Text: SF02135 Text: SF02137 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 335.2, Code 1995, is amended to read as 1 2 follows: 1 3 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 1 4 1. As used in this section: 1 5 a. "Agricultural purpose" means any use connected or 1 6 related to farming as defined in section 9H.1. 1 7 b. "Animal feeding operation" and "animal feeding 1 8 operation structure" mean the same as defined in section 1 9 455B.161. 1 10 c. "Manure storage structure" means a structure used to 1 11 store manure produced by an animal feeding operation and 1 12 includes an anaerobic lagoon, earthen manure storage basin, or 1 13 formed manure storage structure, as defined in section 1 14 455B.161. 1 15 2. Exceptto the extent required to implementas provided 1 16 in this section,335.27, noan ordinance adopted under this 1 17 chapterappliesshall not apply to land,farmincluding 1 18 houses,farmbarns,farmoutbuildings,orand other buildings 1 19 or structures, whichareis primarily adapted, by reason of 1 20 nature and area, foruse foran agriculturalpurposespurpose, 1 21 while so used.However, the ordinances may apply to any1 22 3. Subsection 2 shall not prohibit an ordinance adopted 1 23 pursuant to this chapter if the ordinance applies to either of 1 24 the following: 1 25 a. A structure, building, dam, obstruction, deposit or 1 26 excavation in or on the flood plains of any river or stream. 1 27 b. The implementation of an agricultural preservation 1 28 ordinance, as provided in section 335.27. 1 29 4. a. Subsection 2 shall not prohibit an ordinance 1 30 adopted pursuant to this subsection which applies to animal 1 31 feeding operations, including animal feeding operation 1 32 structures, constructed or expanded after the effective date 1 33 of this Act. 1 34 b. The county board of supervisors shall not adopt the 1 35 ordinance until the board conducts a county-wide nitrogen use 2 1 analysis as provided for in this subsection. The methodology 2 2 employed in performing the analysis must be approved by the 2 3 department of natural resources according to procedures 2 4 adopted by the department after consultation with the animal 2 5 agriculture consulting organization as provided in 1995 Iowa 2 6 Acts, chapter 195, section 37. 2 7 c. The analysis must find that the total nitrogen content 2 8 of manure that is expected to be applied to land in the county 2 9 and originating from manure storage structures located in the 2 10 county, during the course of the next twelve-month period, 2 11 exceeds the expected total nitrogen use necessary to obtain 2 12 optimum crop yields on land used for producing crops in the 2 13 county. Deductions shall be made for nitrogen credits from 2 14 legume production and expected commercial nitrogen fertilizer 2 15 applications. The resulting value shall then be corrected for 2 16 expected nitrogen loss. Information to complete the required 2 17 calculations must account for the soil types used to produce 2 18 crops, the number of acres used to produce crops, and the 2 19 types of crops produced in the county. 2 20 d. The calculations used by the county board of 2 21 supervisors in its analysis shall be based upon rules adopted 2 22 by the department of natural resources in cooperation with 2 23 Iowa state university and the department of agriculture and 2 24 land stewardship. The rules shall provide that the 2 25 calculations may be based on conclusions by sources determined 2 26 credible by the department of natural resources, including, 2 27 but not limited to, Iowa state university, the United States 2 28 department of agriculture, a registered professional engineer, 2 29 or an individual certified as a crop consultant by the 2 30 American registry of certified professionals in agronomy, 2 31 crops, and soils, certified crop consultants, or the registry 2 32 of environmental and agricultural professionals. Upon 2 33 request, the department of natural resources shall provide to 2 34 a county information regarding the nitrogen content of manure 2 35 to be applied on land in the county according to manure 3 1 management plans filed with the department pursuant to section 3 2 455B.203. 3 3 e. At any time after twelve months following the adoption 3 4 of an ordinance under this subsection, a petition protesting 3 5 the findings of the analysis may be submitted to the county 3 6 board of supervisors. The petition must be signed by at least 3 7 ten percent of all owners of animal feeding operations in the 3 8 county, each of whom resides in the county and has received at 3 9 least ten thousand dollars for animals sold in the previous 3 10 twelve-month period. The ordinance shall be nullified unless 3 11 within six months following receipt of the petition by the 3 12 county board of supervisors, the board conducts a subsequent 3 13 analysis as provided in this subsection which confirms the 3 14 findings of the previous analysis, and the board adopts the 3 15 subsequent analysis by resolution. 3 16 EXPLANATION 3 17 This bill amends chapter 335, which provides for county 3 18 zoning. Section 335.2 currently provides that county zoning 3 19 does not apply to land used for agricultural purposes. This 3 20 bill provides that a county may adopt such an ordinance 3 21 applicable to animal feeding operation structures constructed 3 22 or expanded after the effective date of the bill. However, 3 23 the bill requires the county board of supervisors to conduct a 3 24 county-wide nitrogen use analysis. The methodology employed 3 25 in performing the analysis must be approved by the department 3 26 of natural resources. The analysis must find that the total 3 27 nitrogen content of manure expected to be applied to land in 3 28 the county and originating from manure storage structures 3 29 located in the county exceeds the expected total nitrogen use 3 30 necessary to obtain optimum crop yields on land used for 3 31 producing crops in the county. The bill provides for 3 32 deducting certain nitrogen credits and expected nitrogen loss. 3 33 The calculations must be based upon rules adopted by the 3 34 department of natural resources. The calculations may be 3 35 based on conclusions by sources determined credible by the 4 1 department. Upon request, the department is required to 4 2 provide to a county information regarding the nitrogen content 4 3 of manure to be applied on land in the county according to 4 4 manure management plans filed with the department. The bill 4 5 provides for the filing of a petition protesting the findings 4 6 of the analysis. The petition must be signed by at least 10 4 7 percent of all owners of animal feeding operations in the 4 8 county. The bill provides that the ordinance is nullified 4 9 unless within six months following receipt of the petition by 4 10 the county board of supervisors, the board conducts a 4 11 subsequent analysis which confirms the findings of the 4 12 previous analysis, and the board adopts the subsequent 4 13 analysis by resolution. 4 14 LSB 3767XS 76 4 15 da/jj/8.1
Text: SF02135 Text: SF02137 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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