Serving as his own attorney, Cornel “Cory” Christofferson’s defense of his unusual sheep and cattle fences had drawn worldwide attention during a three-year battle that ended with the North Dakota Supreme Court deciding against him in December 2007. Christofferson said he eventually removed the tires, burying them as part of subgrade for a roadway, before selling the farmstead.

However, the Tolna resident has another farmstead that he estimates features about four miles of tire fencing. The property caught the attention of the North Dakota Department of Environmental Quality in 2022 after he applied to the Spirit Lake Tribal Environmental Protection Agency for a permit to dispose of some tires.

The state inspected the property and entered an agreement with the tribe to not issue any permits until Christofferson removes and properly disposes of all tire piles and fences, which were determined to be out of compliance with state and tribal rules.

The state filed a notice of violation last November, stating Christofferson operated a solid waste facility without a permit by stockpiling and disposing of thousands of tires. The notice gave Christofferson 30 days to respond, which he did by filing a cease and desist order against harassment and “baseless accusations and dissemination of false information” of the department.

Submitted Photo A tire fence creates a boundary for sheep grazing on Cornel Christofferson’s former farmstead.

Christofferson disagrees with findings in the state’s notice relating to the inspection, which he said draws on information never discussed and inspections never fully conducted.

“So, we filed the cease and desist, and they’re either going to answer or we’re going to file suit against them,” he said.

“If what I am doing is beneficial, I am exempt from all the rules,” he added.

“That’s one of the beauties of what I’m doing. It not only makes a fence that’ll last for eternity – and I mean eternity because they are inert – and it looks fine and it works great. And I have 20 years of proof that it works, and I’ve been here with zero complaints, zero fires, zero problems, and yet, they’re now back at it again.”

Christofferson, 69, originally had obtained waste hauling permits in 1995 and 2000 from the health department, collecting tires for a beneficial use exempt from solid waste regulations. At one time, Christofferson said, he had 15 miles of fences.

In 2004, the department determined the scope of his activities no longer constituted a beneficial use based on mosquito proliferation and fire hazards.

The Department of Environmental Quality (NDDEQ) is raising the same concerns about Christofferson’s current fences.

Although the state has issued a notice of violation, no formal complaint has been filed at this time, said Diana Trussell, manager of the Solid Waste Program at NDDEQ. She said the situation is part of an ongoing investigation.

Trussell said tire fences can exist only with approval, and in the 17 years she has been with the department, no such fences have ever been approved.

“The issues that the department has with tire fences is that they can collect water, which then can breed different vectors – mosquito issues and things like that. Plus, if they were to catch on fire, tire fires are notoriously hard to put out. Generally, we don’t see a lot of approvals for those because of those reasons,” she said.

The notice of violation was filed against Christofferson and his son, in whose name the land had been recorded as of 2022. Christofferson said the land now is in his name.

Christofferson said he hasn’t brought tires onto the property since 2004.

After ensuring the legality as a nonfarmer, he said, he has used some tires to fill excavated potholes, covering them with soil that has been supporting vegetation and creating natural wildlife sanctuaries.

State law provides for a civil penalty of up to $12,500 a day for failure to correct a violation of the solid waste management rules.

However, Trussell said the focus is on removing the hazard.

“Our department’s goal is always to get facilities or properties back into compliance. The penalty is a separate discussion, because our ultimate goal is compliance and protecting human health and the environment,” she said.

Defendant challenges marijuana raid

Along with taking on the state to preserve his tire fences, Cory Christofferson of Tolna is fighting a felony arrest for growing his own medical marijuana.

In 2008, experiencing health issues, he read about the benefits of cannabis.

“I started growing my own medicine on my farm,” he said. “It’s done tremendous things to change my life.”

According to Christofferson, law officers broke down his unlocked door on Aug. 25, raiding his home. They found marijuana in his home and about 30 plants growing outdoors, along with hunting rifles, a pistol and ammunition.

He later was charged with possession with intent to manufacture/deliver marijuana, with a firearm, and maintaining a premises or property for the purpose of the use, storage or sale of a controlled substance. His preliminary hearing and/or arraignment on the Class B felony is set for Feb. 13.

Medical marijuana is legal in North Dakota, but it remains illegal for people to cultivate their own marijuana.

Christofferson has filed notice of his intention to sue with the North Dakota Office of Management and Budget, related to defamatory information about the charges posted for 12 hours on the Lake Region Law Enforcement Center website. He said the posting errantly listed a methamphetamine distribution charge. He plans to seek damages of $7 million for reputational harm, emotional distress and financial losses as well as unlisted punitive damages and a formal public apology.

He said he also plans to file a federal tort, a civil action, against the Bureau of Indian Affairs officer who participated in the search with the regional drug task force.

Christofferson said his 6-year-old daughter, who was present during the raid, experienced post-traumatic stress and was hospitalized with stress-related pneumonia. His adult son who had stopped by was detained at gunpoint and held for four hours, he said.

His firearms, cell phone and cash from a land sale were taken and have yet to be returned, Christofferson added.