Text: H08695 Text: H08697 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2293, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by inserting after line 13, the 1 4 following: 1 5 "Sec. . NEW SECTION. 335.1A DEFINITIONS. 1 6 As used in this section, unless the context 1 7 otherwise requires: 1 8 1. "Animal unit capacity" means the same as 1 9 defined in section 455B.161. 1 10 2. "Confinement feeding operation" means the same 1 11 as defined in section 455B.161. 1 12 3. "Confinement feeding operation structure" means 1 13 the same as defined in section 455B.161. 1 14 4. "Egg washwater storage structure" means the 1 15 same as defined in section 455B.161. 1 16 5. "Farm operation" means a condition or activity 1 17 which occurs on farmland relating to the production of 1 18 farm products which may include but are not limited to 1 19 any of the following: the raising, harvesting, 1 20 drying, or storage of crops; the care or feeding of 1 21 livestock; the handling or transportation of crops or 1 22 livestock; the storage, treatment, transportation, 1 23 application, or disposal of livestock manure or 1 24 wastes; the operation of farm machinery and irrigation 1 25 pumps; ground and aerial seeding and spraying; and the 1 26 application of chemical fertilizers, conditioners, 1 27 insecticides, pesticides, and herbicides. 1 28 6. "Farm product" means a product produced from a 1 29 farm operation. 1 30 7. "Farmland" means land and buildings used in the 1 31 commercial production of farm products. 1 32 8. "Manure storage structure" means the same as 1 33 defined in section 455B.161. 1 34 9. "Small animal feeding operation" means the same 1 35 as defined in section 455B.161. 1 36 Sec. . Section 335.2, Code 2001, is amended to 1 37 read as follows: 1 38 335.2FARMS EXEMPTFARM OPERATIONS EXEMPTION. 1 39 1. Exceptto the extent required to implement1 40section 335.27, noas provided in subsection 2, an 1 41 ordinance adopted under this chapterappliesshall not 1 42 apply toland, farmfarming operations, including 1 43 farmland and related structures such as houses,farm1 44 barns,farmor outbuildingsor other buildings or1 45structureswhich are primarily adapted, by reason of 1 46 nature and area, foruse foragricultural purposes,1 47while so used.However, the ordinances1 48 2. A county board of supervisors mayapply to any1 49 adopt an ordinance under this chapter which applies to 1 50 any of the following: 2 1 a. The implementation of an agricultural land 2 2 preservation ordinance, as provided in section 335.27. 2 3 b. A structure, building, dam, obstruction, 2 4 deposit, or excavation in or on the flood plains of 2 5anya river or stream. 2 6 c. The siting of a confinement feeding operation, 2 7 as provided in section 335.2A. 2 8 Sec. . NEW SECTION. 335.2A CONFINEMENT 2 9 FEEDING OPERATIONS. 2 10 1. Notwithstanding section 331.304A, a county may 2 11 adopt a confinement feeding operations siting 2 12 ordinance which shall be part of other regulations 2 13 provided in this chapter. The ordinance shall 2 14 regulate the siting of confinement feeding operation 2 15 structures, including the construction and expansion 2 16 of confinement feeding operation structures. The 2 17 ordinance shall be subject to adoption by the county 2 18 board of supervisors, upon recommendation by the 2 19 county's zoning commission as provided in section 2 20 335.8. The county board of supervisors shall adopt 2 21 the ordinance in the same manner as other regulations 2 22 adopted pursuant to this chapter. 2 23 2. The ordinance shall include a siting plan as 2 24 follows: 2 25 a. The plan shall do all of the following: 2 26 (1) Preserve the availability of farmland reserved 2 27 for confinement feeding operations. 2 28 (2) Encourage efficient urban development patterns 2 29 that do not burden farmland reserved under the plan 2 30 for confinement feeding operations. The plan shall 2 31 attempt to prevent congestion and overcrowding of 2 32 confinement feeding operations, especially near 2 33 cities. 2 34 (3) Preserve and protect natural resources, 2 35 including water sources, fragile environmental 2 36 locations, and recreational areas. 2 37 b. The plan may provide different regulations for 2 38 confinement feeding operations based on all of the 2 39 following: 2 40 (1) The animal unit capacity of the confinement 2 41 feeding operation. 2 42 (2) The type of confinement feeding operation 2 43 structure proposed to be constructed. 2 44 (3) The proximity of land for the application of 2 45 manure which originates from the confinement feeding 2 46 operation. 2 47 3. The ordinance shall not apply to a small animal 2 48 feeding operation. 2 49 4. a. The ordinance shall not violate any 2 50 requirement of chapter 455B, or rules adopted by the 3 1 department of natural resources pursuant to that 3 2 chapter. However, the ordinance may provide for 3 3 separation distance requirements that exceed the 3 4 requirements of chapter 455B, division II, part 2, or 3 5 section 455B.204. The separation distance requirement 3 6 may be based on guidelines established by the 3 7 department of natural resources pursuant to sections 3 8 455B.165 and 455B.204 and shall to every extent 3 9 practicable be based on the methodology established by 3 10 the department pursuant to those sections. 3 11 b. The ordinance shall be consistent with the 3 12 county's comprehensive plan as required by section 3 13 335.5, and other regulations adopted pursuant to this 3 14 chapter. 3 15 c. The ordinance shall not prohibit the operation 3 16 of confinement feeding operations constructed prior to 3 17 the effective date of the ordinance. 3 18 5. The ordinance shall provide for review and 3 19 approval or disapproval of proposals to construct 3 20 confinement feeding operation structures. 3 21 a. The ordinance shall provide for methods and 3 22 procedures required for timely submission, review, and 3 23 approval or disapproval of proposals. 3 24 b. The planning and zoning commission shall review 3 25 each proposal and recommend to the board of 3 26 supervisors that the proposal be approved or 3 27 disapproved. The board of supervisors shall approve 3 28 or disapprove the proposal after considering all 3 29 relevant information, including the commission's 3 30 recommendation. 3 31 Sec. . Section 335.8, Code 2001, is amended to 3 32 read as follows: 3 33 335.8 ZONING COMMISSIONAPPOINTED. 3 34 1.In order to avail itself of the powers3 35conferred by this chapter, theThe board of 3 36 supervisors shallappointestablish a zoning 3 37 commission, a. The board shall appoint members to the 3 38 commission. A majority ofwhosethe members shall 3 39 reside within the county but outside the corporate 3 40 limits of any city, to be known as the county zoning3 41commission, to recommend. The zoning commission shall 3 42 do all of the following: 3 43 a. Recommend the boundaries ofthe various3 44 original districts, and appropriate regulations and 3 45 restrictions to be enforcedthereinwithin those 3 46 districts.SuchThe commission shall, with due 3 47 diligence, prepare a preliminary report and hold 3 48 public hearingsthereonon the preliminary report 3 49 before submitting its final report; and the. The 3 50 board of supervisors shall not hold its public 4 1 hearings or take action until it has received the 4 2 final reportof such commission. After the adoption 4 3 of such regulations, restrictions, and boundaries of 4 4 districts, the zoning commission may, from time to 4 5 time, recommend to the board of supervisors 4 6 amendments, supplements, changes, or modifications. 4 7 b. Provide for the siting of confinement feeding 4 8 operations as follows: 4 9 (1) The zoning commission shall prepare a 4 10 confinement feeding operations siting ordinance 4 11 including a plan for siting for recommendation to the 4 12 board of supervisors as provided in section 335.2A. 4 13 The zoning commission shall prepare and recommend the 4 14 ordinance or any amendments, supplements, changes, or 4 15 modifications to the ordinance, in the same manner as 4 16 other regulations pursuant to paragraph "a". The 4 17 zoning commission shall not make a recommendation 4 18 without holding a public hearing in the same manner as 4 19 provided in section 335.6. 4 20 (2) The zoning commission shall review and 4 21 recommend the approval or disapproval of a proposal 4 22 for the construction of a confinement feeding 4 23 operation as provided in section 335.2A based on 4 24 compliance with the confinement feeding operations 4 25 siting ordinance. 4 26 2. The zoning commission, with the approval of the 4 27 board of supervisors, may contract with professional 4 28 consultants, regional planning commissions, theIowa4 29 department of economic development, the department of 4 30 natural resources, or the federal government, for 4 31 local planning assistance." 4 32 #2. Page 16, by inserting after line 15, the 4 33 following: 4 34 "Sec. . Section 455B.165, Code 2001, is amended 4 35 by adding the following new subsection: 4 36 NEW SUBSECTION. 9. A separation distance 4 37 requirement that is provided in a confinement feeding 4 38 operation siting ordinance adopted by a county board 4 39 of supervisors pursuant to section 335.2A. The 4 40 ordinance shall not include a requirement providing a 4 41 lesser separation distance than is provided for in 4 42 this part. If requested by a county, the department 4 43 shall provide recommendations with guidelines for 4 44 increasing required separation distances based on a 4 45 methodology which considers topographic, hydrologic, 4 46 climatic, or demographic factors." 4 47 #3. Page 19, by striking lines 2 through 8, and 4 48 inserting the following: "management plans required 4 49 under this subpart." 4 50 #4. Page 20, by striking lines 23 through 28 and 5 1 inserting the following: "of this chapter. The 5 2 department shall approve the application". 5 3 #5. Page 21, by striking lines 14 and 15. 5 4 #6. Page 26, by striking lines 1 through 10. 5 5 #7. Page 30, by striking line 6, and inserting the 5 6 following: "APPLICATION PROCEDURE." 5 7 #8. Page 30, by striking lines 21 through 23 and 5 8 inserting the following: 5 9 "2. A county board of supervisors may provide 5 10 comment to the department on a construction permit". 5 11 #9. By striking page 31, line 25 through page 32, 5 12 line 24. 5 13 #10. Page 32, line 26, by striking the words "or 5 14 evaluation". 5 15 #11. Page 32, line 30, by striking the words "or 5 16 an evaluation". 5 17 #12. By striking page 33, line 16, through page 5 18 34, line 18. 5 19 #13. Page 34, lines 23 and 24, by striking the 5 20 words "that has adopted a construction evaluation 5 21 resolution". 5 22 #14. Page 35, by striking lines 22 through 30, and 5 23 inserting the following: "case as a contested case 5 24 proceeding under chapter 17A. If the". 5 25 #15. Page 36, by striking lines 6 through 9, and 5 26 inserting the following: "proceeding under chapter 5 27 17A. The decision by the". 5 28 #16. By striking page 36, line 21, through page 5 29 38, line 13. 5 30 #17. Page 48, by inserting after line 18 the 5 31 following: 5 32 "3A. A county board of supervisors may increase a 5 33 separation distance requirement provided in this 5 34 section as provided in a confinement feeding operation 5 35 siting ordinance as provided in section 335.2A. The 5 36 ordinance shall not include a requirement providing a 5 37 closer separation distance than is provided for in 5 38 subsection 2. Upon request by a county, the 5 39 department shall provide recommendations to the county 5 40 as provided in section 455B.165." 5 41 #18. By striking page 56, line 10, through page 5 42 64, line 3. 5 43 #19. Page 64, by striking lines 7 through 10. 5 44 #20. Page 68, by striking lines 21 through 23. 5 45 5 46 5 47 5 48 SCHRADER of Marion 5 49 5 50 6 1 6 2 REYNOLDS of Van Buren 6 3 6 4 6 5 6 6 FALLON of Polk 6 7 SF 2293.736 79 6 8 da/cls
Text: H08695 Text: H08697 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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