Text: HF02144 Text: HF02146 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 335.2, Code 1995, is amended to read as 1 2 follows: 1 3 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 1 4 Exceptto the extent required to implement section 335.27,1 5noas provided in this section, an ordinance adopted under 1 6 this chapterappliesshall not apply to an agricultural 1 7 operation, including land,farmhouses,farmbarns,farm1 8 outbuildings, or other buildings or structures, which are 1 9 primarily adapted, by reason of nature and area, foruse for1 10 an agriculturalpurposespurpose, while so used. However,the1 11ordinancesan ordinance adopted under this chapter may apply 1 12 to any of the following: 1 13 1. The implementation of an agricultural preservation 1 14 ordinance, as provided in section 335.27. 1 15 2. A structure, building, dam, obstruction, deposit, or 1 16 excavation in or on the flood plains ofanya river or stream. 1 17 3. An animal feeding operation, as defined in section 1 18 455B.161, other than an animal feeding operation which is part 1 19 of a family farm. The county board of supervisors shall 1 20 determine if an agricultural operation qualifies as a family 1 21 farm. In making this determination the board shall review 1 22 facts relating to the agricultural operation and the person 1 23 owning or leasing the land where the agricultural operation is 1 24 located, including the extent to which the person: 1 25 a. Has held an interest in the land. 1 26 b. Is actively engaged in farming the land. 1 27 c. Produces different species of livestock on the land. 1 28 d. Produces crops on the land. If crops are produced on 1 29 the land, the board shall consider the extent to which the 1 30 crops are used to feed livestock produced on the land. 1 31 e. Owns and operates machinery for the following: 1 32 (1) The planting and harvesting of grain on the land. 1 33 (2) The application of manure on the land. 1 34 f. Owns and uses facilities for the storage of grain 1 35 produced on the land. 2 1 Sec. 2. Section 455B.162, subsection 1, paragraph b, 2 2 unnumbered paragraph 1, Code Supplement 1995, is amended to 2 3 read as follows: 2 4 The following table represents the minimum separation 2 5 distance in feet required between animal feeding operation 2 6 structures and a public use area ora residence not owned by2 7the owner of the animal feeding operation, a commercial2 8enterprise, a bona fide religious institution, or an2 9educational institution located withinthe corporate limits of 2 10 a city: 2 11 Sec. 3. Section 657.1, Code Supplement 1995, is amended to 2 12 read as follows: 2 13 657.1 NUISANCE &endash; WHAT CONSTITUTES &endash; ACTION TO ABATE. 2 14 Whatever is injurious to health, indecent, orunreasonably2 15 offensive to the senses, or an obstruction to the free use of 2 16 property, so as essentially tounreasonablyinterfere with the 2 17 comfortable enjoyment of life or property, is a nuisance, and 2 18 a civil action by ordinary proceedings may be brought to 2 19 enjoin and abate the same and to recover damages sustained on 2 20 account thereof. 2 21 Sec. 4. Section 657.2, subsection 1, Code Supplement 1995, 2 22 is amended to read as follows: 2 23 1. The erecting, continuing, or using any building or 2 24 other place for the exercise of any trade, employment, or 2 25 manufacture, which, by occasioning noxious exhalations, 2 26unreasonablyoffensive smells, or other annoyances, becomes 2 27 injurious and dangerous to the health, comfort, or property of 2 28 individuals or the public. 2 29 Sec. 5. DEPARTMENT OF NATURAL RESOURCES. There is 2 30 appropriated from the general fund of the state to the 2 31 department of natural resources for the fiscal year beginning 2 32 July 1, 1996, and ending June 30, 1997, the following amount, 2 33 or so much thereof as is necessary, to be used for the 2 34 purposes designated: 2 35 For the regulation of animal feeding operations and the 3 1 enforcement of statutes and rules applicable to animal feeding 3 2 operations, as provided in chapter 455B, including salaries, 3 3 support, maintenance, miscellaneous purposes, and for not more 3 4 than the following full-time equivalent positions: 3 5 .................................................. $ 382,000 3 6 ............................................... FTEs 7 3 7 Sec. 6. APPLICABILITY. Except as provided in section 3 8 455B.163, as enacted by 1995 Iowa Acts, chapter 195, section 3 9 17, with regard to the continued operation of animal feeding 3 10 operations constructed prior to May 31, 1995, or the expansion 3 11 of structures constructed prior to May 31, 1995, the 3 12 provisions of section 455B.162, subsection 1, paragraph "b", 3 13 unnumbered paragraph 1, Code Supplement 1995, as enacted by 3 14 1995 Iowa Acts, chapter 195, section 16, shall continue to 3 15 apply to animal feeding operation structures constructed on or 3 16 after May 31, 1995, but prior to the effective date of this 3 17 Act, and to the expansion of such structures constructed on or 3 18 after May 31, 1995, but prior to the effective date of this 3 19 Act. 3 20 Sec. 7. REPEAL OF NUISANCE SUIT RESTRICTION. Section 3 21 657.11, Code Supplement 1995, is repealed. 3 22 EXPLANATION 3 23 This bill relates to animal feeding operations, including 3 24 by amending provisions enacted last year in 1995 Iowa Acts, 3 25 chapter 195 (House File 519). 3 26 The bill amends chapter 335, which provides for county 3 27 zoning. Section 335.2 currently provides that county zoning 3 28 does not apply to land used for an agricultural purpose. The 3 29 bill amends section 335.2 to provide that the exemption does 3 30 not apply to an animal feeding operation or an animal feeding 3 31 operation structure, unless the animal feeding operation is 3 32 located on a family farm. An animal feeding operation 3 33 structure is an anaerobic lagoon, a formed manure storage 3 34 structure, egg washwater storage structure, earthen manure 3 35 storage basin, or confinement building. The bill provides 4 1 that the county board of supervisors must determine whether an 4 2 operation qualifies as a family farm. The bill provides that 4 3 the board must consider factors relating to the agricultural 4 4 operation and the person owning or leasing the land where the 4 5 agricultural operation is located, including the extent to 4 6 which the person holding an interest in the land has held the 4 7 interest, is actively engaged in farming the land, produces 4 8 different species of livestock, produces crops on the land, 4 9 feeds livestock from those crops, owns and operates farm 4 10 machinery, and owns and uses grain storage facilities. 4 11 The bill amends section 455B.162, which provides separation 4 12 distances between animal feeding operations and residences, 4 13 businesses, churches, and schools located within the corporate 4 14 limits of a city. The bill provides that the separation 4 15 distances apply between an animal feeding operation and the 4 16 corporate limits of a city. The new separation distance 4 17 requirement does not apply to an animal feeding operation 4 18 structure constructed or expanded prior to the effective date 4 19 of this bill. 4 20 Chapter 657 provides for nuisances. House File 519 4 21 provides that a nuisance must be unreasonably offensive and 4 22 creates a rebuttable presumption that an animal feeding 4 23 operation is not a public or private nuisance, if the animal 4 24 feeding operation is not in violation of law and has obtained 4 25 all required permits. This bill eliminates those provisions. 4 26 The bill appropriates moneys from the general fund and 4 27 allocates full-time equivalent positions to the department of 4 28 natural resources for the 1996-1997 fiscal year for the 4 29 regulation of animal feeding operations and the enforcement of 4 30 statutes and rules applicable to animal feeding operations. 4 31 LSB 3978YH 76 4 32 da/sc/14.1
Text: HF02144 Text: HF02146 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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