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PAG LIN 1 1 Section 1. NEW SECTION. 331.309 CONFINEMENT FEEDING 1 2 OPERATIONS – SITING ORDINANCE. 1 3 1. As used in this section: 1 4 a. "Animal feeding operation structure" means the same as 1 5 defined in section 455B.161. 1 6 b. "Animal weight capacity" means the same as defined in 1 7 section 455B.161. 1 8 c. "Confinement feeding operation" means the same as 1 9 defined in section 455B.161. 1 10 2. a. Notwithstanding section 335.2, a county may adopt a 1 11 confinement feeding operations siting ordinance, pursuant to 1 12 section 331.302. The purpose of the ordinance shall be to 1 13 allow approval of the siting of a confinement feeding 1 14 operation regardless of whether the county has adopted an 1 15 ordinance under chapter 335. 1 16 b. The ordinance shall apply to the siting of animal 1 17 feeding operation structures which are part of confinement 1 18 feeding operations in which swine are kept. However, the 1 19 ordinance shall not apply to a confinement feeding operation 1 20 having an animal weight capacity of swine of three hundred 1 21 thousand pounds or less. 1 22 c. The ordinance shall authorize a county to approve the 1 23 site of the construction or expansion of a confinement feeding 1 24 operation, including confinement feeding operation buildings 1 25 and related animal feeding operation structures in order to 1 26 preserve and protect natural resources, including water 1 27 sources and fragile environmental locations; lessen congestion 1 28 and overcrowding of confinement feeding operations, especially 1 29 near cities; and to protect the health and welfare of the 1 30 public. 1 31 d. The ordinance shall provide for methods and procedures 1 32 required for submission of proposals, review of proposals, and 1 33 approval of a site. In administering the ordinance, the 1 34 county shall establish a confinement feeding operations siting 1 35 commission which shall review each proposal for the 2 1 construction or expansion of a confinement feeding operation, 2 2 and recommend to the county board of supervisors that the 2 3 board approve or disapprove the proposal. The board shall 2 4 appoint five persons as members of the commission. Four 2 5 members shall not reside in a city, and one member shall 2 6 reside in a city. At least three of the members shall be 2 7 persons who are or were actively engaged in animal 2 8 agriculture. The commission shall make its recommendation to 2 9 the board within forty-five days after the date that the board 2 10 receives a complete proposal. The board shall approve or 2 11 disapprove a proposal within forty-five days after the date 2 12 that the board receives the commission's recommendation 2 13 regarding approval or disapproval. 2 14 Sec. 2. Section 455B.200A, subsection 1, Code 1999, is 2 15 amended to read as follows: 2 16 1. The department shall issue permits for the 2 17 construction, including the expansion, of animal feeding 2 18 operation structures, including structures which are part of 2 19 confinement feeding operations, as provided by rules adopted 2 20 pursuant to section 455B.200. The department shall issue a 2 21 permit to an animal feeding operation if an application is 2 22 submitted according to procedures required by the department 2 23 and the application meets standards established by the 2 24 department, regardless of whether the animal feeding operation 2 25 is required to obtain such a permit.The department shall not2 26require that aA person must obtain a permit for the 2 27 construction of an animal feeding operation structureif the2 28structurewhich is part of a confinement feeding operation in 2 29 which swine are kept. However, a person is not required to 2 30 obtain a permit for the construction of an animal feeding 2 31 operation structure which is part of a small animal feeding 2 32 operation. For purposes of this section, an animal feeding 2 33 operation structure includes a manure storage structure. 2 34 EXPLANATION 2 35 This bill enacts or amends several provisions relating to 3 1 confinement feeding operations regulated by the department of 3 2 natural resources. A confinement feeding operation is a type 3 3 of animal feeding operation in which animals are kept in areas 3 4 which are totally roofed. The bill creates new Code section 3 5 331.309, which provides that a county may adopt a siting 3 6 ordinance for confinement feeding operations in which swine 3 7 are kept. The bill provides that the ordinance must provide 3 8 for methods and procedures required for review and approval of 3 9 site proposals. As part of this process, the county must 3 10 establish a confinement feeding operations siting commission 3 11 to review proposals for the construction or expansion of a 3 12 confinement feeding operation. 3 13 The bill also amends Code section 455B.200A which requires 3 14 the department to issue permits for the construction of animal 3 15 feeding operation structures, including structures which are 3 16 part of confinement feeding operations. These structures 3 17 include confinement buildings and manure storage facilities. 3 18 The section provides that small animal feeding operations are 3 19 exempt from the permitting requirements. The section does not 3 20 require that any certain type of structure must be constructed 3 21 under a permit. 3 22 The bill provides that a person must obtain a construction 3 23 permit to construct an animal feeding operation structure 3 24 which is part of a confinement feeding operation in which 3 25 swine are kept. 3 26 The bill provides that a county's siting ordinance does not 3 27 apply to a confinement feeding operation having an animal 3 28 weight capacity of 300,000 pounds or less. The bill provides 3 29 that the department's construction permit requirements do not 3 30 apply to a confinement feeding operation having an animal 3 31 weight capacity of 200,000 pounds or less. 3 32 Pursuant to Code section 455B.191, a person who constructs 3 33 an animal feeding operation without a permit is subject to a 3 34 civil penalty of $5,000 for each day of the violation. 3 35 LSB 1697HH 78 4 1 da/gg/8
Text: HF00218 Text: HF00220 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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