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PAG LIN 1 1 Section 1. NEW SECTION. 335.1A DEFINITIONS. 1 2 As used in this section, unless the context otherwise 1 3 requires: 1 4 1. "Animal feeding operation structure" means the same as 1 5 defined in section 455B.161. 1 6 2. "Animal weight capacity" means the same as defined in 1 7 section 455B.161. 1 8 3. "Confinement feeding operation" means the same as 1 9 defined in section 455B.161. 1 10 4. "Egg washwater storage structure" means the same as 1 11 defined in section 455B.161. 1 12 5. "Farm operation" means a condition or activity which 1 13 occurs on farmland relating to the production of farm products 1 14 which may include but are not limited to any of the following: 1 15 the raising, harvesting, drying, or storage of crops; the care 1 16 or feeding of livestock; the handling or transportation of 1 17 crops or livestock; the storage, treatment, transportation, 1 18 application, or disposal of livestock manure or wastes; the 1 19 operation of farm machinery and irrigation pumps; ground and 1 20 aerial seeding and spraying; and the application of chemical 1 21 fertilizers, conditioners, insecticides, pesticides, and 1 22 herbicides. 1 23 6. "Farm product" means a product produced from a farm 1 24 operation. 1 25 7. "Farmland" means land and buildings used in the 1 26 commercial production of farm products. 1 27 8. "Manure storage structure" means a formed or unformed 1 28 manure storage structure as defined in section 455B.161. 1 29 9. "Small animal feeding operation" means the same as 1 30 defined in section 455B.161. 1 31 Sec. 2. Section 335.2, Code 1999, is amended to read as 1 32 follows: 1 33 335.2FARMS EXEMPTFARM OPERATIONS EXEMPTION. 1 34 1. Exceptto the extent required to implement section1 35335.27, noas provided in subsection 2, an ordinance adopted 2 1 under this chapterappliesshall not apply toland, farm2 2 farming operations, including farmland and related structures 2 3 such as houses,farmbarns,farmor outbuildingsor other2 4buildings or structureswhich are primarily adapted, by reason 2 5 of nature and area, foruse foragricultural purposes, while2 6so used.However, the ordinances2 7 2. A county board of supervisors mayapply to anyadopt an 2 8 ordinance under this chapter which applies to any of the 2 9 following: 2 10 a. The implementation of an agricultural land preservation 2 11 ordinance, as provided in section 335.27. 2 12 b. A structure, building, dam, obstruction, deposit, or 2 13 excavation in or on the flood plains ofanya river or stream. 2 14 c. The siting of a confinement feeding operation, as 2 15 provided in section 335.2A. 2 16 Sec. 3. NEW SECTION. 335.2A CONFINEMENT FEEDING 2 17 OPERATIONS. 2 18 1. Notwithstanding section 331.304A, a county may adopt a 2 19 confinement feeding operations siting ordinance which shall be 2 20 part of other regulations provided in this chapter. The 2 21 ordinance shall regulate the siting of confinement feeding 2 22 operation buildings and related manure storage structures. 2 23 The ordinance shall be subject to adoption by the county board 2 24 of supervisors, upon recommendation by the county's zoning 2 25 commission as provided in section 335.8. The county board of 2 26 supervisors shall adopt the ordinance in the same manner as 2 27 other regulations adopted pursuant to this chapter. 2 28 2. The ordinance shall include a siting plan as follows: 2 29 a. The plan shall do all of the following: 2 30 (1) Preserve the availability of farmland reserved for 2 31 confinement feeding operations. 2 32 (2) Encourage efficient urban development patterns that do 2 33 not burden farmland reserved under the plan for confinement 2 34 feeding operations. The plan shall attempt to prevent 2 35 congestion and overcrowding of confinement feeding operations, 3 1 especially near cities. 3 2 (3) Preserve and protect natural resources, including 3 3 water sources, fragile environmental locations, and 3 4 recreational areas. 3 5 b. The plan may provide different regulations for 3 6 confinement feeding operations based on all of the following: 3 7 (1) The animal weight capacity of the confinement feeding 3 8 operation. 3 9 (2) The type of animal feeding operation structure. 3 10 (3) The proximity of land for the application of manure 3 11 which originates from the confinement feeding operation. 3 12 3. The ordinance shall not apply to any of the following: 3 13 a. A small animal feeding operation. 3 14 b. A confinement feeding operation which stores manure as 3 15 dry matter. 3 16 c. An egg washwater storage structure. 3 17 4. a. The ordinance shall not violate any requirement of 3 18 chapter 455B, or rules adopted by the department of natural 3 19 resources pursuant to that chapter. However, the ordinance 3 20 may provide for separation distance requirements that exceed 3 21 the requirements of chapter 455B, division II, part 2, or 3 22 section 455B.204. The separation distance requirement may be 3 23 based on guidelines established by the department of natural 3 24 resources pursuant to sections 455B.165 and 455B.204 and shall 3 25 to every extent practicable be based on the methodology 3 26 established by the department pursuant to those sections. 3 27 b. The ordinance shall be consistent with the county's 3 28 comprehensive plan as required by section 335.5, and other 3 29 regulations adopted pursuant to this chapter. 3 30 c. The ordinance shall not prohibit the operation of 3 31 confinement feeding operations constructed prior to the 3 32 effective date of the ordinance. 3 33 5. The ordinance shall provide for review and approval or 3 34 disapproval of proposals to construct confinement feeding 3 35 operations, including the construction of a confinement 4 1 building or related manure storage structures. 4 2 a. The ordinance shall provide for methods and procedures 4 3 required for timely submission, review, and approval or 4 4 disapproval of proposals. 4 5 b. The planning and zoning commission shall review each 4 6 proposal and recommend to the board of supervisors that the 4 7 proposal be approved or disapproved. The board of supervisors 4 8 shall approve or disapprove the proposal after considering all 4 9 relevant information, including the commission's 4 10 recommendation. The commission's recommendation and the 4 11 board's decision shall be based solely on whether the proposal 4 12 satisfies the requirements of the ordinance. 4 13 Sec. 4. Section 335.8, Code 1999, is amended to read as 4 14 follows: 4 15 335.8 ZONING COMMISSIONAPPOINTED. 4 16 1.In order to avail itself of the powers conferred by4 17this chapter, theThe board of supervisors shallappoint4 18 establish a zoning commission, a. The board shall appoint 4 19 members to the commission. A majority ofwhosethe members 4 20 shall reside within the county but outside the corporate 4 21 limits of any city, to be known as the county zoning4 22commission, to recommend. The zoning commission shall do all 4 23 of the following: 4 24 a. Recommend the boundaries ofthe variousoriginal 4 25 districts, and appropriate regulations and restrictions to be 4 26 enforcedthereinwithin those districts.SuchThe commission 4 27 shall, with due diligence, prepare a preliminary report and 4 28 hold public hearingsthereonon the preliminary report before 4 29 submitting its final report; and the. The board of 4 30 supervisors shall not hold its public hearings or take action 4 31 until it has received the final reportof such commission. 4 32 After the adoption of such regulations, restrictions, and 4 33 boundaries of districts, the zoning commission may, from time 4 34 to time, recommend to the board of supervisors amendments, 4 35 supplements, changes, or modifications. 5 1 b. Provide for the siting of confinement feeding 5 2 operations as follows: 5 3 (1) The zoning commission shall prepare a confinement 5 4 feeding operations siting ordinance including a plan for 5 5 siting for recommendation to the board of supervisors as 5 6 provided in section 335.2A. The zoning commission shall 5 7 prepare and recommend the ordinance or any amendments, 5 8 supplements, changes, or modifications to the ordinance, in 5 9 the same manner as other regulations pursuant to paragraph 5 10 "a". The zoning commission shall not make a recommendation 5 11 without holding a public hearing in the same manner as 5 12 provided in section 335.6. 5 13 (2) The zoning commission shall review and recommend the 5 14 approval or disapproval of a proposal for the construction of 5 15 a confinement feeding operation as provided in section 335.2A 5 16 based on compliance with the confinement feeding operations 5 17 siting ordinance. 5 18 2. The zoning commission, with the approval of the board 5 19 of supervisors, may contract with professional consultants, 5 20 regional planning commissions, theIowadepartment of economic 5 21 development, the department of natural resources, or the 5 22 federal government, for local planning assistance. 5 23 Sec. 5. Section 455B.165, Code 1999, is amended by adding 5 24 the following new subsection: 5 25 NEW SUBSECTION. 9. A separation distance requirement that 5 26 is provided in a confinement feeding operations siting 5 27 ordinance adopted by a county board of supervisors pursuant to 5 28 section 335.2A. The ordinance shall not include a requirement 5 29 providing a lesser separation distance than is provided for in 5 30 this part. If requested by a county, the department shall 5 31 provide recommendations with guidelines for increasing 5 32 required separation distances based on a methodology which 5 33 considers topographic, hydrologic, climatic, or demographic 5 34 factors. 5 35 Sec. 6. Section 455B.204, subsection 3, Code 1999, is 6 1 amended by adding the following new paragraph: 6 2 NEW PARAGRAPH. c. A separation distance requirement that 6 3 is provided in a confinement feeding operations siting 6 4 ordinance adopted by a county board of supervisors pursuant to 6 5 section 335.2A. The ordinance shall not include a requirement 6 6 providing a closer separation distance than is provided for in 6 7 subsection 2. Upon request by a county, the department shall 6 8 provide recommendations to the county as provided in section 6 9 455B.165. 6 10 EXPLANATION 6 11 This bill amends provisions in Code chapter 335, which 6 12 provides for county zoning. Code section 335.2 provides that 6 13 county zoning does not apply to farming operations. This bill 6 14 amends that section to provide that county zoning does apply 6 15 to the siting of confinement feeding operations. The bill 6 16 provides that a county may adopt a confinement feeding 6 17 operations siting ordinance, including a siting plan, as part 6 18 of its zoning regulations. The plan must preserve the 6 19 availability of farmland reserved for confinement feeding 6 20 operations; encourage efficient urban development patterns; 6 21 lessen congestion and overcrowding of confinement feeding 6 22 operations, especially near cities; and preserve and protect 6 23 natural resources, including water sources, fragile 6 24 environmental locations, and recreational areas. 6 25 The plan may provide different regulations for confinement 6 26 feeding operations based on the animal weight capacity of the 6 27 confinement feeding operation, the type of animal feeding 6 28 operation structure, and the proximity of land for the 6 29 application of manure which originates from the confinement 6 30 feeding operation. The bill provides that the ordinance does 6 31 not apply to small animal feeding operations, confinement 6 32 feeding operations that store manure as dry matter, or egg 6 33 washwater storage structures. The bill provides that an 6 34 ordinance cannot prohibit the operation of a confinement 6 35 feeding operation constructed prior to the effective date of 7 1 the ordinance. 7 2 The bill also provides that the ordinance cannot violate 7 3 any requirement of Code chapter 455B regulating confinement 7 4 feeding operations by the department of natural resources. 7 5 However, the bill provides that the ordinance may provide for 7 6 distance requirements that exceed the requirements of Code 7 7 chapter 455B. The separation distances may be based on 7 8 guidelines established by the department and to every extent 7 9 practicable must be based on methodology established by the 7 10 department. Upon request by a county, the department is 7 11 required to provide the county with guidelines based on a 7 12 methodology which analyzes relevant factors relating to 7 13 topographic, climatic, demographic, or hydrologic conditions. 7 14 LSB 1570XS 78 7 15 da/sc/14.1
Text: SF00340 Text: SF00342 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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