Text: H08695                            Text: H08697
Text: H08600 - H08699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8696

Amendment Text

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    335.2  FARMS EXEMPT FARM OPERATIONS EXEMPTION.
  1 39    1.  Except to the extent required to implement
  1 40 section 335.27, no as provided in subsection 2, an
  1 41 ordinance adopted under this chapter applies shall not
  1 42 apply to land, farm farming operations, including
  1 43 farmland and related structures such as houses, farm
  1 44 barns, farm or outbuildings or other buildings or
  1 45 structures which are primarily adapted, by reason of
  1 46 nature and area, for use for agricultural purposes,
  1 47 while so used.  However, the ordinances
  1 48    2.  A county board of supervisors may apply to any
  1 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  5 any a 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 COMMISSION APPOINTED.
  3 34    1.  In order to avail itself of the powers
  3 35 conferred by this chapter, the The board of
  3 36 supervisors shall appoint establish a zoning
  3 37 commission, a.  The board shall appoint members to the
  3 38 commission.  A majority of whose the members shall
  3 39 reside within the county but outside the corporate
  3 40 limits of any city, to be known as the county zoning
  3 41 commission, to recommend.  The zoning commission shall
  3 42 do all of the following:
  3 43    a.  Recommend the boundaries of the various
  3 44 original districts, and appropriate regulations and
  3 45 restrictions to be enforced therein within those
  3 46 districts.  Such The commission shall, with due
  3 47 diligence, prepare a preliminary report and hold
  3 48 public hearings thereon on 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 report of 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, the Iowa
  4 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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