Text: H08194                            Text: H08196
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8195

Amendment Text

PAG LIN
  1  1    Amend House File 2491 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  10C.1  CONFINEMENT
  1  5 FEEDING OPERATIONS.
  1  6    1.  Notwithstanding section 331.304A and 335.2, a
  1  7 county may adopt a confinement feeding operations
  1  8 siting ordinance which shall be part of other
  1  9 regulations provided in chapter 335.  The ordinance
  1 10 shall regulate the siting of confinement feeding
  1 11 operation buildings and related manure storage
  1 12 structures.  The ordinance shall be subject to
  1 13 adoption by the county board of supervisors, upon
  1 14 recommendation by the county's zoning commission as
  1 15 provided in section 335.8.  The county board of
  1 16 supervisors shall adopt the ordinance in the same
  1 17 manner as other regulations adopted pursuant to this
  1 18 chapter.
  1 19    2.  The ordinance shall include a siting plan as
  1 20 follows:
  1 21    a.  The plan shall do all of the following:
  1 22    (1)  Preserve the availability of farmland reserved
  1 23 for confinement feeding operations.
  1 24    (2)  Encourage efficient urban development patterns
  1 25 that do not burden farmland reserved under the plan
  1 26 for confinement feeding operations.  The plan shall
  1 27 attempt to prevent congestion and overcrowding of
  1 28 confinement feeding operations, especially near
  1 29 cities.
  1 30    (3)  Preserve and protect natural resources,
  1 31 including water sources, fragile environmental
  1 32 locations, and recreational areas.
  1 33    b.  The plan may provide different regulations for
  1 34 confinement feeding operations based on all of the
  1 35 following:
  1 36    (1)  The animal weight capacity of the confinement
  1 37 feeding operation.
  1 38    (2)  The type of animal feeding operation
  1 39 structure.
  1 40    (3)  The proximity of land for the application of
  1 41 manure which originates from the confinement feeding
  1 42 operation.
  1 43    3.  The ordinance shall not apply to a small animal
  1 44 feeding operation.
  1 45    4.  a.  The ordinance shall not violate any
  1 46 requirement of chapter 455B, or rules adopted by the
  1 47 department of natural resources pursuant to that
  1 48 chapter.  However, the ordinance may provide for
  1 49 separation distance requirements that exceed the
  1 50 requirements of chapter 455B, division II, part 2, or
  2  1 section 455B.204.  The separation distance requirement
  2  2 may be based on guidelines established by the
  2  3 department of natural resources pursuant to sections
  2  4 455B.165 and 455B.204 and shall to every extent
  2  5 practicable be based on the methodology established by
  2  6 the department pursuant to those sections.
  2  7    b.  The ordinance shall be consistent with the
  2  8 county's comprehensive plan as required by section
  2  9 335.5, and other regulations adopted pursuant to this
  2 10 chapter.
  2 11    c.  The ordinance shall not prohibit the operation
  2 12 of confinement feeding operations constructed prior to
  2 13 the effective date of the ordinance.
  2 14    5.  The ordinance shall provide for review and
  2 15 approval or disapproval of proposals to construct
  2 16 confinement feeding operations, including the
  2 17 construction of a confinement building or related
  2 18 manure storage structures.
  2 19    a.  The ordinance shall provide for methods and
  2 20 procedures required for timely submission, review, and
  2 21 approval or disapproval of proposals.
  2 22    b.  The planning and zoning commission shall review
  2 23 each proposal and recommend to the board of
  2 24 supervisors that the proposal be approved or
  2 25 disapproved.  The board of supervisors shall approve
  2 26 or disapprove the proposal after considering all
  2 27 relevant information, including the commission's
  2 28 recommendation.  The commission's recommendation and
  2 29 the board's decision shall be based solely on whether
  2 30 the proposal satisfies the requirements of the
  2 31 ordinance.
  2 32    Sec.    .  Section 335.8, Code 1999, is amended to
  2 33 read as follows:
  2 34    335.8  ZONING COMMISSION APPOINTED.
  2 35    1.  In order to avail itself of the powers
  2 36 conferred by this chapter, the The board of
  2 37 supervisors shall appoint establish a zoning
  2 38 commission, a.  The board shall appoint members to the
  2 39 commission.  A majority of whose the members shall
  2 40 reside within the county but outside the corporate
  2 41 limits of any city, to be known as the county zoning
  2 42 commission, to recommend.  The zoning commission shall
  2 43 do all of the following:
  2 44    a.  Recommend the boundaries of the various
  2 45 original districts, and appropriate regulations and
  2 46 restrictions to be enforced therein within those
  2 47 districts.  Such The commission shall, with due
  2 48 diligence, prepare a preliminary report and hold
  2 49 public hearings thereon on the preliminary report
  2 50 before submitting its final report; and the.  The
  3  1 board of supervisors shall not hold its public
  3  2 hearings or take action until it has received the
  3  3 final report of such commission.  After the adoption
  3  4 of such regulations, restrictions, and boundaries of
  3  5 districts, the zoning commission may, from time to
  3  6 time, recommend to the board of supervisors
  3  7 amendments, supplements, changes, or modifications.
  3  8    b.  Provide for the siting of confinement feeding
  3  9 operations as follows:
  3 10    (1)  The zoning commission shall prepare a
  3 11 confinement feeding operations siting ordinance
  3 12 including a plan for siting for recommendation to the
  3 13 board of supervisors as provided in section 10C.1.
  3 14 The zoning commission shall prepare and recommend the
  3 15 ordinance or any amendments, supplements, changes, or
  3 16 modifications to the ordinance, in the same manner as
  3 17 other regulations pursuant to paragraph "a".  The
  3 18 zoning commission shall not make a recommendation
  3 19 without holding a public hearing in the same manner as
  3 20 provided in section 335.6.
  3 21    (2)  The zoning commission shall review and
  3 22 recommend the approval or disapproval of a proposal
  3 23 for the construction of a confinement feeding
  3 24 operation as provided in section 10C.1 based on
  3 25 compliance with the confinement feeding operations
  3 26 siting ordinance.
  3 27    2.  The zoning commission, with the approval of the
  3 28 board of supervisors, may contract with professional
  3 29 consultants, regional planning commissions, the Iowa
  3 30 department of economic development, the department of
  3 31 natural resources, or the federal government, for
  3 32 local planning assistance.
  3 33    Sec.    .  Section 455B.165, Code 1999, is amended
  3 34 by adding the following new subsection:
  3 35    NEW SUBSECTION.  9.  A separation distance
  3 36 requirement that is provided in a confinement feeding
  3 37 operation siting ordinance adopted by a county board
  3 38 of supervisors pursuant to section 10C.1.  The
  3 39 ordinance shall not include a requirement providing a
  3 40 lesser separation distance than is provided for in
  3 41 this part.  If requested by a county, the department
  3 42 shall provide recommendations with guidelines for
  3 43 increasing required separation distances based on a
  3 44 methodology which considers topographic, hydrologic,
  3 45 climatic, or demographic factors.
  3 46    Sec.    .  Section 455B.204, subsection 3, Code
  3 47 1999, is amended by adding the following new
  3 48 paragraph:
  3 49    NEW PARAGRAPH.  c.  A separation distance
  3 50 requirement that is provided in a confinement feeding
  4  1 operation siting ordinance adopted by a county board
  4  2 of supervisors pursuant to section 10C.1.  The
  4  3 ordinance shall not include a requirement providing a
  4  4 closer separation distance than is provided for in
  4  5 subsection 2.  Upon request by a county, the
  4  6 department shall provide recommendations to the county
  4  7 as provided in section 455B.165."
  4  8    #2.  Title page, by striking lines 1 and 2 and
  4  9 inserting the following:  "An Act providing for
  4 10 agricultural production, and making penalties
  4 11 applicable." 
  4 12 
  4 13 
  4 14                               
  4 15 WEIGEL of Chickasaw
  4 16 HF 2491.302 78
  4 17 da/cf
     

Text: H08194                            Text: H08196
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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