HF 456 (LSB 1771YH (4) 87)

HOUSE FILE 456

BY  STECKMAN, BENNETT, MASCHER, and WINCKLER

A BILL FOR

An Act authorizing counties to adopt county legislation relating to the siting of confinement feeding operations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  459.305A  County control of siting.
   1.  A county may adopt a confinement feeding operations siting ordinance. The purpose of the ordinance is to allow the county board of supervisors to approve or disapprove the location of a confinement feeding operation, including the construction of a confinement feeding operation structure within the county. 
   2.  A person shall not construct a confinement feeding operation structure in a county that has adopted a confinement feeding operations siting ordinance until the county board of supervisors has approved the location of the confinement feeding operation in a manner and according to procedures required in the ordinance. The ordinance may provide for all of the following:
   a.  Conditions for the construction of a confinement feeding operation structure, the operation of the confinement feeding operation, or the application of manure originating from the confinement feeding operation.
   b.  That a person required to be issued a permit by the department for the construction of a confinement feeding operation structure as provided in section 459.303 be issued such permit prior to obtaining approval by the county board of supervisors.
   c.  That a county board of supervisors base its approval or disapproval on factors other than factors considered by the department when approving or disapproving an application to construct a confinement feeding operation structure.
   d.  A greater separation distance between a confinement feeding operation structure and a benefitted object or location than is required by this chapter.
   3.  A county may adopt county legislation necessary to effectuate the purposes of this section notwithstanding sections 331.304A and 335.2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill amends provisions in Code chapter 459 that authorize the department of natural resources to issue permits for the construction of structures associated with a confinement feeding operation.
   The bill provides that a county may adopt a confinement feeding operations siting ordinance which allows a county board of supervisors to approve the site where the construction is to occur. The ordinance may authorize the board to place conditions on site approval if the conditions relate to the construction of a confinement feeding operation structure, the operation of the confinement feeding operation, or the application of manure originating from the confinement feeding operation. The bill provides that an ordinance may establish separation distance requirements from a benefitted object or location that are greater than are required by current Code chapter 459.
   The bill provides that the county may adopt the ordinance notwithstanding provisions in Code section 335.2 which prohibit a county from zoning farm structures and Code section 331.304A which prohibit a county from adopting legislation that regulates animal agriculture.