Cory Christofferson says his neighbors don't mind the eight miles of fencing on his ranch made from discarded tires. But the Health Department does, and the North Dakota Supreme Court has upheld the agency's arguments that the tires are an environmental hazard.

"There have been no complaints against me, and that's what's so frustrating for me," Christofferson said Thursday. "When the local people make no difference whatsoever … I don't know what this country is coming to."

Christofferson describes the fencing, which is made from an estimated 300,000 tires, as a recycling project.

He began collecting them in 1994, and used them during the next decade to build fences, windbreaks and buildings on his "Tired-Out Ranch" near Tolna, in Benson County in northeastern North Dakota. They provide enclosures for about 200 sheep he raises.

The Health Department, concerned about Christofferson's accumulation of tires, obtained an order two years ago demanding that he develop a disposal plan.

The tires could provide breeding grounds for mosquitoes and rats, and could cause substantial pollution problems if they caught fire, the agency argued. If Christofferson abandoned the property, health officials would be stuck with the disposal problem, the agency's lawyer said.

An administrative law judge ruled Christofferson's tire fence did not amount to a beneficial use of the tires. South Central District Judge Sonna Anderson affirmed the administrative law judge's conclusions, and Christofferson, acting as his own attorney, appealed to the Supreme Court.

In a unanimous decision Thursday, written by Justice Daniel Crothers, the Supreme Court affirmed the Health Department's arguments. Earlier findings that the tires presented a health and environmental risk were proper, Crothers wrote.

"The conclusion that Christofferson's operation is not a beneficial use under the solid waste management rules is supported by factual findings, as is the determination that Christofferson has not adequately follows the applicable solid waste management regulations," Crothers wrote.

Christofferson said using the tires to build fencing and paddocks allowed him to graze more animals on his ranch land and increase its production.

He got the idea of using tires for fencing from a magazine article that described an Australian rancher's use of tires for sheep fencing, he said.

He is uncertain about what he will do next, Christofferson said. "I'll have to think about it for a while," he said. "We're pretty low on money now."

He has more than 20 supportive affidavits from neighbors and others, Christofferson said.

"All of these people who live here, nobody's got a problem with it," he said. "If somebody could explain to me what I'm doing wrong … I'd probably quit."