Ray Robinson is a model railroader, but he’s a bit different than us. First, his stuff is big enough that he not only can ride on it, he can actually get into his locomotive, though the quarters are pretty crowded. Like us, he likes to run trains on track that he’s laid himself. And like us, it’s just a hobby.

The Meadows & Lake Kathleen Railroad’s web site states that this is an 18-inch gauge railroad. That works out to a scale of 1:3.14, a whole lot bigger than what this editor normally experiences. Still, this is in the same neighborhood as Walt Disney’s private trains at his home. On Ray’s 41 acres of property, he has his track plus scale building and such things as a water tank.

Normally we don’t see much of this sort of thing in our pages, but my local newspaper, the Medford Mail Tribune, ran a story about Ray’s railroad, located here in Oregon. Deadwood is the closest town to his property and is located well up into the Coast Range between Eugene on I-5 and Florence, on the coast. This is an unincorporated community (read: small), way out in the boondocks, and Ray doesn’t advertise his railroad, nor is he open to the public.

So imagine his surprise when the Oregon Department of State Lands fined Ray and his wife Kathy a whopping $3,000 for not having what the state investigators decided were the required permits. ODSL later reduced the fine to $500 in recognition of the preservation and restoration work that Ray did all over the property, turning the place into a wildlife preserve with well established riparian zones.

Ray has paid this fine, but in the meanwhile, Lane County has landed on Ray like an 800 pound gorilla. In their mind, all this stuff that is called a railroad is the sort of construction and improvement that requires building permits. Matt Laird, manager of the county’s Land Management Division stated, “I’d say putting a model railroad in your driveway or around your Christmas tree clearly wouldn’t need a permit, but when you start building a substantial structure, with trestles, crossing streams if someone builds a dam, a water tower, that all requires building permits.”

I’m going to trot out the word “model” here, as we use it in the hobby. This means a small representation of a full-sized structure or device for the amusement and edification of the one who constructs it and those who view it. Model railroaders often talk about scale, and I’ve never met a scale I didn’t like, except perhaps the scale of misjustice being foisted on Ray. I could put a full sized railroad in my driveway or around my Christmas tree, so is Laird saying that the place is what is important? Or is it the scale? The fact that he can climb into the locomotive or perhaps a 1/3-scale house, is that the criterion? Or is this just a public servant who is serving himself?

Bill Fleenor is a Lane County Commissioner, one of those few folks who run a county government and are the legislative and administrative branches more or less combined. They create policies for the county but also enforce these policies and other state laws. They used to be called County Judges, if that gives you any idea. So Bill, who is an elected, full-time, paid official, has ridden on the railroad and even helped build it, making him a shoo-in supporter, right? Ray should have one of the five commissioners on his side, especially when the Lane County web site says, “Individually, board members may seek to address the needs of constituents.”

Well, Bill says, “Lane County is currently waiting for Mr. Robinson to make application for all appropriate land use and building permits. If the county does not receive any applications from Mr. Robinson within the next 60- to 90-days, then the county will be required under Oregon’s Land Use Laws to issue a request for voluntary compliance. Once a letter of voluntary compliance is mailed, Mr. Robinson will then have an additional 90-days to comply with all appropriate land use and building codes. Lane County hopes this issue will be resolved in a timely and cooperative manner.”

I think the interesting word here is “appropriate.” What land use and building permits would be “appropriate” for a large model railroad? It all boils down to leadership. Good leaders have that interesting ability to see through red tape and government nonsense as though these are cobwebs that are annoying but not really in their way. When you get a permit, it is for safety and the overall value of the surrounding community. Yes, we can argue definitions until the cows come home, but it doesn’t change the underlying reality. Little buildings and water towers are not a danger or an eyesore. The track is not a danger or an eyesore, which was proved when Commissioner Fleenor submitted himself for a ride!

It can be said that the large main trestle might have wanted a building permit since trains of several tons in weight routinely cross Ray’s bridge. Even Walt Disney had building inspectors and building permits for his amazing structures, but no one ever rushed at him, shaking fines in his face. This heavy-handed treatment is generally unwarranted, because the trestle would be the only item needing a permit on Ray’s entire property.

About that trestle, Ray says, “Our railroad has a maximum shelf life of 10 years, and when the big trestle starts to become unsafe, we will remove the railroad. NEVER have we ever had any intentions of turning our place into anything other than a nature preserve, and the train allows folks of all physical capabilities to see it with minimal impact to the environment.”