Iowa General Assembly Banner


Text: HF02144                           Text: HF02146
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2145

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 335.2, Code 1995, is amended to read as
  1  2 follows:
  1  3    335.2  FARMS AGRICULTURAL PURPOSES EXEMPT.
  1  4    Except to the extent required to implement section 335.27,
  1  5 no as provided in this section, an ordinance adopted under
  1  6 this chapter applies shall not apply to an agricultural
  1  7 operation, including land, farm houses, farm barns, farm
  1  8 outbuildings, or other buildings or structures, which are
  1  9 primarily adapted, by reason of nature and area, for use for
  1 10 an agricultural purposes purpose, while so used.  However, the
  1 11 ordinances an 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 of any a 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 or a residence not owned by
  2  7 the owner of the animal feeding operation, a commercial
  2  8 enterprise, a bona fide religious institution, or an
  2  9 educational institution located within the 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, or unreasonably
  2 15 offensive to the senses, or an obstruction to the free use of
  2 16 property, so as essentially to unreasonably interfere 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 26 unreasonably offensive 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

Return To Home Iowa General Assembly

index Search: House Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa


Comments? webmaster@legis.iowa.gov.

Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/02100/HF02145/960206.html
jhf