Text: HF00373 Text: HF00375 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 335.2, Code 1997, is amended to read as 1 2 follows: 1 3 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 1 4 Exceptto the extent required to implement section 335.27,1 5noas provided in this section, an ordinance adopted under 1 6 this chapterappliesshall not apply to an agricultural 1 7 operation, including land,farmhouses,farmbarns,farm1 8 outbuildings, or other buildings or structures, which are 1 9 primarily adapted, by reason of nature and area, foruse for1 10 an agriculturalpurposespurpose, while so used. However,the1 11ordinancesan ordinance adopted under this chapter may apply 1 12 to any of the following: 1 13 1. The implementation of an agricultural land preservation 1 14 ordinance, as provided in section 335.27. 1 15 2. A structure, building, dam, obstruction, deposit, or 1 16 excavation in or on the flood plains ofanya river or stream. 1 17 3. An animal feeding operation, as defined in section 1 18 455B.161, other than an animal feeding operation which is part 1 19 of a family farm. The county board of supervisors shall 1 20 determine if an agricultural operation qualifies as a family 1 21 farm. In making this determination the board shall review 1 22 facts relating to the agricultural operation and the person 1 23 owning or leasing the land where the agricultural operation is 1 24 located, including the extent to which the person: 1 25 a. Has held an interest in the land. 1 26 b. Is actively engaged in farming the land. 1 27 c. Produces different species of livestock on the land. 1 28 d. Produces crops on the land. If crops are produced on 1 29 the land, the board shall consider the extent to which the 1 30 crops are used to feed livestock produced on the land. 1 31 e. Owns and operates machinery for the following: 1 32 (1) The planting and harvesting of grain on the land. 1 33 (2) The application of manure on the land. 1 34 f. Owns and uses facilities for the storage of grain 1 35 produced on the land. 2 1 Sec. 2. Section 455B.162, subsection 1, paragraph b, 2 2 unnumbered paragraph 1, Code 1997, is amended to read as 2 3 follows: 2 4 The following table represents the minimum separation 2 5 distance in feet required between animal feeding operation 2 6 structures and a public use area ora residence not owned by2 7the owner of the animal feeding operation, a commercial2 8enterprise, a bona fide religious institution, or an2 9educational institution located withinthe corporate limits of 2 10 a city: 2 11 Sec. 3. Section 657.1, Code 1997, is amended to read as 2 12 follows: 2 13 657.1 NUISANCE – WHAT CONSTITUTES – ACTION TO ABATE. 2 14 Whatever is injurious to health, indecent, orunreasonably2 15 offensive to the senses, or an obstruction to the free use of 2 16 property, so as essentially tounreasonablyinterfere with the 2 17 comfortable enjoyment of life or property, is a nuisance, and 2 18 a civil action by ordinary proceedings may be brought to 2 19 enjoin and abate the same and to recover damages sustained on 2 20 account thereof. 2 21 Sec. 4. Section 657.2, subsection 1, Code 1997, is amended 2 22 to read as follows: 2 23 1. The erecting, continuing, or using any building or 2 24 other place for the exercise of any trade, employment, or 2 25 manufacture, which, by occasioning noxious exhalations, 2 26unreasonablyoffensive smells, or other annoyances, becomes 2 27 injurious and dangerous to the health, comfort, or property of 2 28 individuals or the public. 2 29 Sec. 5. APPLICABILITY. Except as provided in section 2 30 455B.163, Code 1997, with regard to the continued operation of 2 31 animal feeding operations constructed prior to May 31, 1995, 2 32 or the expansion of structures constructed prior to May 31, 2 33 1995, the provisions of section 455B.162, subsection 1, 2 34 paragraph "b", unnumbered paragraph 1, Code 1997, shall 2 35 continue to apply to animal feeding operation structures 3 1 constructed on or after May 31, 1995, but prior to the 3 2 effective date of this Act, and to the expansion of such 3 3 structures constructed on or after May 31, 1995, but prior to 3 4 the effective date of this Act. 3 5 Sec. 6. Section 657.11, Code 1997, is repealed. 3 6 EXPLANATION 3 7 This bill relates to animal feeding operations. 3 8 The bill amends Code chapter 335, which provides for county 3 9 zoning. Code section 335.2 currently provides that county 3 10 zoning does not apply to land used for an agricultural 3 11 purpose. The bill amends Code section 335.2 to provide that 3 12 the exemption does not apply to an animal feeding operation or 3 13 an animal feeding operation structure, unless the animal 3 14 feeding operation is located on a family farm. An animal 3 15 feeding operation structure is an anaerobic lagoon, a formed 3 16 manure storage structure, egg washwater storage structure, 3 17 earthen manure storage basin, or confinement building. The 3 18 bill provides that the county board of supervisors must 3 19 determine whether an operation qualifies as a family farm. 3 20 The bill provides that the board must consider factors 3 21 relating to the agricultural operation and the person owning 3 22 or leasing the land where the agricultural operation is 3 23 located, including the extent to which the person holding an 3 24 interest in the land has held the interest, is actively 3 25 engaged in farming the land, produces different species of 3 26 livestock, produces crops on the land, feeds livestock from 3 27 those crops, owns and operates farm machinery, and owns and 3 28 uses grain storage facilities. 3 29 The bill amends Code section 455B.162, which provides 3 30 separation distances between animal feeding operations and 3 31 residences, businesses, churches, and schools located within 3 32 the corporate limits of a city. The bill provides that the 3 33 separation distances apply between an animal feeding operation 3 34 and the corporate limits of a city. The new separation 3 35 distance requirement does not apply to an animal feeding 4 1 operation structure constructed or expanded prior to the 4 2 effective date of this bill. 4 3 Code section 657.11 provides that a nuisance must be 4 4 unreasonably offensive and creates a rebuttable presumption 4 5 that an animal feeding operation is not a public or private 4 6 nuisance, if the animal feeding operation is not in violation 4 7 of law and has obtained all required permits. This bill 4 8 eliminates those provisions. 4 9 LSB 2009YH 77 4 10 da/cf/24.1
Text: HF00373 Text: HF00375 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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