Text: HF02114 Text: HF02116 Text: HF02100 - HF02199 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. A confinement feeding operation, as defined in section 1 18 455B.161, other than a confinement feeding operation which is 1 19 part of a family farm. A small animal feeding operation as 1 20 defined in section 455B.161 shall be deemed a family farm. 1 21 Otherwise, the county board of supervisors shall determine if 1 22 an agricultural operation qualifies as a family farm. In 1 23 making this determination the board shall review facts 1 24 relating to the agricultural operation and the person owning 1 25 or leasing the land where the agricultural operation is 1 26 located, including the extent to which the person: 1 27 a. Has held an interest in the land. 1 28 b. Is actively engaged in farming the land. 1 29 c. Produces different species of livestock on the land. 1 30 d. Produces crops on the land. If crops are produced on 1 31 the land, the board shall consider the extent to which the 1 32 crops are used to feed livestock produced on the land. 1 33 e. Owns and operates machinery for the following: 1 34 (1) The planting and harvesting of grain on the land. 1 35 (2) The application of manure on the land. 2 1 f. Owns and uses facilities for the storage of grain 2 2 produced on the land. 2 3 Sec. 2. Section 455B.161, Code 1997, is amended by adding 2 4 the following new subsections: 2 5 NEW SUBSECTION. 5A. "Authorized animal feeding operation 2 6 structure" means an animal feeding operation structure other 2 7 than an unformed manure storage structure. 2 8 NEW SUBSECTION. 21. "Unformed manure storage structure" 2 9 means a covered or uncovered animal feeding operation 2 10 structure, other than a formed manure storage structure, which 2 11 is used to store manure from a confinement feeding operation, 2 12 including but not limited to an earthen manure storage basin 2 13 or anaerobic lagoon. 2 14 Sec. 3. Section 455B.162, unnumbered paragraph 1, Code 2 15 1997, is amended by striking the unnumbered paragraph. 2 16 Sec. 4. Section 455B.162, subsection 1, unnumbered 2 17 paragraph 1, Code 1997, is amended by striking the unnumbered 2 18 paragraph and inserting in lieu thereof the following: 2 19 The following tables shall apply to animal feeding 2 20 operation structures constructed or expanded on or after May 2 21 31, 1995, but prior to the effective date of this Act: 2 22 Sec. 5. Section 455B.162, Code 1997, is amended by adding 2 23 the following new subsections: 2 24 NEW SUBSECTION. 1A. The following tables shall apply to 2 25 authorized animal feeding operation structures constructed or 2 26 expanded on or after the effective date of this Act: 2 27 a. The following table represents the minimum separation 2 28 distance in feet required between an authorized animal feeding 2 29 operation structure and a residence not owned by the owner of 2 30 the animal feeding operation, or a commercial enterprise, bona 2 31 fide religious institution, or an educational institution: 2 32 Minimum 2 33 separation 2 34 distance in 2 35 feet for 3 1 operations 3 2 Minimum having an 3 3 separation animal Minimum 3 4 distance in weight separation 3 5 feet for capacity of distance in 3 6 operations 625,000 or feet for 3 7 having an more pounds operations 3 8 animal but less than having an 3 9 weight 1,250,000 animal 3 10 capacity of pounds for weight 3 11 less than animals other capacity of 3 12 625,000 than bovine, 1,250,000 or 3 13 pounds for or 1,600,000 more pounds 3 14 animals other or more for animals 3 15 than bovine, pounds but other than 3 16 or less than less than bovine, or 3 17 1,600,000 4,000,000 4,000,000 or 3 18 pounds for pounds for more pounds 3 19 Type of structure bovine bovine for bovine 3 20 Uncovered formed 3 21 manure storage 3 22 structure 1,000 1,500 2,000 3 23 Covered formed 3 24 manure storage 3 25 structure 750 1,000 1,500 3 26 Confinement 3 27 building 750 1,000 1,500 3 28 Egg washwater 3 29 storage structure 750 1,000 1,500 3 30 b. The following table represents the minimum separation 3 31 distance in feet required between an authorized animal feeding 3 32 operation structure and a public use area or a residence not 3 33 owned by the owner of the animal feeding operation, a 3 34 commercial enterprise, a bona fide religious institution, or 3 35 an educational institution located within the corporate limits 4 1 of a city: 4 2 Minimum 4 3 separation 4 4 distance in 4 5 feet for 4 6 operations 4 7 Minimum having an 4 8 separation animal Minimum 4 9 distance in weight separation 4 10 feet for capacity of distance in 4 11 operations 625,000 or feet for 4 12 having an more pounds operations 4 13 animal but less than having an 4 14 weight 1,250,000 animal 4 15 capacity of pounds for weight 4 16 less than animals other capacity of 4 17 625,000 than bovine, 1,250,000 or 4 18 pounds for or 1,600,000 more pounds 4 19 animals other or more for animals 4 20 than bovine, pounds but other than 4 21 or less than less than bovine, or 4 22 1,600,000 4,000,000 4,000,000 or 4 23 pounds for pounds for more pounds 4 24 Type of structure bovine bovine for bovine 4 25 Authorized animal 4 26 feeding operation 4 27 structure 1,250 1,875 2,500 4 28 NEW SUBSECTION. 3. An animal feeding operation structure 4 29 constructed prior to May 31, 1995, may be expanded only if it 4 30 is an authorized animal feeding operation structure as 4 31 provided in section 455B.163. 4 32 Sec. 6. Section 455B.163, unnumbered paragraph 1, Code 4 33 1997, is amended to read as follows: 4 34 An authorized animal feeding operation constructed prior to 4 35 the applicability of a requirement in section 455B.162, which 5 1 does not comply with thedistance requirements of section5 2455B.162 on May 31, 1995applicable requirement, may continue 5 3 to operate regardless ofthose separation distancesthe 5 4 requirement. The animal feeding operation may be expandedon5 5or after May 31, 1995,regardless ofthose separation5 6distancesthe applicable requirement at any time, if either of 5 7 the following applies: 5 8 Sec. 7. Section 455B.163, subsection 1, Code 1997, is 5 9 amended to read as follows: 5 10 1. The authorized animal feeding operation structure as 5 11 constructed or expanded complies with the applicable distance 5 12 requirements of section 455B.162. 5 13 Sec. 8. Section 455B.171, Code Supplement 1997, is amended 5 14 by adding the following new subsections: 5 15 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the same as 5 16 defined in section 455B.161. 5 17 NEW SUBSECTION. 3A. "Authorized animal feeding operation 5 18 structure" means an animal feeding operation structure other 5 19 than an unformed manure storage structure. 5 20 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 5 21 the same as defined in section 455B.161. 5 22 NEW SUBSECTION. 9A. "Formed manure storage structure" 5 23 means the same as defined in section 455B.161. 5 24 NEW SUBSECTION. 32A. "Unformed manure storage structure" 5 25 means a covered or uncovered animal feeding operation 5 26 structure, other than a formed manure storage structure, which 5 27 is used to store manure from a confinement feeding operation, 5 28 including but not limited to an earthen manure storage basin 5 29 or anaerobic lagoon. 5 30 Sec. 9. Section 455B.173, subsection 13, Code 1997, is 5 31 amended to read as follows: 5 32 13. a. Adopt, modify, or repeal rules relating to the 5 33 construction or operation of animal feeding operations. The 5 34 rules shall include, but are not limited to, minimum manure 5 35 control requirements, requirements for obtaining permits, and 6 1 departmental evaluations of animal feeding operations. The 6 2 department shall not require that a person obtain a permit for 6 3 the construction of an animal feeding operation structure, if 6 4 the structure is part of a small animal feeding operation. 6 5 b. The department shall collect an indemnity fee as 6 6 provided in section 204.3 prior to the issuance of a 6 7 construction permit. The department shall deposit moneys 6 8 collected in indemnity fees in the manure storage indemnity 6 9 fund created in section 204.2. 6 10 c. The department shall not approve a permit for the 6 11 construction of three or more animal feeding operation 6 12 structures unless the applicant files a statement approved by 6 13 a professional engineer registered pursuant to chapter 542B 6 14 certifying that the construction of the animal feeding 6 15 operation structure will not impede the drainage through 6 16 established drainage tile lines which cross property boundary 6 17 lines unless measures are taken to reestablish the drainage 6 18 prior to completion of construction.The department shall6 19deposit moneys collected in indemnity fees in the manure6 20storage indemnity fund created in section 204.2.The 6 21 department shall not approve a permit for the construction of 6 22 an unformed manure storage structure. 6 23 d. The department shall issue a permit for an animal 6 24 feeding operation, if an application is submitted according to 6 25 procedures required by the department, and the application 6 26 meets standards established by the department, regardless of 6 27 whether the animal feeding operation is required to obtain 6 28 such a permit. An applicant for a construction permit shall 6 29 not begin construction at the location of a site planned for 6 30 the construction of an animal feeding operation structure, 6 31 until the person has been granted a permit for the 6 32 construction of the structure by the department. The 6 33 department shall make a determination regarding the approval 6 34 or denial of a permit within sixty days from the date that the 6 35 department receives a completed application for a permit. 7 1 However, the sixty-day requirement shall not apply to an 7 2 application, if the applicant is not required to obtain a 7 3 permit in order to construct an animal feeding operation 7 4 structure or to operate an animal feeding operation. 7 5 e. The department shall deliver a copy or require the 7 6 applicant to deliver a copy of the application for a 7 7 construction permit to the county board of supervisors in the 7 8 county where the confinement feeding operation orconfinement7 9 related animal feeding operation structure subject to the 7 10 permit is to be located. The department shall not approve the 7 11 application or issue a construction permit until thirty days 7 12 following delivery of the application to the county board of 7 13 supervisors. Thedepartment shall consider comments from the7 14countyboardof supervisors,may submit comments regarding 7 15 compliance by the applicant with the legal requirements for 7 16 the construction of theconfinementanimal feeding operation 7 17 structure as provided in this chapter,and rules adopted by 7 18 the department pursuant to this chapter,ifand whether the 7 19 proposed construction site has been zoned for the proposed 7 20 use. The department shall consider the commentsareif 7 21 delivered to the department within fourteen days after receipt 7 22 of the application by the county board of supervisors. 7 23 f. Prior to granting a permit to a person for the 7 24 construction of an animal feeding operation, the department 7 25 may require the installation and operation of a hydrological 7 26 monitoring system for an exclusively earthen manure storage 7 27 structure, if, after an on-site inspection, the department 7 28 determines that the site presents an extraordinary potential 7 29 for groundwater pollution. 7 30 g. A person shall not obtain a permit for the construction 7 31 of a confinement feeding operation, unless the person develops 7 32 a manure management plan as provided in section 455B.203. 7 33 h. The department shall not issue a permit to a person 7 34 under this subsection if an enforcement action by the 7 35 department, relating to a violation of this chapter concerning 8 1 a confinement feeding operation in which the person has an 8 2 interest, is pending. The department shall not issue a permit 8 3 to a person under this subsection for five years after the 8 4 date of the last violation committed by a person or 8 5 confinement feeding operation in which the person holds a 8 6 controlling interest during which the person or operation was 8 7 classified as a habitual violator under section 455B.191. The 8 8 department shall conduct an annual review of each confinement 8 9 feeding operation which is a habitual violator and each 8 10 confinement feeding operation in which a habitual violator 8 11 holds a controlling interest. The department shall notify 8 12 persons classified as habitual violators of their 8 13 classification, additional restrictions imposed upon the 8 14 persons pursuant to the classification, and special civil 8 15 penalties that may be imposed upon the persons. The notice 8 16 shall be sent to the persons by certified mail. 8 17 Sec. 10. NEW SECTION. 455B.205 UNFORMED MANURE STORAGE 8 18 STRUCTURES – PROHIBITION. 8 19 A person shall not construct or expand an unformed manure 8 20 storage structure on or after the effective date of this Act. 8 21 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 8 22 immediate importance, takes effect upon enactment. 8 23 EXPLANATION 8 24 This bill amends several provisions relating to the 8 25 construction of animal feeding operation structures associated 8 26 with confinement feeding operations. 8 27 The bill amends Code chapter 335, which provides for county 8 28 zoning. Code section 335.2 currently provides that county 8 29 zoning does not apply to land used for an agricultural 8 30 purpose. The bill amends Code section 335.2 to provide that 8 31 the exemption does not apply to a confinement feeding 8 32 operation or related animal feeding operation structure, 8 33 unless the operation is located on a family farm. An animal 8 34 feeding operation structure is an anaerobic lagoon, a formed 8 35 manure storage structure, egg washwater storage structure, 9 1 earthen manure storage basin, or confinement building. The 9 2 bill provides that the county board of supervisors must 9 3 determine whether an operation qualifies as a family farm. An 9 4 animal feeding operation having an animal weight capacity of 9 5 200,000 pounds or less for animals other than cattle or 9 6 400,000 pounds or less for cattle is deemed a family farm. 9 7 The bill provides that otherwise the board must consider 9 8 factors relating to the agricultural operation and the person 9 9 owning or leasing the land where the agricultural operation is 9 10 located, including the extent to which the person holding an 9 11 interest in the land has held the interest, is actively 9 12 engaged in farming the land, produces different species of 9 13 livestock, produces crops on the land, feeds livestock from 9 14 those crops, owns and operates farm machinery, and owns and 9 15 uses grain storage facilities. 9 16 This bill also prohibits a person from constructing or 9 17 expanding an unformed manure storage structure on and after 9 18 the effective date of the bill. An unformed manure storage 9 19 structure is defined to mean a covered or uncovered structure, 9 20 other than a formed manure storage structure, which is used to 9 21 store manure from a confinement feeding operation, including 9 22 but not limited to an earthen manure storage basin or 9 23 anaerobic lagoon. The bill maintains separation distance 9 24 requirements for animal feeding operation structures which are 9 25 constructed prior to the effective date of the bill. The bill 9 26 becomes effective upon enactment. 9 27 LSB 3388YH 77 9 28 da/cf/24.2
Text: HF02114 Text: HF02116 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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