[Cob] [Article] Homesteading: authority vs. sustainability

[David Elfstrom]

[An example of the laws, by-laws and zoning that interfere with people
practicing sustainable living.]

[picture in original article, link below]

http://www.haywardwis.com/record/?section_id=34&story_id=233810

Homestead runs afoul of county zoning rules
Terrell Boettcher / News Editor
Last updated: Wednesday, July 25th, 2007 09:38:07 AM

A “humanure” bin stands near a house constructed of clay and straw in
the town of Draper. The owners of the structures face potential
county/state sanctions for building these without permits.

Two women who live in a mud-and-straw-bale structure northeast of Winter
and have what they call a “humanure” compost crib for human waste
disposal face potential sanctions for not obtaining Sawyer County
sanitary and building permits.

Michelle Piper (previously known as Michelle Murray) and Febe Dancier
live on a five-acre wooded parcel near Black Dan Lake in the town of
Draper. In addition to a 6 X 8-foot “humanure” crib, the property has a
“cob” house 27 feet in circumference, a firewood and sawdust shed, a
root cellar and a well with a hand pump. The site has no electricity.
The house is 45 feet from a wetland and groundwater lies two feet
beneath the ground surface.

During a July 19 trial in Sawyer County Circuit Court, Dancier wore a
pair of jeans which displayed large letters with the epithet “f . . .
war.” The judge and other parties in the court proceeding did not raise
that as an issue.

Piper, 31, and Dancier, 28, appeared without an attorney. Dancier, who
is deaf, and Piper communicated via sign language. The county was
represented by Zoning Administrator Bill Christman and Attorney Mike
Kelsey and the state by Carl Lippert, a wastewater specialist for the
Department of Commerce Division of Safety and Buildings.

On June 29, Judge Norman Yackel issued an order that the women allow
county officials to inspect their property and take photos. On July 10,
Christman along with sanitation technician Eric Wellauer and Lippert
visited the property and took measurements and photos.

The zoning office issued four citations, two to each woman, for
allegedly not obtaining a soil test or sanitary permit for the humanure
compost pile and not obtaining a building permit for the residence. Upon
conviction, each citation carries a forfeiture of $438.

In court last Thursday, Christman testified that the zoning office last
October received “numerous inquiries” about a “mud house” on the property.

A walk-through inspection revealed a residential structure and a
“humanure” system intended for disposal of human waste (an open-top box
with timbered sides), Christman said.

On July 10, county officials did a second walk-through inspection; they
noticed that a second compost box had been built. A compost box is not
an approved human waste disposal system in Wisconsin, Christman said.

The owners had not had the required soil test done, and had not applied
for permits for either structure. Also, the cob house did not meet the
county’s minimum requirement of 500 square feet for a one-bedroom
dwelling, Christman said.

“We need assurance that there is some kind of septic system for the
proper disposal of human or animal waste, with a soil test and sanitary
permit,” Christman said. A privy/outhouse over a pit dug in the soil is
acceptable in certain situations, or alternatively over a sealed vault,
he indicated. An open-pit privy would require a soil boring done by a
certified contractor to ascertain whether there is sustainable soil to
receive the waste, he said. The soil test is paid for by the property owner.

Christman said that on July 10, Murray and Dancier “welcomed us onto
their property” and told the county officials ‘We gotta do what we gotta
do.’”

“We are not interested in taking $1,700 (in forfeitures) from” the
owners, Christman added. “There should be an opportunity for resolution
or approval here.”

Lippert testified that “We don’t approve compost systems. They have to
meet national standards, and to my knowledge they (Murray and Dancier)
have not met any of these standards.”

The estimated five to 10 gallons of water per day that comes from the
“humanure” pile would have to be treated through a private on-site waste
treatment system (POWTS) such as a drain field, seepage cells, or mound
system, Lippert indicated.

He added that he does not believe an open-pit privy would pass
inspection at that location, but that a water-tight vault privy of 200
gallons or more would be acceptable. It would have to be pumped out
every three to four months by a licensed hauler.

The “humanure” system eventually will pollute groundwater, Lippert said.
It is “very close” to a wetland, he said.

Yackel found the owners guilty, but stayed the forfeitures provided that
they obtain a sanitary permit for an open-pit privy or vault no later
than Sept. 28 and a land use/building permit no later than Oct. 12. If
they do apply for these permits, he will take another look at the
forfeitures, he said.

He said if the owners don’t get permits, then they will have to pay the
fines and the county can apply for a writ of assistance to take further
action that it deems necessary.

The problem with the defendants’ actions is they “set a precedent for
others for development or their own use,” the judge said.

Murray responded that “We wash our hands of this; we reject the judgment
on us and we don’t wish to comply with the (county’s) letter.”

Yackel responded that “The county and state have certain rules and they
have to enforce those rules. Zoning is probably the most unusual
enforcement the county does because it affects what people can do with
their property. It’s not you personally but a matter of law. The county
can’t let you exist that way.”

Back to nature

On Friday, July 20, Piper and Dancier were cordial when a reporter
visited them at their property. Their van was parked just off North
Clover Road. Dozens of bumper stickers were plastered on the van and
attached trailer, many expressing anti-war or feminist slogans. On the
windshield was a peace emblem and the word “Anarchy.”

Along the footpath leading from the van to the residential site were two
boards attached to birch trees, each inscribed with writing. A mask and
dreamcatcher was attached to another tree. Netting hung over the footpath.

Piper and Dancier asked that their picture not be taken but agreed to
allow pictures of their buildings. As they spoke, a few kittens walked
near Dancier’s feet.

Piper said they bought the property in December 2005 and moved there
from Elkhart Lake, Wis. in May 2006. “Several things happened to kind of
lead to this,” she said. “We searched for land and bought this parcel
because it was the cheapest. We lived in the van for six months.”

Their residence is a “cob” structure made of clay and straw; “we built
it all by hand,” Piper said. “It cost us under $1,000 to build.”

The “humanure” system consists of a five-gallon pail plus the crib.
“Every time you go to the bathroom, you put in an equal amount of
sawdust,” Piper said. “You put that into the compost bin and put hay or
straw atop that. Then you wash out your bucket. All the soap we use is
biodegradable.”

The house is heated with a 100-year-old wood stove donated by a
neighbor. Piper and Dancier stayed there last winter and “we managed to
survive pretty well,” she said. “We’re actually pretty thriving. It’s
kind of like living in a rock. The sun heats it during the day and if
you also have interior heating, it soaks up the heat and radiates heat
during the night. So we didn’t have to stoke the fire. When it was 30
below zero we just hung out in the loft.”

Inside the house, there are numerous jars of herbs for medicine and
teas, a bookshelf, and cloth banners with goddess images hanging from a
string that stretches across the room. An aluminum keg with a tap
contains water.

“We came here because we wanted to live a simple, quiet, peaceful life
and not be harassed by anyone, to be self-sufficient, sustainable and
not be sued (by government),” Piper said.

“We don’t want to make any trouble either,” Piper added. “We feel things
have gotten out of hand. We’re not going to run. We’re not selling drugs.”

She said that some area residents “have been really nice to us. They’ve
given us wood. Some people let us to take showers at their place for a
few months. A woman at the laundromat said if our fireplace doesn’t work
or if something ever happens with us, we can always stay there when it
gets cold.

“Zoning and all the requirements may be part of the homeless problem,”
she added. “It’s kind of a sticky situation. I think they (the county)
are having a hard time deciding what to do with this because it’s so out
of realm of what they’re used to dealing with. Five hundred square feet
is an enormous space for us to build; we can only construct in the
summer. We used recyclable materials, glass bottles in the house.

“It’s not finished yet; we want to do a living room as well with clay or
rubber on the top, with soil and flowers,” Pilper added. “We want to
plaster the outside and hopefully the inside next year if we’re still here.”

Asked what her goal is, Piper said “Our goal was to eventually write
children’s books. We’ll see how that goes. Febe became deaf about 1 1/2
years ago, so it’s been a journey. We do art, we write . . . .

She and Dancier “are very good friends; we consider ourselves sisters.
We don’t have family other than each other,” Piper added.

“We basically won’t do anything” in response to the court action last
week, Piper said.