House File 2461 - Introduced HOUSE FILE 2461 BY HELLAND A BILL FOR An Act relating to legal actions involving nuisances affecting 1 agriculture. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5739YH (3) 84 da/sc

H.F. 2461 Section 1. NEW SECTION . 567B.1 Title. 1 This chapter shall be known and may be cited as the “Iowa 2 Right to Farm Act” . 3 Sec. 2. NEW SECTION . 567B.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Animal feeding operation” means the same as defined in 7 section 459.102. 8 2. “Farm operation” means any tract of land over ten acres 9 in area used for or devoted to the commercial production of 10 farm products. 11 3. “Farm product” means a plant or animal useful to humans 12 and includes but is not limited to any of the following: 13 a. Forages and sod crops. 14 b. Grain and feed crops. 15 c. Dairy and dairy products. 16 d. Poultry and poultry products. 17 e. Livestock, as defined in section 10.1, including 18 livestock used for breeding or grazing. 19 f. Fruits, vegetables, flowers, seeds, grasses, and trees. 20 g. Fish. 21 h. Honey. 22 i. An item which incorporates the use of food, feed, fiber, 23 or fur. 24 4. “Grain warehouse” means a warehouse as defined in section 25 203C.1 that is used to store grain for longer than ten days, 26 including but not limited to any structure consisting of one 27 or more warehouse sections that are considered as a single 28 delivery point with the capacity to receive, load out, weigh, 29 and store grain. 30 Sec. 3. NEW SECTION . 567B.3 Farm operations and grain 31 warehouses not a nuisance. 32 A farm operation or grain warehouse shall not be found to be 33 a public or private nuisance if all of the following apply: 34 1. The farm operation or grain warehouse existed before 35 -1- LSB 5739YH (3) 84 da/sc 1/ 3

H.F. 2461 a change in the land use or occupancy of land claimed to be 1 affected by the farm operation or grain warehouse. 2 2. Before the change in land use or occupancy as described 3 in subsection 1 occurred, the farm operation or grain warehouse 4 would not have been a public or private nuisance. 5 Sec. 4. NEW SECTION . 567B.4 Animal feeding operations. 6 An animal feeding operation which is located on any tract of 7 land of ten or fewer acres is not a public or private nuisance 8 if all of the following applies: 9 1. The animal feeding operation employs reasonable 10 techniques to keep dust, noise, insects, and odor at a minimum. 11 2. The nuisance action is brought by or on behalf of a 12 person whose date of lawful possession of the land claimed to 13 be affected by the animal feeding operation is subsequent to 14 the date that the animal feeding operation was established. 15 a. For a confinement feeding operation which includes 16 a confinement feeding operation structure requiring a 17 construction permit pursuant to section 459.303, the date of 18 establishment shall be the date that the department issues a 19 permit for the construction of the first confinement feeding 20 operation structure. 21 b. For an open feedlot operation which includes a settled 22 open feedlot effluent basin or alternative technology system 23 requiring a construction permit pursuant to section 459.303, 24 the date of establishment shall be the date that the department 25 issues a permit for the construction of the first open feedlot 26 effluent basin or alternative technology system. 27 EXPLANATION 28 This bill establishes an “Iowa Right to Farm Act” which 29 applies to farm operations located on more than 10 acres and 30 grain warehouses. The bill provides that a farm operation 31 or grain warehouse is not a private or public nuisance if it 32 existed before a change in the land use or occupancy of land 33 claimed to be affected by the farm operation and before the 34 change occurred, the farm operation or grain warehouse would 35 -2- LSB 5739YH (3) 84 da/sc 2/ 3

H.F. 2461 not be considered a nuisance. The bill also provides similar 1 protections for an animal feeding operation which is located on 2 any tract of land with 10 or fewer acres. The animal feeding 3 operation is not a public or private nuisance action if it 4 employs reasonable techniques to keep dust, noise, insects, and 5 odor at a minimum and the action is brought by a party whose 6 date of possession of land claimed to be affected by a nuisance 7 is subsequent to the date that the animal feeding operation was 8 established. 9 -3- LSB 5739YH (3) 84 da/sc 3/ 3