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Text: HF00373                           Text: HF00375
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House File 374

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 335.2, Code 1997, is amended to read as
  1  2 follows:
  1  3    335.2  FARMS AGRICULTURAL PURPOSES EXEMPT.
  1  4    Except to the extent required to implement section 335.27,
  1  5 no as provided in this section, an ordinance adopted under
  1  6 this chapter applies shall not apply to an agricultural
  1  7 operation, including land, farm houses, farm barns, farm
  1  8 outbuildings, or other buildings or structures, which are
  1  9 primarily adapted, by reason of nature and area, for use for
  1 10 an agricultural purposes purpose, while so used.  However, the
  1 11 ordinances an 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 of any a 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 or a residence not owned by
  2  7 the owner of the animal feeding operation, a commercial
  2  8 enterprise, a bona fide religious institution, or an
  2  9 educational institution located within the 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, or unreasonably
  2 15 offensive to the senses, or an obstruction to the free use of
  2 16 property, so as essentially to unreasonably interfere 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 26 unreasonably offensive 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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