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PAG LIN 1 1 Section 1. Section 335.2, Code 1995, is amended to read as 1 2 follows: 1 3 335.2FARMSAGRICULTURAL USES EXEMPT. 1 4 1. As used in this section: 1 5 a. "Animal feeding operation" means a lot, yard, corral, 1 6 building, or other area in which animals are confined and fed 1 7 and maintained for forty-five days or more in any twelve-month 1 8 period, and all structures used for the storage of manure from 1 9 animals in the operation. Two or more animal feeding 1 10 operations under common ownership or management are deemed to 1 11 be a single animal feeding operation if they are adjacent or 1 12 utilize a common system for manure storage. An animal feeding 1 13 operation does not include a livestock market. 1 14 b. "Agricultural purpose" means any use connected or 1 15 related to farming. 1 16 c. "Confinement feeding operation" means an animal feeding 1 17 operation in which animals are confined to areas which are 1 18 totally roofed. 1 19 d. "Farming" means the same as defined in section 9H.1. 1 20 2. Exceptto the extent required to implement section1 21335.27, noas provided in this section, an ordinance adopted 1 22 under this chapterappliesshall not apply to land,farm1 23 including houses,farmbarns,farmoutbuildings or other 1 24 buildings or structures located on the land, whichareis 1 25 primarily adapted, by reason of nature and area, foruse for1 26 an agriculturalpurposespurpose, while so used.However, the1 27ordinances may apply to any1 28 3. If the owner of the farming operation is engaged in a 1 29 confinement feeding operation, the farming operation must 1 30 include a sufficient number of acres to be capable of feeding 1 31 at least twenty percent of all animals confined in the 1 32 confinement feeding operation at any time, as determined by 1 33 the county board of supervisors in the county where the 1 34 farming operation is located. The feed must originate on land 1 35 located not more than fifty miles from the site of the 2 1 confinement feeding operation. In determining whether the 2 2 farming operation is capable of feeding the animals, the 2 3 county board of supervisors may provide that the confinement 2 4 feeding operation is not required to satisfy the requirement 2 5 of this subsection, if the confinement feeding operation meets 2 6 any one of the following criteria: 2 7 a. Has an animal weight capacity of two hundred thousand 2 8 pounds or less for animals other than bovine, or four hundred 2 9 thousand pounds or less for bovine. The animal weight 2 10 capacity shall be the product of multiplying the maximum 2 11 number of animals confined in the confinement feeding 2 12 operation at any one time by the average weight during a 2 13 production cycle. 2 14 b. Is operated for experimental purposes by Iowa state 2 15 university's cooperative extension service in agriculture and 2 16 home economics, or by a 4-H or future farmers of America 2 17 organization. 2 18 c. Is owned and operated by a person who is related as 2 19 spouse, parent, grandparent, lineal ascendant of a grandparent 2 20 or spouse, or lineal descendant of a grandparent or spouse to 2 21 a person engaged in farming who owns enough acres of land to 2 22 satisfy the requirement of this subsection. 2 23 4. This section shall not apply to either of the 2 24 following: 2 25 a. An ordinance required to implement an agricultural 2 26 preservation ordinance, as provided in section 335.27. 2 27 b. A structure, building, dam, obstruction, deposit or 2 28 excavation in or on the flood plains ofanya river or stream. 2 29 EXPLANATION 2 30 This bill amends chapter 335, which provides for county 2 31 zoning. Section 335.2 currently provides that county zoning 2 32 does not apply to land used for agricultural purposes. The 2 33 bill amends section 335.2 to provide that an "agricultural 2 34 purpose" means any use connected or related to farming as 2 35 defined in Iowa's corporate farming law in chapter 9H. The 3 1 bill provides that if the owner of the farming operation is 3 2 engaged in a confinement feeding operation, the farming 3 3 operation must be located on land which includes a sufficient 3 4 number of acres to be capable of feeding at least 20 percent 3 5 of all animals confined in the confinement feeding operation 3 6 at any time, as determined by the county board of supervisors 3 7 in the county where the farming operation is located. The 3 8 bill provides that the county board of supervisors may provide 3 9 that the confinement feeding operation is not required to 3 10 satisfy this requirement if it has an animal weight capacity 3 11 of 200,000 pounds or less for animals other than bovine, or 3 12 400,000 pounds or less for bovine; is operated by Iowa state 3 13 university's cooperative extension service in agriculture and 3 14 home economics or by a 4-H or future farmers of America 3 15 organization; or is owned and operated by a person who is 3 16 related to a person engaged in farming, and who owns enough 3 17 acres of land to satisfy the requirement of amended section 3 18 335.2. 3 19 LSB 3618SV 76 3 20 da/jj/8
Text: SF02033 Text: SF02035 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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