Senate File 2261 - Introduced SENATE FILE 2261 BY D. JOHNSON A BILL FOR An Act authorizing counties to adopt county legislation 1 relating to the regulation of confinement feeding operations 2 to preserve areas of vital economic value or environmental 3 significance, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5401XS (3) 87 da/rn

S.F. 2261 Section 1. Section 331.304A, subsection 2, Code 2018, is 1 amended to read as follows: 2 2. a. A county shall not adopt or enforce county 3 legislation regulating a condition or activity occurring 4 on land used for the production, care, feeding, or housing 5 of animals unless the regulation of the production, care, 6 feeding, or housing of animals is expressly authorized by 7 state law. County legislation adopted in violation of this 8 section is void and unenforceable and any enforcement activity 9 conducted in violation of this section is void. A condition 10 or activity occurring on land used for the production, care, 11 feeding, or housing of animals includes but is not limited to 12 the construction, operation, or management of an animal feeding 13 operation, an animal feeding operation structure, or aerobic 14 structure, and to the storage, handling, or application of 15 manure or egg washwater. 16 b. Paragraph “a” does not apply to a special confinement 17 feeding operations ordinance as provided in section 459.305A. 18 Sec. 2. Section 335.2, Code 2018, is amended to read as 19 follows: 20 335.2 Farms exempt. 21 1. Except to the extent required to implement section 22 335.27 , no ordinance adopted under this chapter applies to 23 land, farm houses, farm barns, farm outbuildings or other 24 buildings or structures which are primarily adapted, by reason 25 of nature and area, for use for agricultural purposes, while 26 so used. However, the ordinances may apply to any structure, 27 building, dam, obstruction, deposit or excavation in or on the 28 flood plains of any river or stream. 29 2. Subsection 1 does not apply to a special confinement 30 feeding operations ordinance as provided in section 459.305A. 31 Sec. 3. NEW SECTION . 459.305A Special confinement feeding 32 operations ordinance. 33 1. A county may adopt a special confinement feeding 34 operations ordinance. The purpose of the ordinance is to allow 35 -1- LSB 5401XS (3) 87 da/rn 1/ 4

S.F. 2261 the county board of supervisors to regulate the siting and 1 operation of a confinement feeding operation to ensure that it 2 does not impact an area of the county that has vital economic 3 value or environmental significance as determined by the county 4 board of supervisors. An area may include but is not limited 5 to a specific geographic location that is any of the following: 6 a. Devoted to tourism, recreation, hunting, or fishing. 7 b. Fragile or has a unique natural characteristic. 8 c. Environmentally sensitive, including but not limited to 9 a high quality resource or karst terrain. 10 2. a. A special confinement feeding operation ordinance 11 shall include findings of fact that support the board of 12 supervisors’ conclusion that the ordinance is necessary 13 to protect areas of vital economic value or environmental 14 significance. 15 b. The ordinance may include greater or additional 16 restrictions on the construction, including expansion, of a 17 confinement feeding operation structure, or the application of 18 manure that originates from the confinement feeding operation 19 than otherwise provided in this subchapter, including rules 20 adopted by the department pursuant to this subchapter. 21 c. The ordinance or an action taken by a board of 22 supervisors pursuant to the ordinance is not subject to review 23 or approval by the department. 24 3. A person shall not construct, including expand, a 25 confinement feeding operation structure in a county that has 26 adopted a special confinement feeding operations ordinance 27 until the county board of supervisors has approved the location 28 of the confinement feeding operation in a manner and according 29 to procedures required in the ordinance. 30 a. The county board of supervisors may subject its approval 31 to conditions for the construction of the confinement feeding 32 operation structure, the operation of the confinement feeding 33 operation, or the application of manure originating from the 34 confinement feeding operation. 35 -2- LSB 5401XS (3) 87 da/rn 2/ 4

S.F. 2261 b. A person required to be issued a permit by the department 1 for the construction of a confinement feeding operation 2 structure as provided in section 459.303 must be issued such 3 permit prior to obtaining approval by the county board of 4 supervisors under this section. 5 c. A county board of supervisors may base its approval or 6 disapproval on factors other than factors considered by the 7 department when approving or disapproving an application to 8 construct the confinement feeding operation. 9 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 10 importance, takes effect upon enactment. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill in part amends provisions in Code chapter 459 15 which authorize the department of natural resources to regulate 16 confinement feeding operations, including by issuing permits 17 for the construction or expansion of structures associated with 18 a confinement feeding operation (e.g., a building or manure 19 storage structure). 20 The bill provides that a county may adopt a special 21 confinement feeding operations ordinance which allows a county 22 board of supervisors to regulate confinement feeding operations 23 based on a determination by the county’s board of supervisors 24 that it is necessary in order to preserve areas of vital 25 economic value or environmental significance. The ordinance 26 may require the board to approve the site of a confinement 27 feeding operation structure, the operation of the confinement 28 feeding operation, and the application of manure originating 29 from the confinement feeding operation. The ordinance may 30 include provisions that are more restrictive than otherwise 31 provided under state law. The board may place conditions on 32 site approval if the conditions relate to the construction or 33 operation of the confinement feeding operation or to manure 34 application. 35 -3- LSB 5401XS (3) 87 da/rn 3/ 4

S.F. 2261 The bill provides that the county may adopt the ordinance 1 notwithstanding provisions in Code section 331.304A which 2 prohibits a county from adopting legislation that regulates 3 animal agriculture and Code section 335.2 which prohibits a 4 county from adopting an ordinance that provides for the zoning 5 of farm structures. 6 The bill would take effect upon enactment. 7 -4- LSB 5401XS (3) 87 da/rn 4/ 4