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Published - Saturday, December 22, 2007

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Amish balk at building permits


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BLACK RIVER FALLS, Wis. —The first of several rural Jackson County Amish residents accused of ignoring state building codes has been judged to have violated that code.

Daniel S. Borntreger of the town of Franklin will not know his punishment, however, until Jan. 3, when he must meet in Jackson County Circuit Judge Gerald Laab’s courtroom. He faces fines of between $25 and $1,000 for every day of violation and could be barred from inhabiting the home he built without a permit.
Officials in the towns of Franklin and Albion have for the past year pondered solutions to the collective refusal by a small group of Amish to get building permits for work on their properties and homes. Complaints were filed in July against six men. One complaint was dropped, and after deadlines for responses came and went without action from the Amish, Borntreger was the first to go to court Dec. 4.

Jackson County has seen a steady increase in the number of Amish families moving to rural areas, lured by the privacy and agricultural potential of the rolling hills outside of Black River Falls.

Officials say the majority of newcomers, some of them skilled carpenters, have complied with the state-mandated Uniform Building Code, but one splinter group has not, citing religious objections to entering into contracts with non-Amish.

The result has been frequent visits from Rod Stenulson, the building inspector for nearby Trempealeau County and 14 municipalities in Jackson County.

The disputes have spilled over into a broader public discussion, some of it heated, between residents who argue the building laws have to be equally enforced and others who feel these Amish aren’t harming anyone with their beliefs.

Stenulson said Borntreger “pretty much built an entire house” without getting any permits.

“(Borntreger) now has 30 days to come up with building plans, which is primarily what we have been waiting for for more than a year,” said Stenulson.

“He still has not done what he needs to do. The court held off on the (fine) to give him time to get this right,” he said.

Stenulson said Borntreger is required to “provide us with a building plan, showing the building as it is now, and showing how he is going to fix it to meet code. Or, he has to provide a structural analysis of the building from an engineer that says it meets code.”

Borntreger did have someone fax an engineer’s report to the town, said Stenulson, but it “was a couple of real minor drawings with little information” and inadequate proof of compliance.

In Stenulson’s judgment, Borntreger’s house “doesn’t meet code, from footing to roof peak.”

“I was there when he started (building),” said Stenulson. “I’ve been down that road many times.”

He said Borntreger was given advice and materials on following code but ignored them.

Borntreger was without a lawyer, said Catie DalCerro, who has emerged as an informal advocate for the Amish in the building permit dispute.

“I don’t think he got a chance to explain, but whether he did or not, he didn’t have any legal representation,” said DalCerro. She said Borntreger and his wife have 13 children, the youngest 6 months old.

“I would hope that the last thing anybody would want to see is Amish after Amish showing up in court unrepresented,” said DalCerro.

Paul Millis, a Black River Falls lawyer who represents the towns of Albion and Franklin, was not available for comment.

Stephen Zook, one of the town of Albion Amish served with a building permit complaint in October, said Thursday he still was puzzled by the enforcement, as he lives in a used mobile home he moved onto his property.

In an interview, Zook said he had no religious objection, only a practical objection, to getting a permit, which he doesn’t believe he needs.

Stenulson said the problem with Zook is the same for anyone who builds or moves a home, new or used, onto property or builds one: a permit is required.

George Hesselberg is a reporter for the Wisconsin State Journal in Madison.
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ex-amish wrote on Dec 27, 2007 8:55 PM:

" There seems to be a competition between one Amish community to the next to see who can be the most self-sufficient,excluded, laid back lifestyle to the extent they remove themselves from common sense. (Been there-- done that)

Remember a preference is not a conviction. Once we come back to Bible principles we'll be able to see we can comply to the requirements of our state without becoming "worldly".

"

kimmie wrote on Dec 24, 2007 12:15 AM:

" To: Leoniads - The Amish DO NOT pay tax on fuel - therefore, they should not be allowed to run on our roads, which they do. This should be one tax that you should be complaining about - who pays to fix the roads - not the Amish!? "

DJ: wrote on Dec 23, 2007 9:57 PM:

" Perhaps The Real World should take a walk in the real world. Talk about apples to oranges..... The Amish ancestors came here seeking religious freedom. This they have. As for accepting modern conveniences, it is up to each "church" or group of them to decide whether or not they should or can accept the "modern" or "english" way of doing things. If they can agree, they do, if they can't, they break off and form another "church" community. In the meanwhile, they reside among us and must as such follow rules for safety, health and common sense. "

My opinion wrote on Dec 23, 2007 5:02 PM:

" Great Job and hats off to Rod Stenulson for looking out for the safety of all. The english buy things that the Amish want to sell to them, and it is the English's judgement to buy things from them, I choose not to because of their beliefs in not using hot water to sterlize food making equipment, no vaccnations for their families, etc.I live next to them, until you do that then you will see what a mess and how dirty and cheap they are, they are not poor, they want you to think so! Religon is not an excuse when you sell to the public who does have to pay for permits, GREAT JOB Jackson County and Rod Stenulson. "

HonestAbe wrote on Dec 23, 2007 1:49 PM:

" What gets me, is that these people are not as true to their religion as they should be. I see them at Menards, Ace, HomeDepot, as well as at auctions and at one point, even at Culvers! If they were true to their ancient ways, this would not happen. So... what's going on here, is that they just want the best of both worlds ... if you don't see it, open your eyes. "

newt wrote on Dec 23, 2007 1:46 PM:

" That would be my point - enforce them across the board or don't have them at all. Trust me -this is not done now. It's not what you know -it's who you know. "

HonestAbe wrote on Dec 23, 2007 1:43 PM:

" Well, if the amish are deemed to not have to buy building permits ... every carpenter / contractor in the state is going to grow a beard, where a hat, and wear denim. There are standards for a reason. "

newt wrote on Dec 23, 2007 1:31 PM:

" It's my experience that the rules are bent all of the time for others who know the right people, in the form of variances. These special allowances are rather arbitrarily allowed both before and after the fact of the construction. What would be so hard about granting these people the variances that only a select few are presently allowed? In fact, why have the rules at all - when they clearly are selectively enforced? "

CLH wrote on Dec 23, 2007 11:54 AM:

" There is a fine line between safety and religious needs. I can respect the Amish for their religious beliefs, however, I can respect the need for building permits. Chances are, there are not any problems with the way they want to build there houses or the plans that they have. But, the rules are there for safety. If there is a problem and a roof collapses and kills a few kids, who's going to be at fault? I'm sure that someone would come back on the county stating that they did nothing to promote safety. Pay the fees, pay your fines and go about your business, Amish. It's a small price to pay and in the end, you will remain living in peace among us secular people. "

leonidas wrote on Dec 23, 2007 9:50 AM:

" They don't pay taxes? How do they not pay taxes when they buy gas, building supplies, food items... The issue is they need someone to oversee their lack of common sense in the placement of buildings. A local township had a Amish family constructions a building two feet from a cemetary fence in a 80 acre field. Duh!! "

shady wrote on Dec 23, 2007 8:05 AM:

" The Amish community has been afforded alot of leeway in the interest of religous beliefs. For the most part, I have no problem with that. The problem lies in the "give an inch take a mile" mentallity. They need to buy the permits like the rest of us. Small price to pay seeing as how they don't pay taxes. "

wisCONsin wrote on Dec 23, 2007 6:27 AM:

" If one doesn’t need to comply with the law none of us should have to!! We in wisCONsin have laws and laws and more laws, but if you don’t like it, do like I’m in the process of doing MOVE out of this state!! If you don’t comply with the law suffer the consequences and pay the price and if you don’t like it, do like I’m in the process of doing MOVE!! This state always kisses special interest groups and makes exceptions for the whiners and that needs to STOP but if you don’t like it do like I’m in the process of doing MOVE!! building permits are law comply no matter who you are or MOVE!!! "

The Moderate wrote on Dec 23, 2007 5:19 AM:

" "Borntreger was given advice and materials on following code but ignored them." So it is not just "Building Permits" or"entering into a contract with Non-Amish" that is the problem. The rules are made to protect them as well as everybody else. By not having to comply with the Building Permit Process and ignoring the Building Codes, they can ignore Sanitary Waste requirements as well as the Energy Conservation efforts that were written into the code to make the world a better place for future generations. We have no "right" to allow them to ignore what they want to. "

Mallard08 wrote on Dec 23, 2007 2:36 AM:

" Money bags....grow up. You need to move to another country or planet with that kind of narrow vision of the world. When you get done hating the everything around you read your comments again and see how poor they are. "

MoneyBags wrote on Dec 23, 2007 12:50 AM:

" oh yes, perhaps we can for some more government to form a few more committees to please everyone. We can then bitch because taxes are higher to pay for all this foolishness. "

MoneyBags wrote on Dec 23, 2007 12:48 AM:

" Then the came for the poor, but I didn't have to worry, because I don't care! It is time to stop special treatment for any and all religions and non profit organizations! Make everyone abide by the rules, not just the select few that are now. Time to get rid of your brain dead thinking. "

Big Spender wrote on Dec 23, 2007 12:47 AM:

" Those building permits are there to protect the home dwellers, yes, but perhaps there is a middle ground here: perhaps a safe set of national building codes respecting Amish building practices can be added to the local codes--that would involve enlisting Amish advice and the input of competent building safety engineers. In other words, the Amish apply their traditional building techniques as they build safe dwellings. As a dividend to us all, perhaps we would see other non-mainstream techniques see approval more often (geodesic domes); traditional building codes mean that we build the same thing all the time everywhere--that makes us less safe overall (standard balloon frame houses burn down and are hard to maintain). "

The Real World wrote on Dec 23, 2007 12:38 AM:

" All you people who think this is acceptable should study the Constituion. The government has no right to interfere in most of these situations. Pastor Martin Niemöller said "First they came for the Jews, and I did not speak out because I was not a Jew. Then they came for the Communists, and I did not speak out because I was not a Communist. Then they came for the trade unionists, and I did not speak out because I was not a trade unionist. Then they came for me, and there was no one left to speak out for me." "


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