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Senate Amendment 5207

Amendment Text

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    335.2  FARMS AGRICULTURAL 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.  Except to the extent required to implement
  1 27 section 335.27, no as provided in this section, an
  1 28 ordinance adopted under this chapter applies shall not
  1 29 apply to land, farm including houses, farm barns, farm
  1 30 outbuildings or other buildings or structures located
  1 31 on the land, which are is primarily adapted, by reason
  1 32 of nature and area, for use for an agricultural
  1 33 purposes purpose, while so used.  However, the
  1 34 ordinances may apply to any
  1 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 of any
  2 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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