HF 2461 (LSB 5739YH (3) 84)

HOUSE FILE 2461

BY  HELLAND

A BILL FOR

An Act relating to legal actions involving nuisances affecting agriculture.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  567B.1  Title.
   This chapter shall be known and may be cited as the “Iowa Right to Farm Act”.
    Sec. 2.  NEW SECTION.  567B.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Animal feeding operation” means the same as defined in section 459.102.
   2.  “Farm operation” means any tract of land over ten acres in area used for or devoted to the commercial production of farm products.
   3.  “Farm product”means a plant or animal useful to humans and includes but is not limited to any of the following:
   a.  Forages and sod crops.
   b.  Grain and feed crops.
   c.  Dairy and dairy products.
   d.  Poultry and poultry products.
   e.  Livestock, as defined in section 10.1, including livestock used for breeding or grazing.
   f.  Fruits, vegetables, flowers, seeds, grasses, and trees.
   g.  Fish.
   h.  Honey.
   i.  An item which incorporates the use of food, feed, fiber, or fur.
   4.  “Grain warehouse” means a warehouse as defined in section 203C.1 that is used to store grain for longer than ten days, including but not limited to any structure consisting of one or more warehouse sections that are considered as a single delivery point with the capacity to receive, load out, weigh, and store grain.
    Sec. 3.  NEW SECTION.  567B.3  Farm operations and grain warehouses not a nuisance.
   A farm operation or grain warehouse shall not be found to be a public or private nuisance if all of the following apply:
   1.  The farm operation or grain warehouse existed before a change in the land use or occupancy of land claimed to be affected by the farm operation or grain warehouse.
   2.  Before the change in land use or occupancy as described in subsection 1 occurred, the farm operation or grain warehouse would not have been a public or private nuisance.
    Sec. 4.  NEW SECTION.  567B.4  Animal feeding operations.
   An animal feeding operation which is located on any tract of land of ten or fewer acres is not a public or private nuisance if all of the following applies:
   1.  The animal feeding operation employs reasonable techniques to keep dust, noise, insects, and odor at a minimum.
   2.  The nuisance action is brought by or on behalf of a person whose date of lawful possession of the land claimed to be affected by the animal feeding operation is subsequent to the date that the animal feeding operation was established.
   a.  For a confinement feeding operation which includes a confinement feeding operation structure requiring a construction permit pursuant to section 459.303, the date of establishment shall be the date that the department issues a permit for the construction of the first confinement feeding operation structure.
   b.  For an open feedlot operation which includes a settled open feedlot effluent basin or alternative technology system requiring a construction permit pursuant to section 459.303, the date of establishment shall be the date that the department issues a permit for the construction of the first open feedlot effluent basin or alternative technology system.
EXPLANATION
   This bill establishes an “Iowa Right to Farm Act” which applies to farm operations located on more than 10 acres and grain warehouses. The bill provides that a farm operation or grain warehouse is not a private or public nuisance if it existed before a change in the land use or occupancy of land claimed to be affected by the farm operation and before the change occurred, the farm operation or grain warehouse would not be considered a nuisance. The bill also provides similar protections for an animal feeding operation which is located on any tract of land with 10 or fewer acres. The animal feeding operation is not a public or private nuisance action if it employs reasonable techniques to keep dust, noise, insects, and odor at a minimum and the action is brought by a party whose date of possession of land claimed to be affected by a nuisance is subsequent to the date that the animal feeding operation was established.