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Resident asks Clay County to consider pheasant farm; county staff outlines appeal and joint-jurisdiction process
Summary
A resident described plans to raise pheasants on property near Bliss Point and asked county staff whether the activity required permits. County staff and commissioners advised the resident to place the matter on a joint meeting agenda and explained appeal options.
A Clay County resident told commissioners he plans to start a pheasant farm on rural property and asked what county approvals he needs, saying state officials told him pheasant operations are not regulated by the Department of Agriculture (DANR). County planning staff and commissioners advised him to request an agenda item and, if necessary, to appeal any administrative decision.
Why it matters: The resident’s project would require clarity about how county land-use rules and state definitions apply to temporary or rotating animal operations. Commissioners said the proper process is an agenda item or, where applicable, a joint-jurisdiction hearing with the city.
At the meeting Patrick (identified in the record only by his first name) told the commission he intended to rotate birds across multiple pens to keep each pen under 90 days and said he had been told by state staff that pheasants are not a regulated species. He said he planned to start with “around the 5,000 mark” of birds and asked whether county staff would allow him to begin installing fencing and equipment.
County staff and commissioners described the steps the resident should take. A county representative told the meeting that the proper process is to request an agenda item and that if an administrative decision by the zoning official is disputed the resident may appeal that decision to the commission and, subsequently, to the courts if necessary. The meeting record names Drew as the current point person in planning and zoning and notes Noah Westergaard as the incoming zoning administrator who will take over within a month.
Direct quote from the public comment: “I just wanna make sure there’s not gonna be an injunction or something crazy like that that would happen,” Patrick said, asking whether he should install fencing now.
What county staff said: Meeting participants repeatedly advised that the resident should pursue the administrative and appeal paths rather than expect an immediate on-the-spot waiver. Staff said the usual sequence is (1) work with planning and zoning administratively; (2) if needed, request a joint jurisdiction meeting or an agenda item for the commission and city council; and (3) use the appeals process if a party disputes an administrative determination.
The commission did not make a formal decision on the matter at the meeting. Commissioners asked staff to place the issue on the agenda so the body can consider any requests, review code definitions, and hear testimony from neighbors and municipal counterparts.
Ending: County staff instructed the resident to file a written request to place the matter on the agenda for the next joint meeting so the commission and city council can consider the zoning interpretation and any request for permits or appeals.
