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PAG LIN 1 1 Section 1. NEW SECTION. 331.309 CONFINEMENT FEEDING 1 2 OPERATIONS – SITING ORDINANCE. 1 3 1. As used in this section: 1 4 a. "Animal feeding operation structure" means the same as 1 5 defined in section 455B.161. 1 6 b. "Animal weight capacity" means the same as defined in 1 7 section 455B.161. 1 8 c. "Confinement feeding operation" means the same as 1 9 defined in section 455B.161. 1 10 2. a. Notwithstanding section 335.2, a county may adopt a 1 11 confinement feeding operations siting ordinance, pursuant to 1 12 section 331.302. The purpose of the ordinance shall be to 1 13 approve the siting of a confinement feeding operation 1 14 regardless of whether the county has adopted an ordinance 1 15 under chapter 335 or regardless of the classification of the 1 16 confinement feeding operation. The ordinance shall provide 1 17 authority to a county to approve the site of the construction 1 18 or expansion of a confinement feeding operation, including 1 19 confinement feeding operation buildings and related animal 1 20 feeding operation structures in order to preserve and protect 1 21 natural resources, including water sources and fragile 1 22 environmental locations; lessen congestion and overcrowding of 1 23 confinement feeding operations, especially near cities; and to 1 24 protect the health and welfare of the public. 1 25 b. The ordinance shall provide for a method and procedure 1 26 required to approve the site. In administering the ordinance, 1 27 the county shall establish a confinement feeding operations 1 28 siting commission which shall review each proposal for the 1 29 construction or expansion of a confinement feeding operation, 1 30 and recommend to the county board of supervisors that the 1 31 board approve or disapprove the proposal. The board shall 1 32 appoint five members of the commission. Four members shall 1 33 not reside in a city, and one member shall reside in a city. 1 34 At least three members shall be or have been actively engaged 1 35 in animal agriculture. The commission shall make its 2 1 recommendation to the board within forty-five days from the 2 2 date that the board receives a complete proposal. The board 2 3 shall approve or disapprove a proposal within forty-five days 2 4 from the date that the board receives the commission's 2 5 recommendation. 2 6 c. A confinement feeding operations siting ordinance shall 2 7 not apply to a confinement feeding operation, if either of the 2 8 following apply: 2 9 (1) Only bovine or poultry are confined in the confinement 2 10 feeding operation. 2 11 (2) The confinement feeding operation has an animal weight 2 12 capacity of less than three hundred thousand pounds. 2 13 Sec. 2. Section 335.2, Code 1995, is amended to read as 2 14 follows: 2 15 335.2FARMSAGRICULTURAL USES EXEMPT. 2 16 1. As used in this section: 2 17 a. "Animal feeding operation" means a lot, yard, corral, 2 18 building, or other area in which animals are confined and fed 2 19 and maintained for forty-five days or more in any twelve-month 2 20 period, and all structures used for the storage of manure from 2 21 animals in the operation. Two or more animal feeding 2 22 operations under common ownership or management are deemed to 2 23 be a single animal feeding operation if they are adjacent or 2 24 utilize a common system for manure storage. An animal feeding 2 25 operation does not include a livestock market. 2 26 b. "Agricultural purpose" means any use connected or 2 27 related to farming. 2 28 c. "Farm animal feeding operation" means an animal feeding 2 29 operation other than an industrial feeding operation. 2 30 d. "Farming" means the same as defined in section 9H.1. 2 31 e. "Industrial feeding operation structure" means an 2 32 animal feeding operation structure as defined in section 2 33 455B.161 which is part of an industrial feeding operation. 2 34 f. "Partially zoned county" means an unzoned county in 2 35 which is established an agricultural area pursuant to section 3 1 352.6 or an area subject to zoning pursuant to this chapter, 3 2 if the county has not adopted countywide zoning pursuant to 3 3 chapter 335. 3 4 g. "Production inputs" means feed, supplies, and 3 5 veterinary medicine used to feed or breed livestock, but does 3 6 not include labor, construction materials, equipment, or 3 7 tools. 3 8 h. "Unzoned county" means a county which has not adopted 3 9 zoning pursuant to this chapter, if no part of the county is 3 10 subject to partial zoning. 3 11 i. "Zoned county" means a county which has adopted zoning 3 12 on a countywide basis as provided in this chapter. 3 13 2. As used in this section, "industrial feeding operation" 3 14 means an animal feeding operation, if the operation contains 3 15 six hundred twenty-five thousand or more pounds animal weight 3 16 capacity for all animal species other than beef cattle, or one 3 17 million six hundred thousand or more pounds animal weight 3 18 capacity for beef cattle, or fails to meet one of the 3 19 following criteria: 3 20 a. The owner of the agricultural land where an animal 3 21 feeding operation is located is qualified to file for a 3 22 homestead tax credit as provided pursuant to section 425.2 or 3 23 a family farm tax credit as provided in section 425A.4 in the 3 24 county where the agricultural land is located. However, if 3 25 the owner of the agricultural land is a business entity all of 3 26 the following apply: 3 27 (1) One of the following persons must be eligible to file: 3 28 (a) If the person is filing for a homestead tax credit, 3 29 one of the following persons must be eligible to file: 3 30 (i) If the owner is a corporation, the majority 3 31 shareholder of the corporation. 3 32 (ii) If the owner is a partnership, any partner. 3 33 (iii) If the owner is a limited liability company, the 3 34 person holding the greatest membership interest in the limited 3 35 liability company. 4 1 (iv) If the owner is a limited partnership, the person 4 2 contributing the most value to the limited partnership. 4 3 (v) If the owner is a trust, the beneficiary having the 4 4 greatest interest in the trust. 4 5 (b) If the person is filing for a family farm tax credit 4 6 one of the following persons must be eligible to file: 4 7 (i) If the owner is a corporation, the majority 4 8 shareholder of the corporation. 4 9 (ii) If the owner is a partnership, any partner. 4 10 b. At least forty percent of the interest in the business 4 11 entity must be held by persons related to each other as 4 12 spouse, parent, grandparent, lineal ascendants of grandparents 4 13 or their spouses, or lineal descendants of the grandparents or 4 14 their spouses, or persons acting in a fiduciary capacity to 4 15 persons so related. 4 16 c. More than fifty percent of the production inputs used 4 17 to maintain livestock on the agricultural land are purchased 4 18 within sixty miles from the borders of the agricultural land 4 19 where the livestock operation is located. 4 20 d. The operation cannot have benefited from any of the 4 21 following: 4 22 (1) The job training partnership program and other 4 23 programs administered under section 15.108. 4 24 (2) The community economic betterment program created in 4 25 sections 15.315 through 15.320. 4 26 (3) The self-employment loan program created in section 4 27 15.241. 4 28 (4) The targeted small business financial assistance 4 29 program created in section 15.247. 4 30 (5) An agreement for a supplemental new jobs tax credit as 4 31 provided in section 15.331. 4 32 (6) The industrial new jobs training program as provided 4 33 in chapter 260E. 4 34 (7) The small business new jobs training program as 4 35 provided in chapter 260F. 5 1 (8) An economic development area established pursuant to 5 2 chapter 403. 5 3 For purposes of reimbursing a county that has acquired real 5 4 estate containing an industrial feeding operation structure 5 5 following nonpayment of taxes pursuant to section 446.19, all 5 6 shareholders of any corporation, partners of a partnership, 5 7 members of a limited liability company, limited partners of 5 8 any limited partnership, or beneficiaries of any trust shall 5 9 be liable for the entire costs of remediating the site, as if 5 10 they owned the industrial feeding operation personally, 5 11 regardless of the amount of interest that is held in the 5 12 entity. 5 13 3.Except to the extent required to implement section5 14335.27, noAn ordinance adopted under this chapterapplies5 15 shall apply to land,farmincluding houses,farmbarns,farm5 16 outbuildings or other buildings or structures located on the 5 17 land, whichareis primarily adapted, by reason of nature and 5 18 area,for usefor an agriculturalpurposespurpose, while so 5 19 used, only as provided in this section.However, the5 20ordinances may apply to anyThe ordinance shall not apply to 5 21 the land, unless an industrial feeding operation is located on 5 22 the land. If an industrial feeding operation is located on 5 23 the land, the ordinance shall only apply to the site of the 5 24 industrial feeding operation as provided in this section and 5 25 not land where other farming operations occur. The following 5 26 shall apply to the site of a farm animal feeding operation 5 27 constructed on or after the effective date of this Act, 5 28 regardless of whether the county has adopted an ordinance 5 29 under this chapter: 5 30 a. A farm animal feeding operation may be located anywhere 5 31 in a county other than within the corporate limits of a city. 5 32 A farm animal feeding operation may be located in an unzoned, 5 33 partially zoned, or zoned county. An ordinance adopted under 5 34 this chapter shall not apply to the farm animal feeding 5 35 operation. 6 1 b. An industrial feeding operation shall not be located 6 2 within the corporate limits of a city. An industrial feeding 6 3 operation shall not be located in an unzoned county, the 6 4 unzoned portion of a partially zoned county, or an 6 5 agricultural area within a partially zoned county. 6 6 4. This section shall not apply to either of the 6 7 following: 6 8 a. An ordinance required to implement an agricultural land 6 9 preservation ordinance, as provided in section 335.27. 6 10 b. A structure, building, dam, obstruction, deposit or 6 11 excavation in or on the flood plains ofanya river or stream. 6 12 Sec. 3. Section 455B.173, subsection 13, Code Supplement 6 13 1995, is amended to read as follows: 6 14 13. a. Adopt, modify, or repeal rules relating to the 6 15 construction, including the expansion, of animal feeding 6 16 operations, or the operation of animal feeding operations. 6 17 The rules shall include, but are not limited to, minimum 6 18 manure control requirements, requirements for obtaining 6 19 permits, and departmental evaluations of animal feeding 6 20 operations.The department shall not require that a person6 21obtain a permit for the construction of an animal feeding6 22operation structure, ifA person must obtain a construction 6 23 permit to construct an animal feeding operation structure 6 24 which is part of or connected to a confinement feeding 6 25 operation, unless the structure is part of a small animal 6 26 feeding operation. However, unless otherwise required by 6 27 departmental rule, this paragraph does not require a person to 6 28 obtain a construction permit to construct an animal feeding 6 29 operation structure which is part of or connected to and used 6 30 exclusively by a confinement feeding operation in which only 6 31 bovine or avian animals are confined. 6 32 b. The department shall collect an indemnity fee as 6 33 provided in section 204.3 prior to the issuance of a 6 34 construction permit. The department shall deposit indemnity 6 35 fees in the manure storage indemnity fund created in section 7 1 204.2. 7 2 c. The department shall not approve a permit for the 7 3 construction of three or more animal feeding operation 7 4 structures unless the applicant files a statement approved by 7 5 a professional engineer registered pursuant to chapter 542B 7 6 certifying that the construction of the animal feeding 7 7 operation structure will not impede the drainage through 7 8 established drainage tile lines which cross property boundary 7 9 lines unless measures are taken to reestablish the drainage 7 10 prior to completion of construction.The department shall7 11deposit moneys collected in indemnity fees in the manure7 12storage indemnity fund created in section 204.2.7 13 d. The department shall issue a permit for an animal 7 14 feeding operation, if an application is submitted according to 7 15 procedures required by the department, and the application 7 16 meets standards established by the department, regardless of 7 17 whether the animal feeding operation is required to obtain 7 18 such a permit. An applicant for a construction permit shall 7 19 not begin construction at the location of a site planned for 7 20 the construction of an animal feeding operation structure, 7 21 until the person has been granted a permit for the 7 22 construction of the structure by the department. The 7 23 department shall make a determination regarding the approval 7 24 or denial of a permit within sixty days from the date that the 7 25 department receives a completed application for a permit. 7 26 However, the sixty-day requirement shall not apply to an 7 27 application, if the applicant is not required to obtain a 7 28 permit in order to construct an animal feeding operation 7 29 structure or to operate an animal feeding operation. The 7 30 department shall deliver a copy or require the applicant to 7 31 deliver a copy of the application for a construction permit to 7 32 the county board of supervisors in the county where the 7 33 confinement feeding operation or confinement feeding operation 7 34 structure subject to the permit is to be located. The 7 35 department shall not approve the application or issue a 8 1 construction permit until thirty days following delivery of 8 2 the application to the county board of supervisors. The 8 3 department shall consider comments from the county board of 8 4 supervisors, regarding compliance by the applicant with the 8 5 legal requirements for the construction of the confinement 8 6 feeding operation structure as provided in this chapter, and 8 7 rules adopted by the department pursuant to this chapter, if 8 8 the comments are delivered to the department within fourteen 8 9 days after receipt of the application by the county board of 8 10 supervisors. Prior to granting a permit to a person for the 8 11 construction of an animal feeding operation, the department 8 12 may require the installation and operation of a hydrological 8 13 monitoring system for an exclusively earthen manure storage 8 14 structure, if, after an on-site inspection, the department 8 15 determines that the site presents an extraordinary potential 8 16 for groundwater pollution. 8 17 e. A person shall not obtain a permit for the construction 8 18 of a confinement feeding operation, unless the person develops 8 19 a manure management plan as provided in section 455B.203. 8 20 f. The department shall not issue a permit to a person 8 21 under this subsection if an enforcement action by the 8 22 department, relating to a violation of this chapter concerning 8 23 a confinement feeding operation in which the person has an 8 24 interest, is pending. The department shall not issue a permit 8 25 to a person under this subsection for five years after the 8 26 date of the last violation committed by a person or 8 27 confinement feeding operation in which the person holds a 8 28 controlling interest during which the person or operation was 8 29 classified as a habitual violator under section 455B.191. The 8 30 department shall conduct an annual review of each confinement 8 31 feeding operation which is a habitual violator and each 8 32 confinement feeding operation in which a habitual violator 8 33 holds a controlling interest. The department shall notify 8 34 persons classified as habitual violators of their 8 35 classification, additional restrictions imposed upon the 9 1 persons pursuant to the classification, and special civil 9 2 penalties that may be imposed upon the persons. The notice 9 3 shall be sent to the persons by certified mail. 9 4 SF 2037 9 5 da/cc/26
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