Text: S05206 Text: S05208 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend Senate File 2037 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 6 335.2FARMSAGRICULTURAL USES EXEMPT. 1 7 1. As used in this section: 1 8 a. "Animal feeding operation" means a lot, yard, 1 9 corral, building, or other area in which animals are 1 10 confined and fed and maintained for forty-five days or 1 11 more in any twelve-month period, and all structures 1 12 used for the storage of manure from animals in the 1 13 operation. Two or more animal feeding operations 1 14 under common ownership or management are deemed to be 1 15 a single animal feeding operation if they are adjacent 1 16 or utilize a common system for manure storage. An 1 17 animal feeding operation does not include a livestock 1 18 market. 1 19 b. "Agricultural purpose" means any use connected 1 20 or related to farming. 1 21 c. "Confinement feeding operation" means an animal 1 22 feeding operation in which animals are confined to 1 23 areas which are totally roofed. 1 24 d. "Farming" means the same as defined in section 1 25 9H.1. 1 26 2. Exceptto the extent required to implement1 27section 335.27, noas provided in this section, an 1 28 ordinance adopted under this chapterappliesshall not 1 29 apply to land,farmincluding houses,farmbarns,farm1 30 outbuildings or other buildings or structures located 1 31 on the land, whichareis primarily adapted, by reason 1 32 of nature and area, foruse foran agricultural 1 33purposespurpose, while so used.However, the1 34ordinances may apply to any1 35 3. If the owner of the farming operation is 1 36 engaged in a confinement feeding operation, the 1 37 farming operation must include a sufficient number of 1 38 acres to be capable of feeding at least twenty percent 1 39 of all animals confined in the confinement feeding 1 40 operation at any time, as determined by the county 1 41 board of supervisors in the county where the farming 1 42 operation is located. The feed must originate on land 1 43 located not more than fifty miles from the site of the 1 44 confinement feeding operation. In determining whether 1 45 the farming operation is capable of feeding the 1 46 animals, the county board of supervisors may provide 1 47 that the confinement feeding operation is not required 1 48 to satisfy the requirement of this subsection, if the 1 49 confinement feeding operation meets any one of the 1 50 following criteria: 2 1 a. Has an animal weight capacity of two hundred 2 2 thousand pounds or less for animals other than bovine, 2 3 or four hundred thousand pounds or less for bovine. 2 4 The animal weight capacity shall be the product of 2 5 multiplying the maximum number of animals confined in 2 6 the confinement feeding operation at any one time by 2 7 the average weight during a production cycle. 2 8 b. Is operated for experimental purposes by Iowa 2 9 state university's cooperative extension service in 2 10 agriculture and home economics, or by a 4-H or future 2 11 farmers of America organization. 2 12 c. Is owned and operated by a person who is 2 13 related as spouse, parent, grandparent, lineal 2 14 ascendant of a grandparent or spouse, or lineal 2 15 descendant of a grandparent or spouse to a person 2 16 engaged in farming who owns enough acres of land to 2 17 satisfy the requirement of this subsection. 2 18 4. This section shall not apply to either of the 2 19 following: 2 20 a. An ordinance required to implement an 2 21 agricultural preservation ordinance, as provided in 2 22 section 335.27. 2 23 b. A structure, building, dam, obstruction, 2 24 deposit or excavation in or on the flood plains ofany2 25 a river or stream." 2 26 2 27 2 28 2 29 JIM LIND 2 30 SF 2037.3 2 31 da/cc/26
Text: S05206 Text: S05208 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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