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House Amendment 5637

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-5482, to Senate File 2446,
  1  2 as amended, passed, and reprinted by the Senate, as
  1  3 follows:
  1  4    #1.  Page 15, by inserting before line 20 the
  1  5 following:
  1  6    "Sec.    .  Section 335.2, Code 1995, is amended to
  1  7 read as follows:
  1  8    335.2  FARMS AGRICULTURAL PURPOSES EXEMPT.
  1  9    Except to the extent required to implement section
  1 10 335.27, no as provided in this section, an ordinance
  1 11 adopted under this chapter applies shall not apply to
  1 12 an agricultural operation, including land, farm
  1 13 houses, farm barns, farm outbuildings, or other
  1 14 buildings or structures, which are primarily adapted,
  1 15 by reason of nature and area, for use for an
  1 16 agricultural purposes purpose, while so used.
  1 17 However, the ordinances an ordinance adopted under
  1 18 this chapter may apply to any of the following:
  1 19    1.  The implementation of an agricultural
  1 20 preservation ordinance, as provided in section 335.27.
  1 21    2.  A structure, building, dam, obstruction,
  1 22 deposit, or excavation in or on the flood plains of
  1 23 any a river or stream.
  1 24    3.  An animal feeding operation, as defined in
  1 25 section 455B.161, other than an animal feeding
  1 26 operation which is part of a family farm.  The county
  1 27 board of supervisors shall determine if an
  1 28 agricultural operation qualifies as a family farm.  In
  1 29 making this determination the board shall review facts
  1 30 relating to the agricultural operation and the person
  1 31 owning or leasing the land where the agricultural
  1 32 operation is located, including the extent to which
  1 33 the person:
  1 34    a.  Has held an interest in the land.
  1 35    b.  Is actively engaged in farming the land.
  1 36    c.  Produces different species of livestock on the
  1 37 land.
  1 38    d.  Produces crops on the land.  If crops are
  1 39 produced on the land, the board shall consider the
  1 40 extent to which the crops are used to feed livestock
  1 41 produced on the land.
  1 42    e.  Owns and operates machinery for the following:
  1 43    (1)  The planting and harvesting of grain on the
  1 44 land.
  1 45    (2)  The application of manure on the land.
  1 46    f.  Owns and uses facilities for the storage of
  1 47 grain produced on the land.
  1 48    Sec.    .  Section 455B.162, subsection 1,
  1 49 paragraph b, unnumbered paragraph 1, Code Supplement
  1 50 1995, is amended to read as follows:
  2  1    The following table represents the minimum
  2  2 separation distance in feet required between animal
  2  3 feeding operation structures and a public use area or
  2  4 a residence not owned by the owner of the animal
  2  5 feeding operation, a commercial enterprise, a bona
  2  6 fide religious institution, or an educational
  2  7 institution located within the corporate limits of a
  2  8 city:
  2  9    Sec.    .  Section 657.1, Code Supplement 1995, is
  2 10 amended to read as follows:
  2 11    657.1  NUISANCE – WHAT CONSTITUTES – ACTION TO
  2 12 ABATE.
  2 13    Whatever is injurious to health, indecent, or
  2 14 unreasonably offensive to the senses, or an
  2 15 obstruction to the free use of property, so as
  2 16 essentially to unreasonably interfere with the
  2 17 comfortable enjoyment of life or property, is a
  2 18 nuisance, and a civil action by ordinary proceedings
  2 19 may be brought to enjoin and abate the same and to
  2 20 recover damages sustained on account thereof.
  2 21    Sec.    .  Section 657.2, subsection 1, Code
  2 22 Supplement 1995, is amended to read as follows:
  2 23    1.  The erecting, continuing, or using any building
  2 24 or other place for the exercise of any trade,
  2 25 employment, or manufacture, which, by occasioning
  2 26 noxious exhalations, unreasonably offensive smells, or
  2 27 other annoyances, becomes injurious and dangerous to
  2 28 the health, comfort, or property of individuals or the
  2 29 public.
  2 30    Sec.    .  APPLICABILITY.  Except as provided in
  2 31 section 455B.163, as enacted by 1995 Iowa Acts,
  2 32 chapter 195, section 17, with regard to the continued
  2 33 operation of animal feeding operations constructed
  2 34 prior to May 31, 1995, or the expansion of structures
  2 35 constructed prior to May 31, 1995, the provisions of
  2 36 section 455B.162, subsection 1, paragraph "b",
  2 37 unnumbered paragraph 1, Code Supplement 1995, as
  2 38 enacted by 1995 Iowa Acts, chapter 195, section 16,
  2 39 shall continue to apply to animal feeding operation
  2 40 structures constructed on or after May 31, 1995, but
  2 41 prior to the effective date of this Act, and to the
  2 42 expansion of such structures constructed on or after
  2 43 May 31, 1995, but prior to the effective date of this
  2 44 Act.
  2 45    Sec.    .  REPEAL OF NUISANCE SUIT RESTRICTION.
  2 46 Section 657.11, Code Supplement 1995, is repealed."
  2 47    #2.  Page 15, by striking lines 26 through 28.
  2 48    #3.  By renumbering as necessary.  
  2 49 
  2 50 
  3  1                              
  3  2 KOENIGS of Mitchell
  3  3 
  3  4 
  3  5                               
  3  6 BERNAU of Story
  3  7 
  3  8 
  3  9                               
  3 10 WEIGEL of Chickasaw
  3 11 
  3 12 
  3 13                               
  3 14 MUNDIE of Webster
  3 15 
  3 16 
  3 17                               
  3 18 OSTERHAUS of Jackson
  3 19 
  3 20 
  3 21                               
  3 22 CONNORS of Polk
  3 23 
  3 24 
  3 25                               
  3 26 HOLVECK of Polk
  3 27 
  3 28 
  3 29                               
  3 30 JOCHUM of Dubuque
  3 31 
  3 32 
  3 33                               
  3 34 WITT of Black Hawk
  3 35 
  3 36 
  3 37                               
  3 38 MASCHER of Johnson
  3 39 
  3 40 
  3 41                               
  3 42 BURNETT of Story
  3 43 
  3 44 
  3 45                               
  3 46 FALLON of Polk
  3 47 
  3 48 
  3 49                               
  3 50 NELSON of Pottawattamie
  4  1 
  4  2 
  4  3                               
  4  4 SHOULTZ of Black Hawk
  4  5 
  4  6 
  4  7                               
  4  8 HARPER of Black Hawk
  4  9 
  4 10 
  4 11                               
  4 12 DREES of Carroll
  4 13 
  4 14 
  4 15                               
  4 16 LARKIN of Lee
  4 17 
  4 18 
  4 19                               
  4 20 CATALDO of Polk
  4 21 
  4 22 
  4 23                               
  4 24 DODERER of Johnson
  4 25 
  4 26 
  4 27                               
  4 28 COHOON of Des Moines
  4 29 
  4 30 
  4 31                               
  4 32 McCOY of Polk
  4 33 
  4 34 
  4 35                               
  4 36 WARNSTADT of Woodbury
  4 37 
  4 38 
  4 39                               
  4 40 MURPHY of Dubuque
  4 41 
  4 42 
  4 43                               
  4 44 TAYLOR of Linn
  4 45 
  4 46 
  4 47                               
  4 48 BRAND of Benton
  4 49 
  4 50 
  5  1                               
  5  2 OLLIE of Clinton
  5  3 
  5  4 
  5  5                               
  5  6 KREIMAN of Davis
  5  7 
  5  8 
  5  9                               
  5 10 SCHRADER of Marion
  5 11 
  5 12 
  5 13                               
  5 14 MYERS of Johnson
  5 15 SF 2446.716 76
  5 16 da/cf
     

Text: H05636                            Text: H05638
Text: H05600 - H05699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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