When is a farm not a farm?

Paul Reiger, who lives in rural Georgetown, struggles to understand some parts of Sussex County's code and how county officials enforce it. He said regulations for small farms are particularly frustrating.

Just about every week he speaks to Sussex County Council during the public comment session pointing out inconsistencies council could address.

He recently proposed changes for small-farming operations, particularly those with animals. A recent application highlights his concerns.

The Sussex County Board of Adjustment may have to rule on a special-use exception application to operate a small horse riding and boarding business on a 3.7-acre AR-1, agricultural-residential, parcel along Robinsonville Road. The stable has been in operation for several years.

Reiger says the only problem is that code does not allow public stables on parcels under 5 acres in AR-1 zoning. On more than 5 acres, pony rings and riding academies are permitted uses if approved by the board of adjustment.

However, he said, the stable could be approved on a parcel under 5 acres in GR-1, general-residential, zoning.

“That makes no sense; the code needs to be updated,” he said.

This particular case may be moot if the property owner can provide proof the horse farm was in operation before Sussex County adopted zoning.

He said people can have four horses on smaller parcels for personal use. “But as soon as money is exchanged, it triggers a public stable,” he said.

There is not a clear definition of a farm in county code. That issue was discussed during workshops on the 2018 county comprehensive land use plan.

“That's a hot potato, and it looks like no one wants to touch it,” Reiger said.

Code limits small farms to four horses for personal use as well as eight goats, sheep and pigs. “There is no avenue for farms less than 5 acres to have more animals,” he said.

He said alpacas and lamas are not mentioned in code. “Technically there should be only four on a farm under 5 acres, so how come some are allowed to have 20 or more?” he asked.

“We are told if it's not specially listed in the code, it's not permitted,” Reiger said.

Reiger has asked council if he is interpreting the code incorrectly, but has not received an answer.

“The idea is not to stop anyone but to make everything above board and consistent,” he said.