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Senate Amendment 5006

Amendment Text

PAG LIN
  1  1    Amend Senate File 2034 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 335.2, Code 1995, is amended
  1  5 to read as follows:
  1  6    335.2  FARMS AGRICULTURAL USES EXEMPT.
  1  7    1.  As used in this section:
  1  8    a.  "Agricultural purpose" means any use connected
  1  9 or related to farming.
  1 10    b.  "Animal feeding operation structure" means the
  1 11 same as defined in section 455B.161.
  1 12    c.  "Confinement feeding operation" means a
  1 13 confinement feeding operation as defined in section
  1 14 455B.161.
  1 15    d.  "Farming" means the same as defined in section
  1 16 9H.1.
  1 17    e.  "Farming operation" means land where the owner
  1 18 of land is engaged in farming.
  1 19    f.  "Manure management plan" means the same as
  1 20 provided in section 455B.203.
  1 21    g.  "Small animal feeding operation" means the same
  1 22 as defined in section 455B.161.
  1 23    2.  Except to the extent required to implement
  1 24 section 335.27, no as provided in this section, an
  1 25 ordinance adopted under this chapter applies shall not
  1 26 apply to land, farm including houses, farm barns, farm
  1 27 outbuildings or other buildings or structures located
  1 28 on the land, which are is primarily adapted, by reason
  1 29 of nature and area, for use for an agricultural
  1 30 purposes purpose, while so used.  However, the
  1 31 ordinances may apply to any
  1 32    3.  Subsection 2 shall not prohibit the adoption of
  1 33 an ordinance adopted under this chapter which applies
  1 34 to a confinement feeding operation which produces
  1 35 swine, including an animal feeding operation structure
  1 36 which is part of the confinement feeding operation, as
  1 37 provided by the board of supervisors.  However, this
  1 38 subsection shall not apply to a small animal feeding
  1 39 operation.  An ordinance adopted under this chapter
  1 40 shall not apply to a confinement feeding operation, if
  1 41 the board of supervisors determines that all of the
  1 42 following apply:
  1 43    a.  The confinement feeding operation is located on
  1 44 land which is part of a farming operation owned by the
  1 45 owner of the confinement feeding operation.
  1 46    b.  The farming operation where the confinement
  1 47 feeding operation is located produces an amount of
  1 48 grain at least equal to twenty percent of the grain
  1 49 required to finish all swine produced by the
  1 50 confinement feeding operation during any year.  The
  2  1 calculation regarding the amount of grain produced by
  2  2 the farming operation shall be based upon the average
  2  3 county yield for the county in which the farming
  2  4 operation is located for last the five years as
  2  5 compiled by the United States department of
  2  6 agriculture statistical reporting service.  The owner
  2  7 of the farming operation must provide the county board
  2  8 of supervisors with any available information
  2  9 regarding land where grain is produced to feed the
  2 10 swine.
  2 11    c.  The land where the grain is produced to feed
  2 12 the swine is not land which is the subject of a manure
  2 13 management plan other than the manure management plan
  2 14 submitted for the application of manure originating
  2 15 from the proposed confinement feeding operation.
  2 16    d.  Each year, as required by the county board of
  2 17 supervisors, the owner of the confinement feeding
  2 18 operation certifies to the board that the confinement
  2 19 feeding operation complies with the requirements of
  2 20 this subsection.  If the farming operation cannot
  2 21 produce enough grain to satisfy the requirement of
  2 22 this subsection, the owner shall have thirty days to
  2 23 comply with the requirement.  The owner may comply
  2 24 with the requirement by reducing the number of swine
  2 25 confined in the confinement feeding operation.
  2 26    If an owner of a confinement feeding operation
  2 27 fails to provide information required by the board to
  2 28 determine compliance with this subsection, the owner
  2 29 shall be subject to a civil penalty imposed by the
  2 30 district court of not more than twenty-five thousand
  2 31 dollars.  The amount shall be placed upon the tax
  2 32 books, and collected during the next tax year as part
  2 33 of other property taxes due and owing.
  2 34    4.  This section shall not apply to either of the
  2 35 following:
  2 36    a.  An ordinance required to implement an
  2 37 agricultural preservation ordinance, as provided in
  2 38 section 335.27.
  2 39    b.  A structure, building, dam, obstruction,
  2 40 deposit or excavation in or on the flood plains of any
  2 41 a river or stream." 
  2 42 
  2 43 
  2 44                              
  2 45 BERL E. PRIEBE
  2 46 SF 2034.307 76
  2 47 da/cf
     

Text: S05005                            Text: S05007
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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