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House Journal: Page 1116: Thursday, March 28, 1996

Koenigs of Mitchell offered amendment H-5637, to the committee
amendment H-5482, filed by Koenigs, et. al., as follows:

H-5637

 1     Amend the amendment, H-5482, to Senate File 2446,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 15, by inserting before line 20 the
 5   following:
 6     "Sec. ___.  Section 335.2, Code 1995, is amended to
 7   read as follows:
 8     335.2  FARMS AGRICULTURAL PURPOSES EXEMPT.
 9     Except to the extent required to implement section
10   335.27, no as provided in this section, an ordinance
11   adopted under this chapter applies shall not apply
to
12   an agricultural operation, including land, farm
13   houses, farm barns, farm outbuildings, or other
14   buildings or structures, which are primarily adapted,
15   by reason of nature and area, for use for an
16   agricultural purposes purpose, while so used.
17   However, the ordinances an ordinance adopted under
18   this chapter may apply to any of the following:
19     1.  The implementation of an agricultural
20   preservation ordinance, as provided in section 335.27.
21     2.  A structure, building, dam, obstruction,
22   deposit, or excavation in or on the flood plains of
23   any a river or stream.
24     3.  An animal feeding operation, as defined in
25   section 455B.161, other than an animal feeding
26   operation which is part of a family farm.  The county
27   board of supervisors shall determine if an
28   agricultural operation qualifies as a family farm.  In
29   making this determination the board shall review facts
30   relating to the agricultural operation and the person
31   owning or leasing the land where the agricultural
32   operation is located, including the extent to which
33   the person:
34     a.  Has held an interest in the land.
35     b.  Is actively engaged in farming the land.
36     c.  Produces different species of livestock on the
37   land.
38     d.  Produces crops on the land.  If crops are
39   produced on the land, the board shall consider the
40   extent to which the crops are used to feed livestock
41   produced on the land.
42     e.  Owns and operates machinery for the following:
43     (1)  The planting and harvesting of grain on the
44   land.
45     (2)  The application of manure on the land.
46     f.  Owns and uses facilities for the storage of
47   grain produced on the land.
48     Sec. ___.  Section 455B.162, subsection 1,
49   paragraph b, unnumbered paragraph 1, Code Supplement
50   1995, is amended to read as follows:

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

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Last update: Mon Apr 1 13:30:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01100/01116.html
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