Text: HF00673 Text: HF00675 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 331.304A or 335.2, a county 1 11 may adopt a confinement feeding operations siting ordinance, 1 12 pursuant to section 331.302. The purpose of the ordinance 1 13 shall be to provide approval of the siting of a confinement 1 14 feeding operation, regardless of whether the county has 1 15 adopted a zoning ordinance under chapter 335. 1 16 b. The confinement feeding operations siting ordinance 1 17 shall apply to the siting of animal feeding operation 1 18 structures which are part of confinement feeding operations in 1 19 which swine are kept. However, the ordinance shall not apply 1 20 to a confinement feeding operation having an animal weight 1 21 capacity of swine of three hundred thousand pounds or less. 1 22 c. The ordinance shall authorize the approval or 1 23 disapproval of the construction or expansion of a confinement 1 24 feeding operation, including confinement feeding operation 1 25 buildings and related animal feeding operation structures as 1 26 provided in a proposal submitted to the county board of 1 27 supervisors. The proposal shall be deemed approved unless 1 28 fifty eligible voters of the county file a petition objecting 1 29 to the proposal with the county as provided in this section. 1 30 d. The ordinance shall provide for methods and procedures 1 31 required to appoint and replace members of a confinement 1 32 feeding operations siting commission, to submit proposals, and 1 33 to notify the department of natural resources of an approval 1 34 or disapproval. 1 35 3. The county shall establish a confinement feeding 2 1 operations siting commission which shall be composed of 2 2 members of the board of supervisors and five members appointed 2 3 by the board. Of the members appointed by the board, four 2 4 members shall not reside in a city, and one member shall 2 5 reside in a city. At least three of the appointed members 2 6 shall be persons who are or were actively engaged in animal 2 7 agriculture. 2 8 4. Within ten days following receipt of a proposal for 2 9 siting a confinement feeding operation, the commission shall 2 10 publish a notice of the proposal for a period of not less than 2 11 five days in at least one newspaper of general circulation in 2 12 the county as provided in section 618.3. The notice shall 2 13 provide a summary of the proposal, including the location of 2 14 the proposed site, the size of the confinement feeding 2 15 operation, and the name of the owner of the confinement 2 16 feeding operation. The notice shall state that the commission 2 17 shall meet at a time and location specified in the notice to 2 18 approve or disapprove the proposal if fifty eligible voters in 2 19 the county sign a petition objecting to the proposal, that is 2 20 filed with the board of supervisors within ten days from the 2 21 last date that the notice is required to be published. 2 22 5. If the board of supervisors receives a petition signed 2 23 by at least fifty eligible voters in the county objecting to 2 24 the proposal as provided in this section, the commission shall 2 25 conduct a meeting to approve or disapprove the petition within 2 26 twenty days following the last date that the notice is 2 27 required to be published under subsection 4. Within five days 2 28 following receipt of the petition, the commission shall 2 29 publish a notice of the meeting by mailing the notice to each 2 30 member signing the petition. The commission shall also 2 31 publish a notice of the meeting on the proposal for a period 2 32 of not less than five days in at least one newspaper of 2 33 general circulation in the county as provided in section 2 34 618.3. The notice shall provide a summary of the proposal, 2 35 including the location of the proposed site, the size of the 3 1 confinement feeding operation, and the name of the owner of 3 2 the confinement feeding operation. The notice shall state 3 3 that the commission shall meet at a time and location 3 4 specified in the notice to approve or disapprove the proposal. 3 5 Any member of the commission who resides within two miles from 3 6 the proposed site shall be recused from considering the 3 7 proposal. The commission shall adopt a resolution approving 3 8 or disapproving the proposal within five days following the 3 9 meeting. The approval or disapproval shall be based on the 3 10 need to preserve and protect natural resources, including 3 11 water sources and fragile environmental locations; lessen 3 12 congestion and overcrowding of confinement feeding operations, 3 13 especially near cities; and to protect the health and welfare 3 14 of the public. 3 15 Sec. 2. Section 455B.200A, subsection 1, Code 1999, are 3 16 amended to read as follows: 3 17 1. The department shall issue permits for the 3 18 construction, including the expansion, of animal feeding 3 19 operation structures, including structures which are part of 3 20 confinement feeding operations, as provided by rules adopted 3 21 pursuant to section 455B.200. The department shall issue a 3 22 permit to an animal feeding operation if an application is 3 23 submitted according to procedures required by the department 3 24 and the applicationmeets standards established by the3 25departmentcomplies with legal requirements provided in this 3 26 chapter and rules adopted by the department pursuant to this 3 27 section, regardless of whether the animal feeding operation is 3 28 required to obtain such a permit. The department shall not 3 29 require that a person obtain a permit for the construction of 3 30 an animal feeding operation structure if the structure is part 3 31 of a small animal feeding operation. For purposes of this 3 32 section, an animal feeding operation structure includes a 3 33 manure storage structure. 3 34 Sec. 3. Section 455B.200A, Code 1999, is amended by adding 3 35 the following new subsection: 4 1 NEW SUBSECTION. 7A. If a county has passed a confinement 4 2 feeding operations siting ordinance as provided in section 4 3 331.309, the department shall not issue a construction permit 4 4 for the construction of an animal feeding operation structure 4 5 associated with a confinement feeding operation which keeps 4 6 swine, unless the application contains one of the following: 4 7 a. A resolution passed by the confinement feeding 4 8 operations siting commission certifying that the proposed site 4 9 has been approved. 4 10 b. A statement swearing that the confinement feeding 4 11 operations siting commission did not consider the proposal as 4 12 required in section 331.309. 4 13 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 4 14 immediate importance, takes effect upon enactment. 4 15 EXPLANATION 4 16 This bill provides that a county may adopt a confinement 4 17 feeding operations siting ordinance. The purpose of the 4 18 ordinance is to allow approval or disapproval of the siting of 4 19 a confinement feeding operation regardless of whether the 4 20 county has adopted an ordinance under Code chapter 335. The 4 21 bill provides that the ordinance applies to the siting of 4 22 animal feeding operation structures which are part of 4 23 confinement feeding operations in which swine are kept. The 4 24 bill provides that ordinance does not apply to a confinement 4 25 feeding operation having an animal weight capacity of swine of 4 26 300,000 pounds or less. The bill provides for approval or 4 27 disapproval by a commission including the board of supervisors 4 28 for the county and members appointed by the board of 4 29 supervisors. The bill requires the commission must meet to 4 30 consider the proposal if 50 eligible voters in the county 4 31 petition the board of supervisors. If 50 eligible voters do 4 32 not submit a petition, the proposal is deemed approved. 4 33 The bill takes effect upon enactment. 4 34 LSB 2846HH 78 4 35 da/jw/5.1
Text: HF00673 Text: HF00675 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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