficial
friendships as they look for practical solutions
to Ohio’s water challenges. Under Ohio Farm
Bureau’s leadership, the Healthy Water Ohio
(HwO) coalition formed as an unprecedented
mix of water stakeholders. The group recently
issued its strategic plan for maintaining and
strengthening the state’s water resources.
“The diversity of viewpoints brought together
has allowed us to create a comprehensive
strategy that will benefit both the economy
and quality of life for all Ohioans,” said Ohio
Farm Bureau President Steve Hirsch, who is
chairman of the HwO coalition. “This report will
be a roadmap for assuring that our water and
food production resources are preserved and
strengthened. I’m proud that Ohio Farm Bureau
initiated this important coalition and am grateful
for the valuable contributions of all its members.”
Working alongside farmers have been
representatives of conservation groups,
businesses, universities, water suppliers, human
health agencies and others.
Ohio Cattlemen’s Association President Frank
Phelps, one of 16 steering committee members,
was impressed “that there was no finger pointing
or blaming anyone for the water quality problems.
Everyone worked together to try and find answers
and solutions.”
Read more in next month’s Our Ohio magazine.
The Healthy Water Ohio plan identifies specific needs in the areas of policy, research,
infrastructure and education. It also proposes the creation of a public-private Ohio Water
Trust, funded at $250 million annually to help enact the plan’s recommendations. The trust
will identify and support projects that will improve water quality, reduce stormwater and
other flooding, enhance agricultural nutrient management, reduce drainage maintenance
and dredging costs, assist voluntary regulatory compliance and enhance habitat and
recreational use while meeting other societal values. The funding could come from water
quality trades, agriculture and business funding, government bond sales, water user fees, a
portion of boating and fishing license fees, philanthropic contributions and other sources.
Fighting for
good government
✓
Members are encouraged to help get the word out about Ohio
Farm Bureau's "Yes, Yes, No" state ballot campaign. OFBF's positions
reflect policy established by members. See details on Page 3.
✓
Issue 1: Yes Issue 2: Yes
Establishes a transparent process
for drawing legislative districts
with bipartisan, public support.
Protects Ohioans from interest
groups that seek to create
monopolies in our state’s
constitution.

Issue 3: No
Creates a legalized,
marijuana monopoly in Ohio’s
Constitution. Dramatically expands
access to recreational marijuana in
our communities.
BUCKEYE FARM NEWS
| OCTOBER 2015
Working for a more fair CAUV formula
Having changes made to the Current Agricultural Use Value
(CAUV) program remains a top Ohio Farm Bureau priority.
Farm Bureau is continuing to talk with the Ohio Department
of Taxation, state legislators and the governor’s office about
its recommended changes to the CAUV formula that would
improve how landowners are taxed and preserve the program
for future generations. OFBF has already secured a set of
administrative changes that held down the amount of increases
in future tax years and improved the valuations for woodlands.
Ohio Farm Bureau prefers CAUV changes be made
administratively or legislatively and not through the court
system, where it can be tied up for years in litigation.
Since CAUV is designed to tax land at its productive value
rather than its development value, it is a significant savings
for farmers.
"Members of the Department of Taxation's Ag Advisory
Committee continue to cite the benefit farmers receive from
CAUV, on average a 50 percent reduction from taxes, even
as CAUV values increase," said Leah Curtis, OFBF’s director
of agricultural law. "While CAUV is a beneficial program, we
have identified flaws in the calculation that we feel should be
addressed to create a more accurate CAUV calculation."
Reducing your Tax Burden
*
Without OFBF’s work
$3,000
With OFBF’s work
$2,500
CAUV Value per Acre
2
$2,350
$2,760
$2,260
$2,000
$1,500
$1,350
$1,000
$500
0
Woodlands
Crops
Woodlands
Crops
*Approximate values calculated using 2015 Miami Silt Loam values
Be wary of recent attempts to create county charters
Those who want to limit energy development in Ohio are
county charter governments are not necessarily bad. Summit
trying to do so by using a little employed mechanism in the
County adopted this form of governance in 1979 and so did
Ohio Constitution. While the intention is to limit oil and gas
Cuyahoga in 2010. They both have 11-member county councils
drilling or pipeline development, the initiatives could have farand have consolidated some of the duties of typically elected
reaching impacts on all businesses and citizens, including those
county officials.
in agriculture.
While OCRN’s proposals were largely designed to appeal
An attempt was made recently in Athens, Fulton, Medina
to voters who want to block energy development or pipeline
and Meigs counties to put proposals on the November ballot
construction, doing so would be “almost impossible,” Curtis said.
that would create charter forms of
“Ohio law generally reserves the
government designed primarily
regulation of energy development to the
While the stated
to limit energy development. The
Ohio Department of Natural Resources.
Ohio Community Rights Network
The Ohio Supreme Court has clarified that,
intention may be
spearheaded those efforts, which
in the case of zoning or regulating oil and
only to limit energy
sought to create charter county
gas development, home rule law does not
development, the
governments that would possess home
supercede state law,” she said. She added that
rule authority, a power generally limited
other federal laws also take precedence over
language used can
to municipalities. Home rule allows
home rule.
have much farther
municipalities to largely control selfCurtis said these initiatives did not want to
governance, including the power to
restructure for a more efficient government
reaching effects.
zone. The OCRN plan tried to expand
but instead want restrictions on all types of
that authority countywide.
activities within the county’s borders. The
- Leah Curtis,OFBF director of
agricultural law
Legal rulings barred all of the
County Commissioners Association of Ohio
measures from going to voters. Ohio
and Ohio Chamber of Commerce opposed
Farm Bureau along with Athens-Meigs,
the OCRN proposals.
Fulton and Medina county Farm Bureaus filed an amicus brief
Despite the legal rulings and widespread opposition, county
with the Ohio Supreme Court in support of Secretary of State
charter proposals are not likely to go away. Curtis asked Farm
Jon Husted’s invalidation of the measures in Athens, Fulton and
Bureau members to be informed and aware of initiatives in their
Medina counties, which was affirmed by the high court. Meigs
counties.
County commissioners turned down the Meigs initiative because
“While the stated intention may be only to limit energy
it did not comply with reporting requirements.
development, the language used can have much farther reaching
OFBF Director of Agricultural Law Leah Curtis pointed out
effects,” she said.
CONNECTING MEMBERS TO THE INSIGHTS THEY NEED FROM THE PEOPLE THEY TRUST
BUCKEYE FARM NEWS STAFF
Executive Editor Patricia Petzel
Senior Director Corporate Communications
Joe Cornely
Editor Amy Beth Graves
Graphic Designer Jessie Ford
Production Coordinator Gayle Lewis
Contributors: Callie Wells, Lynn Snyder
Nationwide Contributor: Heather Maltry
ADVERTISING
Coordinator Gayle Lewis
P.O. Box 182383
Columbus, OH 43218-2383
Phone 614-246-8229
FAX 614-246-8629
e-mail: [email protected]
The fact a product is advertised in
Buckeye Farm News should not be
taken as an endorsement.
BUCKEYE FARM NEWS
Circulation: From Rea and
Associates, Inc. footnotes to the
2014 Ohio Farm Bureau Federation
Audit. The Ohio Farm Bureau
Federation had 201,145 members
as of Nov. 30, 2014. Members may
receive Buckeye Farm News as a
part of their paid membership.
Buckeye Farm News (ISSN 15403742), an official publication of
the Ohio Farm Bureau Federation,
Inc. is published 8 times per year:
monthly in January, March, April,
May, July, September, October
and November by the Ohio Farm
Bureau Federation, Inc., 280 North
High Street, P. O. Box 182383,
Columbus, Ohio 43218-2383.
Buckeye Farm News Periodical
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POSTMASTER: Send address
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43218-2383.
TO CONTACT US:
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Call: 614.246.8229 or
Write: P.O. Box 182383,
Columbus, OH 43218-2383
Issue 1: This initiative would change the process by which
state legislative districts are drawn. Ohio Farm Bureau
favors the change because it will establish a transparent
process that encourages public input and bipartisan
support for newly drawn districts and will require
districts to be drawn to keep counties, municipalities
and townships as intact as possible. It also will promote
a more civil political process by making elections more
competitive and encouraging candidates to appeal to a
broader base of voters.
Issue 2: This ballot measure would limit the ability
for wealthy special interests to manipulate the state
constitution to create a monopoly, grant a commercial
right or specify a tax rate for a person or group of persons.
OFBF believes the state constitution should be reserved for
outlining specific freedoms and describing how Ohioans
govern themselves.
Issue 3: This initiative would grant a small group of
What happens if Issues
2 and 3 both pass?
Issues 2 and 3 are constitutional
amendments that conflict with each
other. So what happens if both pass?
The Ohio Constitution says if
conflicting amendments on the
same ballot pass, the one receiving
the highest number of votes
becomes law.
But the constitution also states that a
legislative constitutional amendment
like the anti-monopoly Issue 2
takes effect immediately while a
citizen-initiated amendment like the
marijuana legalization issue doesn’t
go into effect for 30 days. Secretary
of State Jon Husted has said Issue 2
would take precedence since it goes
into effect immediately, barring Issue
3 from being enacted. Marijuana
legalization supporters would most
likely contest Husted’s interpretation,
and the issue would probably be
decided by the court system.
investors a monopoly on the commercial growing and
selling of marijuana. The investors would profit from
an industry estimated to be worth more than $1 billion.
In July, OFBF was among the first statewide groups to
oppose its passage saying that the measure distorts Ohio’s
Constitution, creates a monopoly that excludes average
Ohioans and puts the state at odds with federal law.
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ase rec
le
Farm Bureau members are encouraged to become
engaged in informing voters about the three measures
on the November ballot. OFBF is urging Ohioans to
vote Yes on State Issue 1, Yes on State Issue 2 and No on
State Issue 3. All three issues deal with amending the
state constitution, and OFBF’s positions reflect policy
established by its voting delegates.
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Help support 'Yes, Yes, No'
state ballot campaign
Contact your county Farm Bureau to obtain yard
and farm signs, literature and other campaign tools.
P
CONNECT WITH US
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opportunities to get involved.
VISIT ofb.ag/BFeNews
3
4
BUCKEYE FARM NEWS
| OCTOBER 2015
WOTUS woes
Dozens of lawsuits filed over controversial EPA water rule
The U.S. Environmental Protection Agency needs to
withdraw the controversial “Waters of the U.S.” (WOTUS) rule
and start over again. This message is being repeated across the
country by Farm Bureau, judges, lawmakers and landowners.
Dozens of lawsuits have been filed by states, Farm Bureaus
and other agricultural groups against the new rule, which
significantly expands federal Clean Water Act jurisdiction.
Nearly all of the nation’s total acreage will now be under the
EPA’s scrutiny.
A federal judge in North Dakota recently blocked the rule’s
implementation in the 13 states that filed the case before him,
saying it was “arbitrary and capricious” and that it would
cause states to lose their sovereignty over intrastate waters.
In response to that ruling, the EPA said it would not apply
WOTUS to those 13 states until litigation was concluded. Ohio
was not part of that lawsuit but Ohio Attorney General Mike
DeWine filed a separate lawsuit in June against EPA and the
Army Corps of Engineers saying the WOTUS rule “clearly
violates both the language and the spirit of the Clean Water
Act, which recognizes the rights of states to serve as trustees of
their natural resources.”
Farm Bureau has called on the Senate to follow the House’s
lead in passing legislation that would block the EPA from
enforcing the rule, which it called “disturbingly vague and
subject to abuse by future regulators.” American Farm Bureau
President Bob Stallman pointed out that the EPA’s inconsistent
application of the rule was unfair.
“For much of the nation, this unlawful rule will continue
to create uncertainty and legal risk for commonplace land
uses like farming and ranching. It’s clear that now is the time
for Congress to act and pass S. 1140 to send EPA back to the
drawing board. We won’t stop until this rule is finished.”
EPA’S TRADITIONAL JURISDICTION IN OHIO
Streams that flow all the time or
at least seasonally, rain or not.
EPA’S LATEST OVERREACH IN OHIO
All those streams, plus land where surface
runoff channels when it rains.
1,992,149 ACRES
58,851 STREAM MILES
While the new WOTUS rule is broad and vague
and under attack in several courts, farmers and
landowners are still expected to comply with it.
Farm Bureau has created a four-page document
that spells out which features on your land now
fall under the rule, what activities may cause a
violation and where to go for help.
Visit ofb.ag/Sept2015BFN to access the document.
For more information, visit ditchtherule.fb.org.
2,230,928 ACRES
NOTICE OF ANNUAL MEETING
OF STOCKHOLDER-MEMBERS OF
SOUTHERN STATES COOPERATIVE, INCORPORATED
TO: The Stockholder-Members of Southern States Cooperative, Incorporated
The Annual Meeting of the Stockholder-Members of SOUTHERN STATES
COOPERATIVE, INCORPORATED, will be held at the Association’s headquarters,
6606 W. Broad Street, Richmond, Virginia, on Wednesday, November 18, 2015, beginning
at 9:00 A.M. Eastern Standard Time, to hear reports from the Board of Directors and
Management and to transact such other business as may come before the meeting, or
any adjournment or adjournments thereof.
By Order of the Board of Directors
Kimberly G. Bram, Secretary
91,233 STREAM MILES
EMENS & WOLPER
LAW FIRM
We advise Farm Owners and other
Landowners on Oil and Gas Leases, Pipeline
Easements and Mineral and Water Issues
Please see our website for articles
One Easton Oval, Ste 550
Columbus, OH 43219
614-414-0888 • Fax: 614-414-0898
www.emenswolperlaw.com
Email: [email protected]
6
BUCKEYE FARM NEWS
| OCTOBER 2015
Ohio’s young
Farm Bureau
leaders go to
Washington
In September, 31 Young Agricultural
Professionals and 18 members of
AgriPOWER Class VI traveled to
Washington, D.C. to learn more about
agricultural policy. They met with
Ohio Rep. Bob Gibbs and Sen. Sherrod
Brown, heard from the authors of
the controversial Waters of the U.S.
(WOTUS) rule at the U.S. Environmental
Protection Agency and visited the New
Zealand Embassy. They met one-on-one
with members of Congress and talked
about issues of concern on their farms
and in their communities.
For more information, visit
ofb.ag/Sept2015BFN.
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OFBF state trustee hosts House Ag legislators
Ohio Farm Bureau State Trustee Lane Osswald and his wife Bambi (at podium) hosted members
of the Ohio House Agriculture and Rural Development Committee at his farm where he discussed
issues Farm Bureau members are concerned about including water quality, fertilizer certification,
GMO labeling, food safety and food security. Osswald’s farm in Preble County was just one of five
agricultural locations that the House committee members visited this summer to learn more about
the challenges and opportunities for the state’s largest industry.
Subscribe to the Buckeye
Farm e-News for policy
updates, action alerts and
opportunities to get involved.
VISIT ofb.ag/BFeNews
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CONNECTING MEMBERS TO THE INSIGHTS THEY NEED FROM THE PEOPLE THEY TRUST
Q&A about trees and property rights
BY LEAH CURTIS
Trees are an interesting source of a lot
of legal questions. As with many property
management issues, the best practice is to
work cooperatively with neighbors to address
concerns you may have about the trees on
or near your property lines. Here are some
answers to our most common questions about
trees and property rights.
Can I trim a tree overhanging the property line?
Yes, property owners are always entitled to clear the airspace
above their property of overhanging tree limbs. However,
this right is limited by the rights of neighbors as well. It is
important to make sure you are not trespassing while doing
the trimming — either by stepping onto the neighboring
property, placing debris on the neighbor’s property or trimming
parts of the tree that are on the neighboring property. Trimming
should be done with care to not cause any reckless damage to
the tree as well.
What can happen if I damage a neighbor’s tree?
The law provides that a person is prohibited from recklessly
damaging a tree on another’s property without permission
to do so. The law provides that doing so is a fourth-degree
misdemeanor, carrying a penalty of up to $250 and/or 30 days
in jail. The law further provides that in addition to this penalty,
anyone who violates the law can be subject to damages up to
three times the worth of the tree that was harmed.
Can I remove a tree that is on the property line?
The law is unclear on whether landowners can remove a
tree themselves when it sits on a property line. Under the law,
trees are considered a part of the property and landowners have
a right to that tree, even if it is only halfway on the property.
Because of this, it is best practice to get a neighbor’s permission
before removing any tree that sits on the property line. This
also can facilitate a discussion of who will pay for the removal,
the need to enter onto property to safely remove the tree and
disposal of the tree and any debris. Discussing the details ahead
of time can save money and frustration afterward.
Who is liable if a tree from a neighboring property falls and
damages my property?
Liability is always a question for a court to determine.
However, typically landowners are not liable for damage caused
by a falling tree from their property so long as they had no
reason to believe it was likely the tree would fall. A tree that
is healthy, but for example, is struck by lightning and falls
or is toppled by strong winds, will likely not be the fault or
responsibility of the landowner. If it is obvious that a tree poses
a serious risk of falling, due to damage, disease or even being
dead, the landowner might have responsibility for it falling.
If a tree falls on a line fence, the law is not clear on who is
responsible for repairing the fence. In the best case scenario, the
adjoining landowners should come to an agreement (or have a
written agreement already in place) to determine who will pay
for the cost of fence repair. If the landowners cannot agree, one
or both of the landowners can file a complaint with the township
trustees or the court to settle the dispute. It is important to
remember though, that livestock owners always are responsible
for ensuring their livestock is properly contained — even when a
line fence maintenance dispute is on-going.
I don’t like it when the utility company trims the trees on my
property. Can’t I stop them?
Probably not. It is likely that a utility company has a right of
way or easement across your property in order to service and
maintain the utility infrastructure. Trees are typically an issue
with electric or phone lines, and power companies often must
trim the trees in order to ensure they do not threaten to fall onto
or damage the utility lines. If landowners have questions, they
should consult the language of the right of way or easement to
ensure that the utility has the ability to maintain the trees within
or which overhang the easement or right of way. However, if the
utility has the right under the language of the right of way or
easement, landowners cannot prevent them from exercising that
right. This is true even if the utility company has not recently, or
ever, trimmed the trees in the past.
Leah Curtis is Ohio Farm Bureau’s director of agricultural law.
7
8
BUCKEYE FARM NEWS
| OCTOBER 2015
How to find out if oil and gas wells are still producing
Who has control over certain mineral
rights? Farmers and rural residents who
want to clear up claims or terminate
older leases know that most of these
agreements stay in effect as long as a well
is still producing. With some leases going
back decades or even back to the turn of
the 20th century, it might be difficult to
know for sure if the well is still yielding
Within a matter of
minutes, landowners
can get right down
to their tract of land,
identify every well sited
on the property and
access all records on file
with ODNR - Division of
Oil and Gas.
- Dale Arnold,
OFBF director of energy policy
and local government
oil and gas, keeping an agreement in force.
The Ohio Division of Oil and Gas Well
Locator website (found online at
ofb.ag/Sept2015BFN) can help, said Dale
Arnold, director of energy policy and
local government.
“Within a matter of minutes,
landowners can get right down to their
tract of land, identify every well sited on
the property and access all records on
file with ODNR - Division of Oil and
Gas. You can print them off as a matter
of public record,” he said.
Arnold explained those records
would include the original drilling
permit, records showing depth of the
well, geologic strata and the frack
ticket.
Also, the lessee has to file the well
production each year with the Ohio
Department of Natural Resources’
Division of Oil and Gas in order to pay
severance taxes, so the entire production
history of the well is online, too.
“It shows the amount of oil in number
of barrels produced in a year and amount
of natural gas in MCFs (thousand cubic
feet). It’s a clear matter of public record,”
Arnold said. “As long as a well is still
producing, the data will be there. You
also can compare production data to past
royalty payments.”
He said a number of landowners
have gone to that website and found
production records posted on wells
fully decommissioned on their property
from a decade ago. In many cases, this
error could keep an oil and gas lease
active by accident.
In such instances, Arnold said to
call ODNR Division of Oil and Gas at
614-265-6922 and your county well
inspector. Have the inspector come
out to the property to authenticate
the well no longer exists or has been
decommissioned and removed. Once that
is determined, landowners and their legal
counsel can go through the process to
have the lease terminated.
Proposal calls for establishing
chronic wasting disease deer
surveillance areas
Under a new proposal, disease surveillance areas could be
established when chronic wasting disease (CWD) has been
detected in wild or captive deer. CWD was first detected in
Ohio last year on a fenced-in deer hunting preserve in Holmes
County. The infected deer came from Pennsylvania, and the
preserve’s entire herd was euthanized to prevent the spread of
the fatal brain disease to wild deer.
The Ohio Wildlife Council is considering the proposal,
which would allow the chief of the Ohio Division of Wildlife
to decide whether disease surveillance areas are needed. The
wildlife division has said that if the proposal passes, it may
establish disease surveillance areas this hunting season in
parts of Holmes and Wayne counties.
“The disease surveillance areas could theoretically be used
this year,” said John Windau of the Ohio Division of Wildlife.
A disease surveillance area designation would include all
areas within a minimum of six miles surrounding a location
where the disease has been detected. This designation would
remain in effect for a minimum of three years.
The following regulations would apply within the
disease surveillance area:
• Require submission of harvested deer carcasses to Ohio
Division of Wildlife inspection stations for inspection and
sampling during deer gun and deer muzzleloading seasons;
• Prohibit the placement of salt, mineral supplements, grain,
fruit, vegetables or other feed to attract or feed deer;
• Prohibit the hunting of deer with the aid of salt, mineral
supplements, grain, fruit, vegetables or other feed;
• Prohibit the removal of deer carcasses killed by a
motor vehicle unless the carcass complies with
special regulations.
Normal agricultural activities including feeding of domestic
animals would not be prohibited. Hunting deer over food plots,
natural occurring or cultivated plants and agriculture crops also
would not be prohibited.
The Ohio Wildlife Council is expected to vote on the
proposal in October. If passed, it would go into effect Nov. 9.
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10
BUCKEYE FARM NEWS
| OCTOBER 2015
All about Ohio's ag districts, agricultural security areas
Ohio’s ag districts and agricultural
security areas are important programs
that help preserve farmland in Ohio. To
help Farm Bureau members have a better
understanding of these programs, OFBF
Director of Agricultural Law Leah Curtis
has compiled a list of things you should
know about these programs.
1. Landowners can enroll in an
agricultural district with their county
auditor. The land must be at least 10
acres, or if less than 10 acres, have an
average gross income of at least $2,500
from agricultural production. While
the requirements are the same as for
the Current Agricultural Use Value
program, a landowner must enroll in
each program separately.
2. Agricultural district registration
affords important benefits to landowners,
including an affirmative defense in
certain nuisance suits that might be
filed against a landowners for their
agricultural activities. Other benefits
LITIGATION
concern assessments for water, sewer and
electric and eminent domain review.
3. If land is in a municipality, the
agricultural district enrollment must be
approved by the city’s legislative body and
the benefits of the ag district program can
be modified.
4. Agricultural security areas are an
opportunity for a group of landowners
and local officials to make a commitment
to keeping land in agricultural
production for at least 10 years. During
an agricultural security area agreement,
no nonagricultural development will be
permitted on the property.
5. Agricultural security areas need
to be at least 500 acres of contiguous
farmland, have all landowners agree to
enroll and be located in unincorporated
areas of a township or county. An
application must be filed with the county
auditor, and the local governments must
hold a hearing and pass a resolution
approving the area.
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• Oil & Gas Leases
• Pooling & Unitization Agreements
• Held By Production Issues
• Royalty Litigation
• Water Quality Issues
• Power Line Easements
• Title & Deed Review
• Agricultural Contracts, Leases &
Service Agreements
GREG BRUNTON
A full brochure on this topic
is available online at
ofb.ag/Sept2015BFN as part
of Ohio Farm Bureau’s Ohio
Landowner Toolkit, a 50-page
booklet exclusively available
to Farm Bureau members. It
features detailed information
about trespassing and
landowner liability, oil and gas
leasing, line fence law, open
burning, dog laws and many
other relevant topics.
T&D THOMPSON, INC.
15952 State Route 56 East, Laurelville, OH 43135
(740) 332-8515
Pallets • Firewood • Sawdust • Fence Boards
Trailer Boards • Lumber cut to your specifications
BUYERS OF STANDING TIMBER & LAND
Oil, Natural Gas & Energy Chair
phone: 614.232.2632
email: [email protected]
DAVID HUDSON
Ohio Farm Bureau Member
phone: 419.245.3753
email: [email protected]
When It’s Time to Build . . .
Build With A Quality Builder.
Results. Period.
Suburban . Commercial . Agricultural
Horse Barns & Arenas
Quality Buildings Since 1958
AKRON CINCINNATI CLEVELAND COLUMBUS SANDUSKY TOLEDO YOUNGSTOWN INDIANAPOLIS FT. WAYNE FT. MITCHELL LEXINGTON LOUISVILLE
Toll Free 800. 225. 2592
waltersbuildings.com
CONNECTING MEMBERS TO THE INSIGHTS THEY NEED FROM THE PEOPLE THEY TRUST
OHIO FARM BUREAU
ANNUAL MEETING — DEC. 2-4
Delegates, members and guests are
invited to Ohio Farm Bureau’s 97th
annual meeting, Strong Foundation...
Building for Tomorrow, Dec. 2 to 4 at
the Hyatt Regency in Columbus.
The meeting is a celebration of the
accomplishments for the year and
the time to finalize the organization’s
grassroots policy positions to set
the course for 2016. More than 340
farmer delegates will consider over
900 policy proposals as they establish
state policy and make national policy
recommendations. Their decisions,
based on input from members in every
county, establish the path for Ohio Farm
Bureau’s public policy department to
create its scope of work for the year.
Meeting highlights include the
launch of the Ohio Farm Bureau
Foundation’s new fundraising
campaign and recognition of the
foundation’s scholarship winners,
introduction of the 2015 Young
Agricultural Professionals state winners
in the Discussion Meet, Excellence in
Agriculture and Outstanding Farmer
contests, presentation of Ohio Farm
Bureau’s Distinguished Service Awards
and County Achievement Awards and
remarks from President Steve Hirsch,
Executive Vice President Jack Fisher
and Nationwide.
The foundation will be hosting its
annual silent and live auction, and the
trade show this year is going to expand
to two floors at the Hyatt Regency. As
before, the counties that win County
Activities of Excellence awards from
American Farm Bureau will be invited
to display their programs.
New this year is a Members of
Distinction display, where up to 86
members will be celebrated. These
members are selected by the county
Farm Bureaus.
Register for the meeting via county
Farm Bureau offices.
“Protecting what’s important
is why Farm Bureau has
existed for 96 years.
Today we’re here not only
for farmers of all shapes
and sizes; we’re here for
landowners, business owners,
families and communities.”
- OFBF President Steve Hirsch
describing the value of a Farm Bureau
membership on radio commercials
that aired in Cincinnati, Cleveland and
Columbus metro areas as part of a
statewide membership campaign.
GM IS PROUD TO PARTNER
WITH FARM BUREAU® TO BRING
YOU THIS VALUABLE OFFER.1
Farm Bureau members can get a $5001 bonus
cash toward the purchase or lease of most new GM
vehicles. Visit fbverify.com/gm for more details.
1
Offer available through 4/1/17. Available on all 2014 and 2015 Chevrolet, Buick and GMC vehicles. This offer available with all other
offers, excluding discounted pricing (employee, dealership employee and supplier pricing). Only customers who have been active
members of an eligible Farm Bureau for a minimum of 30 days will be eligible to receive a certificate. Customers can obtain certificates
at www.fbverify.com/gm. Farm Bureau and the FB logo are registered service marks of the American Farm Bureau Federation and are
used herein under license by General Motors.
11
12
BUCKEYE FARM NEWS
| OCTOBER 2015
YOU AND YOUR TAXES
What you need to know about Ohio's sales and use
tax and when the ag exemption applies
BY AMY MILAM
This article is part of a tax education series designed to help
members better understand the various parts of Ohio’s overall
tax structure.
In Ohio, sales tax is levied on all retail sales
of tangible personal property in the state,
unless an exception or exemption applies.
Usually, sales tax is collected by the seller at
the time of sale. However, if the sales tax is not
collected by the seller, a use tax equal to the
sales tax that should have been collected must
be paid by the buyer. This typically occurs in
situations where an Ohio buyer makes a purchase outside of
Ohio that would normally be subject to sales tax. Use tax may
also be due when a purchase is made online and the seller did
not collect Ohio sales tax. The current state sales and use tax
rate is 5.75 percent. Additionally, each county, as well as regional
transit authorities, may levy sales tax. However, the combined
total sales tax rate may not exceed 8.75 percent.
What’s exempt and not
Exempt from the sales and use tax are sales of tangible
personal property items purchased for qualifying farm uses,
known as the agricultural exemption. Determining whether
an item is exempt from the sales tax depends on its use. Under
Ohio law, the agricultural sales tax exemption applies to most
items that will be directly used, consumed or incorporated
in the production of agricultural products for sale. Because
of the diverse nature of products and their uses, there is no
comprehensive list of items that qualify for the exemption.
However, some examples of the exemption items are seed,
fertilizers, insecticides, pesticides, tractors, plows and combines.
Furthermore, portable grain bins, field tile, livestock structures
and horticulture structures are specifically exempt from the
sales tax.
The agricultural exemption does not apply to any item that is
incorporated into real property, and materials such as lumber,
nails, glass and similar items used in the construction or repair
of buildings are subject to the sales and use tax unless they are
to be incorporated into a livestock or horticulture structure.
Other items that are not typically considered exempt include
almost all motor vehicles licensed to operate on the highway,
lawn mowers, weed eaters, chainsaws, home garden equipment
and ATVs used primarily for recreation. OFBF has continuously
worked to bring more clarity to this exemption, including
ensuring it is properly applied to agricultural purchases as the
law intends.
How to claim the ag sales tax exemption
In order to claim the agricultural sales tax exemption, the
buyer must complete an exemption certificate. Those who
regularly sell farm inputs or agricultural equipment typically
have exemption certificates available at their store. They also
are available online from the Ohio Department of Taxation.
Two types of certificates are available: the sales and use tax
unit exemption or the sales and use tax blanket exemption,
depending on whether it is a one-time purchase from that
particular seller, or whether you anticipate further farm
purchases from that seller in the future.
Amy Milam is Ohio Farm Bureau’s director of legal education.
You're invited
January 29-30
Hyatt Regency
Columbus
Register at: ExperienceYAP.com
Advertise with us!
Contact Gayle Lewis
at 614.246.8229
or [email protected]
Partner with us
for all your Forest
Management Needs.
Email: [email protected]
P: 330-893-3131 | www.yoderlumber.com
13
CONNECTING MEMBERS TO THE INSIGHTS THEY NEED FROM THE PEOPLE THEY TRUST
Lee, McMullen, Spangler join OFBF staff
Lee
McMullen
Spangler
Melinda Lee of Cardington has joined OFBF’s field staff to help support
county Farm Bureaus in their operations. She was hired in anticipation of
future staffing needs and will be training under Steve Berk, organization
director for Clinton, Delaware, Fayette, Franklin, Greene and Madison
counties. She will help leaders strengthen county Farm Bureaus through
program development and implementation and identify ways to serve
members and their communities.
Suzie McMullen of Pickerington has been named OFBF’s organization
director for Fairfield, Hocking, Perry, Pickaway and Ross counties.
Previously, she was a sales representative for Dow AgroSciences and
staff member at Ohio FFA Camp Muskingum. In 2012, she was an intern
for OFBF Executive Vice President Jack Fisher. She graduated from Ohio
State University in 2013 with a bachelor’s degree in agriculture education
and minor in production agriculture.
Joyce Spangler has been named OFBF’s graphic designer and is
responsible for layout and design of Farm Bureau publications, including
Our Ohio magazine and Buckeye Farm News, which she has designed
for the past eight years as a freelancer. In her position, she will help
maintain the integrity of Farm Bureau’s corporate brand. An Ohio State
University graduate, Spangler has 30 years of graphic design experience.
She and her husband live in Pataskala.
New OSU Extension director named
Roger Rennekamp, associate dean
for outreach and engagement at Oregon
State University, has been named the next
director of Ohio State University Extension.
Bruce McPheron, Ohio State's vice
president for agricultural administration
and dean of the College of Food,
Agricultural, and Environmental Sciences, made the
announcement during Farm Science Review.
Rennekamp will begin his duties Jan. 4. He replaces Keith
Smith, who retired June 30 after 23 years in the position.
Rennekamp will be the 12th leader of Extension, overseeing
nearly 700 employees and a $71 million budget.
"Roger brings a great deal of experience at all levels of the
Cooperative Extension System and is known for building
collaborative relationships and partnerships," McPheron said.
Before taking on his current role in Oregon State's College
of Public Health and Human Sciences, Rennekamp led
Oregon's 4-H Youth Development program. He served as an
Extension specialist in program and staff development and as
a program specialist for 4-H at the University of Kentucky. He
earned his bachelor’s degree from the University of Kentucky,
his master’s from Morehead State University and his doctorate
from Ohio State.
"The need for Extension is as great as any time in its
100-year history," Rennekamp said. "Extension of the next
century must remain true to key principles of community
engagement and responsiveness while embracing approaches
and technologies that will increase its reach and impact."
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© 2015 Medical Mutual of Ohio
14
BUCKEYE FARM NEWS
| OCTOBER 2015
Ohio Farm and Food Leadership Forum Dec. 2
The Ohio Food and Farm Leadership
Forum will take place Dec. 2 at the
Hyatt Regency in Columbus. A daylong trade show will take place all day
and offer mini presentations on topics
such as regional foods and water quality.
A complete agenda is available at
farmandfoodforum.com.
The keynote speaker for the
Leadership Luncheon will be NFL Hall of
Famer and Farm Bureau member Larry
Csonka. Csonka was the first round draft
pick of the Miami Dolphins in
1968 and went on the play 11 years
of professional football. He has also
appeared in many TV commercials
since retiring from football, plus hosted
several TV shows including "American
Gladiators” and the outdoor adventure
show "North to Alaska." Csonka grew up
near Stow and currently has a farm near
Lisbon in Columbiana County.
He will be available for 1/2 hour
following his presentation to sign
New mobile app helps farmers
comply with record keeping laws
Farmers around Ohio will soon have help in complying with
two new state laws, thanks to an innovative idea from Knox
County Farm Bureau members and the local Soil and Water
Conservation District.
A free mobile app will be available later this month to help
farmers easily keep records of where and when they apply
fertilizer or manure and what the weather conditions and
forecast were at the time of application. The Ohio Nutrient
Management Record Keeper was designed to help farmers
comply with Senate Bill 1, which restricts the application of
manure and fertilizer on frozen, snow-covered or saturated
ground in the Western Lake Erie Basin, and Senate Bill 150,
which requires anyone who applies fertilizer on more than 50
acres to obtain a fertilizer application certification.
Knox County Farm Bureau received a grant for the $30,000
project through OFBF’s County Water Quality Initiative
Program, which required a financial match from another
group. Partners on the project were the county Farm Bureau,
Knox County SWCD, Ohio State University and Muskingum
Watershed Conservation District. An early version of the app
made its debut at Farm Science Review.
The idea for the app came during a Knox County Farm
Bureau board meeting where members were trying to think of
ways to grow membership and provide a meaningful benefit for
Farm Bureau members. They started talking about the growth
of the livestock industry in their area and water quality and the
idea took off from there. Rob Clendening, administrator for
Knox County SWCD, was describing the three-ring notebook
binder SWCD published more than 25 years ago to help farmers
keep track of pesticide applications when he noticed county
Farm Bureau President Trish Levering working on her phone.
“Trish was multitasking, trying to answer work emails and it
hit us that instead of a paper book that we need an app for that,”
autographs. However, under contract
he will not be signing anything sports
related such as jerseys, helmets, football
cards, etc.
In addition to the forum, the first
round of the Discussion Meet will take
place with the finals held during the
Young Agricultural Professionals’ Winter
Conference Jan. 29-30.
Contact your county Farm Bureau
office to register for the forum.
Questions should be addressed to Chip
Nelson, Ohio Farm Bureau’s director of
leadership development, at 614-246-8237
or [email protected].
said Clendening, also a county Farm Bureau board member.
The app features drop-down menus that make it easy and
quick for farmers to record their fertilizer or manure application
as well as the current weather conditions and forecast for the
next 24 hours. Those records can then be printed through an
Internet portal.
“We wanted to make it simple and not have farmers be at the
edge of the field and entering a lot of data,” Levering said. “It was
very important for us to team up with the local Soil and Water
Conservation District on a project like this that has an impact
locally and statewide. It’s going to take a lot of people working
together to improve our water quality situation here in Ohio.”
Farmers will be able to
use the Ohio Nutrient
Management
Recordkeeper app
to comply with
recordkeeping
requirements
of Senate Bill 1
and Senate Bill
150. The userfriendly app is
free and will
be available
later this
month at
onmrk.com.
CONNECTING MEMBERS TO THE INSIGHTS THEY NEED FROM THE PEOPLE THEY TRUST
NATIONWIDE NEWS
2 Ohio fire departments win grain rescue tubes
Two Ohio fire departments and 10 others across the country
will be better equipped to respond to grain entrapment and
engulfment emergencies thanks to the generous support of
Nationwide and other organizations.
Each year, Nationwide holds a Nominate Your Fire
Department Contest that awards first responders with grain
rescue tubes and extrication training. The contest, held annually
in conjunction with Grain Bin Safety Week, seeks nominations
of first responders describing how their department or
community will benefit from winning a tube and training and
how they plan to share both with nearby departments.
The Bethel Township Fire Department in Medway and
Central Fire District in Smithville each received an aluminum
grain bin rescue tube and hands-on training valued at $8,000.
The contest, in its second year, drew a record-high 300 entries.
Representatives from Nationwide and partnering
organizations have been traveling to each location to participate
in the awarding of the tubes and training.
“Preventing tragic grain bin accidents is one of our
top priorities,” said Brad Liggett, president of Nationwide
Agribusiness. “But when they occur, fire departments need to be
properly equipped and trained to protect both themselves and
the communities they serve – and we want help.”
The chances of surviving a grain bin engulfment are greatly
increased if a grain rescue tube is available to properly trained
fire departments. The only way to safely remove someone
trapped in a grain bin is to remove the grain around the person’s
body – using a grain rescue tube or cofferdam.
Nationwide is leveraging its new partnership with
GiveForward, an online fundraising and donation website, to
help the non-winning fire departments set up a Grain Rescue
Tube Online Fundraiser.
Visit Grain Rescue Tube Online Fundraiser online at
giveforward.com/organization/gbsw to find a fundraiser in
your area. Check back often as new fundraisers should be
starting soon.
For questions or additional information, contact Doug
Becker at [email protected] or (515) 508-5590.
Members of the Central Fire District in Smithville receive grain bin
rescue training.
Contributed by Nationwide Mutual Insurance Company, which is
endorsed by Ohio Farm Bureau. Special savings on insurance coverage
are available to Ohio Farm Bureau members from Nationwide. Contact
your local Nationwide agent, call 1-877-OnYourSide or visit
nationwide.com/ofbf.
NEW BENEFIT:
FARM BUREAU MEMBER SAVINGS WITH CATERPILLAR
Ohio Farm Bureau members can now save up to $2,000
when buying or leasing qualifying Caterpillar equipment.
Eligible equipment includes Cat skid steer loaders, compact
and multiterrain loaders, wheel loaders, telehandlers, backhoe
loaders, hydraulic excavators and track-type tractors.
The new member savings on Cat machines can be combined
with any current retail discounts, promotions, rebates or offers
available through Caterpillar or its dealers, with the exception of
other membership purchase incentives.
Equipment savings for Farm Bureau members include:
• Small wheel loaders: $2,000
• Compact wheel loaders: $1,000
• Small dozers: $1,000
• Backhoe loaders: $500-$1,000
• Compact track loaders: $500-$1,000
• Multiterrain loaders: $500-$1,000
• Skid steer loaders: $500-$1,000
• Telehandlers: $500-$1,000
• Mini hydraulic excavators: $250-$500
Visit fbadvantage.com/cat to print your membership
verification certificate. Must present certificate at time of
purchase or lease quote to receive the discount.
15
BUCKEYE FARM NEWS
Insights you need from the people you trust.
PO Box 182383
|
Columbus, OH 43218-2383
WE STAND FOR
you.®
And for understanding the farmer’s point of view.
As the nation’s number one farm insurer, we understand how hard you work. How
farming can be both a job and a beautiful sunset over a field. And we understand how
essential your work is to feed the growing world population.
Visit WS4U.com/partners to learn more.
Endorsed by:
Products underwritten by Nationwide Agribusiness Insurance Company, Farmland Mutual Insurance Company, Allied Property and Casualty Insurance Company, and AMCO Insurance
Company. Subject to underwriting guidelines, review, and approval. Products and discounts not available to all persons in all states. Nationwide may make a financial contribution to this
organization in return for the opportunity to market products and services to its members or customers. Nationwide and the N and Eagle are service marks of Nationwide Mutual Insurance
Company. The Farm Bureau and the letters FB are registered service marks of American Farm Bureau Federation and used under license by Nationwide. © 2015 Nationwide Mutual Insurance
Company. All rights reserved. VMSF2094OH (05/15)
Ohio Farm Bureau members
savings
enjoy these
Being a member of Ohio Farm Bureau really pays!
You can receive all of these great benefits and more. VISIT US ONLINE AT OFBF.ORG.
Click on “benefits and membership” to learn more.
MORE GREAT BENEFITS
NATIONWIDE®
Substantial member savings available
on auto, farm, home, motorcycle, ATV,
RV, condo, tenant, boat and other
coverages. Plus On Your Side® claims
service, and personal attention from
Nationwide agents. To locate an agent
near you, visit Nationwide.com.
Allied Insurance,
a Nationwide company
Significant member savings available on
auto, farm and home policies, plus On
Your Side® claims service now available
through independent agents. To locate an
agent near you, visit AlliedInsurance.com.
Nationwide Advantage Mortgage
Members receive $300 best price
guarantee for conventional, conforming
and first lien mortgage loan products.
Long-Term Care Insurance Coverage
Ask a Nationwide agent about discounts
and a member rate quote on long-term
care insurance coverage through John
Hancock.
Veterinary Pet Insurance
Member discounts on medical insurance
for pets, to help reduce your financial risk
of caring for your pets.
Nationwide Bank
Provider of the Ohio Farm Bureau Platinum
credit card featuring 2% cash-back
reward for purchases at select Ohio Farm
Bureau partner locations. No annual fee
and1% cash-back reward on all other
purchases.
Accidental Death &
Specific Loss Insurance
Coverage is included in your membership
and provides benefits for covered
accidents.
FOR COMPLETE
SAVINGS DETAILS VISIT
GROWWITHFB.ORG
AmeriGas
Propane
Current OFBF members receive a
5¢ per gallon discount. Members
may use this program for personal
and/or business consumption.
New customers will receive free
installation of all above ground
cylinders/tanks (excluding pump
stations), and complimentary
leak check and hook-up. Some
restrictions apply.
Amusement Park Tickets
Discounted tickets for Cedar Point,
Soak City, Kings Island, Geauga
Lake’s Wild Water Kingdom,
Castaway Bay Indoor Water Park,
Columbus Zoo and Zoombezi Bay
available.
Case IH
Get exclusive rebates on new
tractor purchases.
Caterpillar OFBF
members save up to
$2,000 when buying
or leasing qualifying equipment.
The discount can be combined
with any current retail discounts,
promotions, rebates or offers
available through Caterpillar or
its dealers, with the exception
of other membership purchase
incentives (excluding the NCBA
membership incentive).
Choice Hotels
Get 20% off published rack rate.
Discount good at Comfort Inn,
Comfort Suites, Quality Inn, Sleep
Inn, Clarion, Cambria Suites,
MainStay Suites, Suburban,
EconoLodge and Rodeway Inn
hotels.
CompManagement Workers’
Compensation Group
Rating Program
Substantial premium savings
are available for small to large
employers who qualify.
General Motors
Company OFBF members can receive $500
Bonus Cash on each qualifying
2013-2015 model year Chevrolet,
GMC or Buick vehicle purchased
or leased. Bonus Cash is stackable with all retail incentives and
one private offer. Members qualify
for the program by having a valid
Farm Bureau membership for at
least 30 days prior to delivery
of the vehicle. Not valid on prior
purchases. Program subject
to change without notice.
Grainger
Get a 10%
discount on catalog items ordered
through Grainger.com. “FREE
FREIGHT”
Great Wolf Lodge
Ohio Farm Bureau
members save up to 20%
at Great Wolf Lodge nationwide.
Located in Ohio at Kings Island
near Cincinnati, and Sandusky.
Hertz Members can
use one of the following offers
on each car rental: one car class
upgrade, $10 off weekly rental, up
to $15 off weekend rental or free
child seat rental.
Jackson
Hewitt
Members receive $35 off tax
preparation.
Our Ohio Buying
Local Directory
Reach thousands of
customers by listing
your retail agricultural business
on the OurOhio.org Buying
Local Directory. For details visit
OurOhio.org.
®
Polaris
Farm Bureau members receive
an incentive discount up to $300
when purchasing qualifying
Polaris Utility and Sport Vehicles.
Property
Protection
Program
$2,500 reward
signs, trespass signs and
landowner rights information
available from Farm Bureau.
Red Roof Inn
Receive a 20% discount
on Red Roof Inn best
available rate.
SherwinWilliams
Use your Farm Bureau
membership card for 15% off
regular retail prices of most
products sold in Sherwin-Williams
company owned stores.
Staples Advantage
Ohio Farm Bureau members
receive discounts on Staples copy
paper, Staples office products and
toner, breakroom supplies, online
copy services as well as custom
business cards and stationary.
Orders over $50 ship FREE
NEXT DAY.
Wyndham Hotel Savings
Receive an additional 20% off
the “Best Available Rate” at
participating locations. Discount
good at Days Inn, Howard Johnson,
Knights Inn, Super 8 Motel,
Ramada, Travelodge, Wyndham
Hotel, Wingate Inn, Baymont Inn
and Hawthorn Suites.