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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. "Farm animal feeding operation" means an animal feeding 1 17 operation other than an industrial feeding operation. 1 18 d. "Farming" means the same as defined in section 9H.1. 1 19 e. "Industrial feeding operation structure" means an 1 20 animal feeding operation structure as defined in section 1 21 455B.161 which is part of an industrial feeding operation. 1 22 f. "Partially zoned county" means an unzoned county in 1 23 which is established an agricultural area pursuant to section 1 24 352.6 or an area subject to zoning pursuant to this chapter, 1 25 if the county has not adopted countywide zoning pursuant to 1 26 chapter 335. 1 27 g. "Production inputs" means feed, supplies, and 1 28 veterinary medicine used to feed or breed livestock, but does 1 29 not include labor, construction materials, equipment, or 1 30 tools. 1 31 h. "Unzoned county" means a county which has not adopted 1 32 zoning pursuant to this chapter, if no part of the county is 1 33 subject to partial zoning. 1 34 i. "Zoned county" means a county which has adopted zoning 1 35 on a countywide basis as provided in this chapter. 2 1 2. As used in this section, "industrial feeding operation" 2 2 means an animal feeding operation, if the operation contains 2 3 six hundred twenty-five thousand or more pounds animal weight 2 4 capacity for all animal species other than beef cattle, or one 2 5 million six hundred thousand or more pounds animal weight 2 6 capacity for beef cattle, or fails to meet one of the 2 7 following criteria: 2 8 a. The owner of the agricultural land where an animal 2 9 feeding operation is located is qualified to file for a 2 10 homestead tax credit as provided pursuant to section 425.2 or 2 11 a family farm tax credit as provided in section 425A.4 in the 2 12 county where the agricultural land is located. However, if 2 13 the owner of the agricultural land is a business entity all of 2 14 the following apply: 2 15 (1) One of the following persons must be eligible to file: 2 16 (a) If the person is filing for a homestead tax credit, 2 17 one of the following persons must be eligible to file: 2 18 (i) If the owner is a corporation, the majority 2 19 shareholder of the corporation. 2 20 (ii) If the owner is a partnership, any partner. 2 21 (iii) If the owner is a limited liability company, the 2 22 person holding the greatest membership interest in the limited 2 23 liability company. 2 24 (iv) If the owner is a limited partnership, the person 2 25 contributing the most value to the limited partnership. 2 26 (v) If the owner is a trust, the beneficiary having the 2 27 greatest interest in the trust. 2 28 (b) If the person is filing for a family farm tax credit 2 29 one of the following persons must be eligible to file: 2 30 (i) If the owner is a corporation, the majority 2 31 shareholder of the corporation. 2 32 (ii) If the owner is a partnership, any partner. 2 33 b. At least forty percent of the interest in the business 2 34 entity must be held by persons related to each other as 2 35 spouse, parent, grandparent, lineal ascendants of grandparents 3 1 or their spouses, or lineal descendants of the grandparents or 3 2 their spouses, or persons acting in a fiduciary capacity to 3 3 persons so related. 3 4 c. More than fifty percent of the production inputs used 3 5 to maintain livestock on the agricultural land are purchased 3 6 within sixty miles from the borders of the agricultural land 3 7 where the livestock operation is located. 3 8 d. The operation cannot have benefited from any of the 3 9 following: 3 10 (1) The job training partnership program and other 3 11 programs administered under section 15.108. 3 12 (2) The community economic betterment program created in 3 13 sections 15.315 through 15.320. 3 14 (3) The self-employment loan program created in section 3 15 15.241. 3 16 (4) The targeted small business financial assistance 3 17 program created in section 15.247. 3 18 (5) An agreement for a supplemental new jobs tax credit as 3 19 provided in section 15.331. 3 20 (6) The industrial new jobs training program as provided 3 21 in chapter 260E. 3 22 (7) The small business new jobs training program as 3 23 provided in chapter 260F. 3 24 (8) An economic development area established pursuant to 3 25 chapter 403. 3 26 For purposes of reimbursing a county that has acquired real 3 27 estate containing an industrial feeding operation structure 3 28 following nonpayment of taxes pursuant to section 446.19, all 3 29 shareholders of any corporation, partners of a partnership, 3 30 members of a limited liability company, limited partners of 3 31 any limited partnership, or beneficiaries of any trust shall 3 32 be liable for the entire costs of remediating the site, as if 3 33 they owned the industrial feeding operation personally, 3 34 regardless of the amount of interest that is held in the 3 35 entity. 4 1 3.Except to the extent required to implement section4 2335.27, noAn ordinance adopted under this chapterapplies4 3 shall apply to land,farmincluding houses,farmbarns,farm4 4 outbuildings or other buildings or structures located on the 4 5 land, whichareis primarily adapted, by reason of nature and 4 6 area,for usefor an agriculturalpurposespurpose, while so 4 7 used, only as provided in this section.However, the4 8ordinances may apply to anyThe ordinance shall not apply to 4 9 the land, unless an industrial feeding operation is located on 4 10 the land. If an industrial feeding operation is located on 4 11 the land, the ordinance shall only apply to the site of the 4 12 industrial feeding operation as provided in this section and 4 13 not land where other farming operations occur. The following 4 14 shall apply to the site of a farm animal feeding operation 4 15 constructed on or after the effective date of this Act, 4 16 regardless of whether the county has adopted an ordinance 4 17 under this chapter: 4 18 a. A farm animal feeding operation may be located anywhere 4 19 in a county other than within the corporate limits of a city. 4 20 A farm animal feeding operation may be located in an unzoned, 4 21 partially zoned, or zoned county. An ordinance adopted under 4 22 this chapter shall not apply to the farm animal feeding 4 23 operation. 4 24 b. An industrial feeding operation shall not be located 4 25 within the corporate limits of a city. An industrial feeding 4 26 operation shall not be located in an unzoned county, the 4 27 unzoned portion of a partially zoned county, or an 4 28 agricultural area within a partially zoned county. 4 29 4. This section shall not apply to either of the 4 30 following: 4 31 a. An ordinance required to implement an agricultural 4 32 preservation ordinance, as provided in section 335.27. 4 33 b. A structure, building, dam, obstruction, deposit or 4 34 excavation in or on the flood plains ofanya river or stream. 4 35 EXPLANATION 5 1 This bill amends chapter 335, which provides for county 5 2 zoning. Section 335.2 currently provides that county zoning 5 3 does not apply to land used for agricultural purposes. The 5 4 bill amends section 335.2 to provide that an "agricultural 5 5 purpose" means any use connected or related to farming as 5 6 defined in Iowa's corporate farming law in chapter 9H. 5 7 This bill amends the section to provide that a county 5 8 zoning ordinance may apply to an industrial feeding operation. 5 9 An industrial feeding operation is an animal feeding 5 10 operation, if the operation contains 625,000 or more pounds of 5 11 animal weight capacity for animals other than bovine, and 5 12 1,600,000 pounds or more for bovine, or fails to meet criteria 5 13 set forth in the bill. The criteria includes requiring that 5 14 the owner of agricultural land where an animal feeding 5 15 operation is located to be eligible to file for homestead tax 5 16 credit or a family farm tax credit. The bill provides that if 5 17 the owner is a business entity the entity must satisfy 5 18 additional requirements. The person eligible for filing for 5 19 the tax credit must have a majority or partnership interest in 5 20 the business entity, at least 40 percent of the interest in 5 21 the business entity must be held by persons related to each 5 22 other, more than 50 percent of the production inputs used to 5 23 maintain livestock on the agricultural land must be purchased 5 24 within 60 miles from the borders of the agricultural land 5 25 where the livestock operation is located, and the operation 5 26 cannot have benefited from governmental assistance programs 5 27 primarily designed for nonfarming operations. The bill also 5 28 provides that for purposes of reimbursing a county that has 5 29 acquired real estate containing an industrial feeding 5 30 operation for nonpayment of taxes, all interest holders in the 5 31 entity are liable for the entire costs of remediating the 5 32 site. The bill provides that an industrial feeding operation 5 33 shall not be located within the corporate limits of a city. 5 34 An industrial feeding operation also shall not be located in 5 35 an unzoned county, the unzoned portion of a partially zoned 6 1 county, or an agricultural area within a partially zoned 6 2 county. 6 3 LSB 3626XS 76 6 4 da/jj/8.1
Text: SF02245 Text: SF02247 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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