Text: HF00289 Text: HF00291 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 159.27, unnumbered paragraph 1, Code 1 2 1997, is amended to read as follows: 1 3 The department shall adopt rules relating to the disposal 1 4 of manure in close proximity to a designated area. A person 1 5 shall not dispose of manure on cropland withintwofour 1 6 hundred feet from a designated area, unless one of the 1 7 following applies: 1 8 Sec. 2. Section 335.2, Code 1997, is amended to read as 1 9 follows: 1 10 335.2FARMSAGRICULTURAL USES EXEMPT. 1 11 1. As used in this section: 1 12 a. "Agricultural purpose" means any use connected or 1 13 related to farming. 1 14 b. "Animal feeding operation" means the same as defined in 1 15 section 455B.161. 1 16 c. "Farm animal feeding operation" means an animal feeding 1 17 operation in which one of the following applies: 1 18 (1) The operation contains less than six hundred twenty- 1 19 five thousand or more pounds animal weight capacity for all 1 20 animal species other than beef cattle, or less than one 1 21 million six hundred thousand or more pounds animal weight 1 22 capacity for beef cattle. 1 23 (2) If the animal feeding operation is not a business 1 24 entity, the operation owner of the agricultural land where an 1 25 animal feeding operation is located is qualified to file for a 1 26 homestead tax credit as provided in section 425.2 or a family 1 27 farm tax credit as provided in section 425A.4 in the county 1 28 where the agricultural land is located. 1 29 (3) If the animal feeding operation is a business entity, 1 30 all of the following apply: 1 31 (a) One of the following persons who holds an interest in 1 32 the business entity must be eligible to file for one of the 1 33 following tax credits in the county where the animal feeding 1 34 operation is located: 1 35 (i) For a homestead tax credit, an owner of a corporation 2 1 who is the majority shareholder of a corporation, a partner of 2 2 a partnership, the person holding the greatest membership 2 3 interest in a limited liability company, the person 2 4 contributing the most value to a limited partnership, or the 2 5 beneficiary having the greatest interest in a trust. 2 6 (ii) For a family farm tax credit, the majority 2 7 shareholder of a corporation or a partner of a partnership. 2 8 (b) At least forty percent of the interest in the business 2 9 entity must be held by persons related to each other as 2 10 spouse, parent, grandparent, lineal ascendants of the 2 11 grandparents or their spouses, or lineal descendants of the 2 12 grandparents or their spouses, or persons acting in a 2 13 fiduciary capacity to persons so related. 2 14 (c) More than fifty percent of the production inputs used 2 15 to maintain livestock on the agricultural land are purchased 2 16 within sixty miles from the borders of the agricultural land 2 17 where the animal feeding operation is located. 2 18 (d) The operation cannot have benefited from any of the 2 19 following: 2 20 (i) The job training partnership program and other 2 21 programs administered under section 15.108. 2 22 (ii) The self-employment loan program created in section 2 23 15.241. 2 24 (iii) The targeted small business financial assistance 2 25 program created in section 15.247. 2 26 (iv) The community economic betterment program created in 2 27 sections 15.315 through 15.320. 2 28 (v) An agreement for a supplemental new jobs tax credit as 2 29 provided in section 15.331. 2 30 (vi) The industrial new jobs training program as provided 2 31 in chapter 260E. 2 32 (vii) The jobs training program as provided in chapter 2 33 260F. 2 34 (viii) An economic development area established pursuant 2 35 to chapter 403. 3 1 d. "Farming" means the same as defined in section 9H.1. 3 2 e. "Industrial animal feeding operation" means an animal 3 3 feeding operation which is not a farm animal feeding 3 4 operation. 3 5 f. "Industrial feeding operation structure" means an 3 6 animal feeding operation structure as defined in section 3 7 455B.161 which is part of an industrial feeding operation. 3 8 g. "Production inputs" means feed, supplies, and 3 9 veterinary medicine used to feed or breed livestock, but does 3 10 not include labor, construction materials, equipment, or 3 11 tools. 3 12 2.Except to the extent required to implement section3 13335.27, noAn ordinance adopted under this chapterapplies3 14 shall apply tolandreal estate,farmincluding houses,farm3 15 barns,farmoutbuildings, or other buildings or structures 3 16 located on the real estate, whichareis primarily adapted, by 3 17 reason of nature and area,for usefor an agricultural 3 18purposespurpose, while so used, only as provided in this 3 19 section.However, the ordinances may apply to anyAn 3 20 ordinance shall apply to real estate used for an agricultural 3 21 purpose as follows: 3 22 a. It shall not apply to a farm animal feeding operation. 3 23 b. It may apply to an industrial feeding operation. 3 24 However, the ordinance shall only apply to the site of the 3 25 industrial feeding operation and not land where other farming 3 26 operations occur. 3 27 3. This section shall not apply to either of the 3 28 following: 3 29 a. An ordinance required to implement an agricultural 3 30 preservation ordinance, as provided in section 335.27. 3 31 b. A structure, building, dam, obstruction, deposit or 3 32 excavation in or on the flood plains ofanya river or stream. 3 33 Sec. 3. Section 455B.162, subsection 1, paragraphs a and 3 34 b, Code 1997, are amended to read as follows: 3 35 a. The following table represents the minimum separation 4 1 distance in feet required between an animal feeding operation 4 2 structure and a residence not owned by the owner of the animal 4 3 feeding operation, or a commercial enterprise, bona fide 4 4 religious institution, or an educational institution: 4 5 Minimum 4 6 separation 4 7 distance in 4 8 feet for 4 9 operations 4 10 Minimum having an 4 11 separation animal Minimum 4 12 distance in weight separation 4 13 feet for capacity of distance in 4 14 operations 625,000 or feet for 4 15 having an more pounds operations 4 16 animal but less than having an 4 17 weight 1,250,000 animal 4 18 capacity of pounds for weight 4 19 less than animals other capacity of 4 20 625,000 than bovine, 1,250,000 or 4 21 pounds for or 1,600,000 more pounds 4 22 animals other or more for animals 4 23 than bovine, pounds but other than 4 24 or less than less than bovine, or 4 25 1,600,000 4,000,000 4,000,000 or 4 26 pounds for pounds for more pounds 4 27 Type of structure bovine bovine for bovine 4 28 Anaerobic lagoon1,2501,8752,5004 29 2,500 3,750 5,000 4 30 Uncovered earthen 4 31 manure storage 4 32 basin1,2501,8752,5004 33 2,500 3,750 5,000 4 34 Uncovered formed 4 35 manure storage 5 1 structure1,0001,5002,0005 2 2,000 3,000 4,000 5 3 Covered earthen 5 4 manure storage 5 5 basin7501,0001,5005 6 1,500 2,000 3,000 5 7 Covered formed 5 8 manure storage 5 9 structure7501,0001,5005 10 1,500 2,000 3,000 5 11 Confinement 5 12 building7501,0001,5005 13 1,500 2,000 3,000 5 14 Egg washwater 5 15 storage 5 16 structure7501,0001,5005 17 1,500 2,000 3,000 5 18 b. The following table represents the minimum separation 5 19 distance in feet required between animal feeding operation 5 20 structures and a public use area or a residence not owned by 5 21 the owner of the animal feeding operation, a commercial 5 22 enterprise, a bona fide religious institution, or an 5 23 educational institution located within the corporate limits of 5 24 a city: 5 25 Minimum 5 26 separation 5 27 distance in 5 28 feet for 5 29 operations 5 30 Minimum having an 5 31 separation animal Minimum 5 32 distance in weight separation 5 33 feet for capacity of distance in 5 34 operations 625,000 or feet for 5 35 having an more pounds operations 6 1 animal but less than having an 6 2 weight 1,250,000 animal 6 3 capacity of pounds for weight 6 4 less than animals other capacity of 6 5 625,000 than bovine, 1,250,000 or 6 6 pounds for or 1,600,000 more pounds 6 7 animals other or more for animals 6 8 than bovine, pounds but other than 6 9 or less than less than bovine, or 6 10 1,600,000 4,000,000 4,000,000 or 6 11 pounds for pounds for more pounds 6 12 Type of structure bovine bovine for bovine 6 13 Animal feeding 6 14 operation 6 15 structure1,2501,8752,5006 16 2,500 3,750 5,000 6 17 Sec. 4. Section 455B.203, subsection 2, paragraph a, Code 6 18 1997, is amended to read as follows: 6 19 a. Calculations necessary to determine the land area 6 20 required for the application of manure from a confinement 6 21 feeding operation based onnitrogenphosphorus use levels in 6 22 order to obtain optimum crop yields according to a crop 6 23 schedule specified in the plan, and according to requirements 6 24 adopted by the department after receiving recommendations from 6 25 the animal agriculture consulting organization provided for in 6 26 1995 Iowa Acts, chapter 195, section 37. 6 27 Sec. 5. Section 455B.204, subsection 1, Code 1997, is 6 28 amended to read as follows: 6 29 1. An animal feeding operation structure shall not be 6 30located at least five hundredconstructed or expanded less 6 31 than one thousand feet away from the surface intake of an 6 32 agricultural drainage well or known sinkhole, and at leasttwo6 33 four hundred feet away from a lake, river, or stream located 6 34 within the territorial limits of the state, any marginal river 6 35 area adjacent to the state, which can support a floating 7 1 vessel capable of carrying one or more persons during a total 7 2 of a six-month period in one out of ten years, excluding 7 3 periods of flooding. However, no distance separation is 7 4 required between a location or object and a farm pond or 7 5 privately owned lake, as defined in section 462A.2. 7 6 Sec. 6. Section 657.1, Code 1997, is amended to read as 7 7 follows: 7 8 657.1 NUISANCE – WHAT CONSTITUTES – ACTION TO ABATE. 7 9 Whatever is injurious to health, indecent, orunreasonably7 10 offensive to the senses, or an obstruction to the free use of 7 11 property, so as essentially tounreasonablyinterfere with the 7 12 comfortable enjoyment of life or property, is a nuisance, and 7 13 a civil action by ordinary proceedings may be brought to 7 14 enjoin and abate the same and to recover damages sustained on 7 15 account thereof. 7 16 Sec. 7. Section 657.2, subsection 1, Code 1997, is amended 7 17 to read as follows: 7 18 1. The erecting, continuing, or using any building or 7 19 other place for the exercise of any trade, employment, or 7 20 manufacture, which, by occasioning noxious exhalations, 7 21unreasonablyoffensive smells, or other annoyances, becomes 7 22 injurious and dangerous to the health, comfort, or property of 7 23 individuals or the public. 7 24 Sec. 8. APPLICABILITY. Except as provided in section 7 25 455B.163, Code 1997, with regard to the continued operation of 7 26 animal feeding operations constructed prior to May 31, 1995, 7 27 or the expansion of structures constructed prior to May 31, 7 28 1995, the provisions of section 455B.162, subsection 1, 7 29 paragraphs "a" and "b", and section 455B.204, Code 1997, shall 7 30 continue to apply to animal feeding operation structures 7 31 constructed on or after May 31, 1995, but prior to the 7 32 effective date of this Act, and to the expansion of such 7 33 structures constructed on or after May 31, 1995, but prior to 7 34 the effective date of this Act. 7 35 Sec. 9. Section 657.11, Code 1997, is repealed. 8 1 EXPLANATION 8 2 This bill amends provisions relating to animal feeding 8 3 operations, as follows: 8 4 Code section 159.27 prohibits a person from disposing of 8 5 manure on cropland within 200 feet of certain water sources. 8 6 This bill doubles that distance. 8 7 Code section 335.2 provides that county zoning does not 8 8 apply to land used for agricultural purposes. The bill amends 8 9 the section to provide that an "agricultural purpose" means 8 10 any use connected or related to farming as defined in Iowa's 8 11 corporate farming law in chapter 9H. The bill also amends the 8 12 section to provide a county zoning ordinance does not apply to 8 13 a family animal feeding operation but may apply to an 8 14 industrial animal feeding operation. In order to be 8 15 classified as a family animal feeding operation, a number of 8 16 conditions must be satisfied. The operation must contain less 8 17 than 625,000 pounds of animal weight capacity for animals 8 18 other than bovine, and less than 1,600,000 pounds for bovine, 8 19 or meet a number of criteria set forth in the bill. The 8 20 criteria include requiring that the owner of agricultural land 8 21 where an animal feeding operation is located be eligible to 8 22 file for a homestead tax credit or a family farm tax credit. 8 23 The bill provides that if the owner is a business entity, the 8 24 entity must satisfy additional requirements. The person 8 25 eligible for filing for the tax credit in the county where the 8 26 operation is located must have a majority or partnership 8 27 interest in the business entity, at least 40 percent of the 8 28 interest in the business entity must be held by persons 8 29 related to each other, more than 50 percent of the production 8 30 inputs used to maintain animals on the agricultural land must 8 31 be purchased within 60 miles from the borders of the 8 32 agricultural land where the animal feeding operation is 8 33 located, and the operation cannot have benefited from 8 34 governmental assistance programs primarily designed for 8 35 nonfarming operations. 9 1 Code section 455B.162 provides separation distances between 9 2 animal feeding operation structures such as a manure storage 9 3 structure, confinement building, or egg washwater storage 9 4 structure and a residence not owned by the owner of the animal 9 5 feeding operation, a commercial enterprise, a bona fide 9 6 religious institution, an educational institution, or a public 9 7 use area. The bill doubles those separation distances. A 9 8 person violating the bill's distance requirements is subject 9 9 to a civil penalty which cannot exceed $10,000 for each day of 9 10 a violation. 9 11 Code section 455B.203 provides that a manure management 9 12 plan must include calculations necessary to determine the land 9 13 area required for the application of manure from a confinement 9 14 feeding operation based on use levels in order to obtain 9 15 optimum crop yields according to a crop schedule specified in 9 16 the plan. This bill provides that the calculations must be 9 17 based on phosphorus use levels rather than nitrogen use 9 18 levels. Code section 455B.191 subjects a person to a civil 9 19 penalty of up to $5,000 for each day of a violation of section 9 20 455B.203. 9 21 Code section 455B.204 requires that an animal feeding 9 22 operation structure must be located at least 500 feet away 9 23 from the surface intake of an agricultural drainage well or 9 24 known sinkhole, and at least 200 feet away from certain lakes, 9 25 rivers, or streams. This bill doubles those distance 9 26 requirements. 9 27 Chapter 657 provides for nuisances. Code sections 657.1, 9 28 657.2, and 657.11 provide that a nuisance must be unreasonably 9 29 offensive and create a rebuttable presumption that an animal 9 30 feeding operation is not a public or private nuisance, if the 9 31 animal feeding operation is not in violation of law and has 9 32 obtained all required permits. This bill eliminates those 9 33 provisions. 9 34 The bill contains an uncodified provision which provides 9 35 that animal feeding operation structures constructed prior to 10 1 the effective date of this Act are not required to comply with 10 2 the separation distance requirements contained in the bill. 10 3 LSB 1890YH 77 10 4 da/sc/14
Text: HF00289 Text: HF00291 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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