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PAG LIN 1 1 Section 1. NEW SECTION. 335.1A DEFINITIONS. 1 2 As used in this chapter, 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. "Manure storage structure" means a formed or unformed 1 9 manure storage structure as defined in section 455B.161. 1 10 Sec. 2. Section 335.2, Code 2001, is amended to read as 1 11 follows: 1 12 335.2FARMS EXEMPTFARM OPERATIONS EXEMPTION. 1 13 1. Exceptto the extent required to implement section1 14335.27, noas provided in subsection 2, an ordinance adopted 1 15 under this chapterappliesshall not apply toland, farm1 16 farming operations, including farmland and related structures 1 17 such as houses,farmbarns,farmor outbuildingsor other1 18buildings or structureswhich are primarily adapted, by reason 1 19 of nature and area, foruse foragricultural purposes, while1 20so used.However, the ordinances1 21 2. A county board of supervisors mayapply to anyadopt an 1 22 ordinance under this chapter which applies to any of the 1 23 following: 1 24 a. The implementation of an agricultural land preservation 1 25 ordinance, as provided in section 335.27. 1 26 b. A structure, building, dam, obstruction, deposit, or 1 27 excavation in or on the flood plains ofanya river or stream. 1 28 c. The siting of an animal feeding operation, as provided 1 29 in section 335.2A. 1 30 Sec. 3. NEW SECTION. 335.2A ANIMAL FEEDING OPERATIONS – 1 31 SITING ORDINANCE. 1 32 1. Notwithstanding section 331.304A, a county may adopt an 1 33 animal feeding operation siting ordinance which shall be part 1 34 of other regulations provided in this chapter. The ordinance 1 35 shall regulate the siting of animal feeding operations and 2 1 related structures, including manure storage structures. The 2 2 ordinance may be adopted by the county board of supervisors, 2 3 upon recommendation by the county's zoning commission as 2 4 provided in section 335.8. The county board of supervisors 2 5 shall adopt the ordinance in the same manner as other 2 6 regulations adopted pursuant to this chapter. The ordinance 2 7 shall apply to the siting of an animal feeding operation or 2 8 related structure, if after construction the animal weight 2 9 capacity of the animal feeding operation would be one million 2 10 two hundred fifty thousand pounds or more. 2 11 2. The ordinance shall include a plan for mediation in 2 12 order to resolve a dispute between the person proposing to 2 13 construct an animal feeding operation and a related structure 2 14 and a person who objects to the construction as provided in 2 15 section 335.2B. The mediation shall be conducted by the farm 2 16 mediation service. The procedural requirements of mediation 2 17 shall be based to every extent practicable on chapter 654A. 2 18 The mediation shall be conducted by the farm mediation 2 19 service. 2 20 3. The ordinance shall include a siting plan as follows: 2 21 a. The plan shall do all of the following: 2 22 (1) Preserve the availability of farmland reserved for 2 23 animal feeding operations. 2 24 (2) Encourage efficient urban development patterns that do 2 25 not burden farmland reserved under the plan for animal feeding 2 26 operations. The plan shall attempt to prevent congestion and 2 27 overcrowding of animal feeding operations, especially near 2 28 cities. 2 29 (3) Preserve and protect natural resources, including 2 30 water sources, fragile environmental locations, and public use 2 31 areas. 2 32 b. The plan may provide different regulations for animal 2 33 feeding operations based on all of the following: 2 34 (1) The animal weight capacity of the animal feeding 2 35 operation. 3 1 (2) The type of animal feeding operation structure. 3 2 (3) The proximity of land for the application of manure 3 3 which originates from the animal feeding operation. 3 4 4. a. The ordinance shall not violate any requirement of 3 5 chapter 455B, or rules adopted by the department of natural 3 6 resources pursuant to that chapter. However, the ordinance 3 7 may provide for separation distance requirements that exceed 3 8 the requirements of chapter 455B, division II, part 2, or 3 9 section 455B.204. The separation distance requirement may be 3 10 based on guidelines established by the department of natural 3 11 resources pursuant to sections 455B.165 and 455B.204 and shall 3 12 to every extent practicable be based on the methodology 3 13 established by the department pursuant to those sections. 3 14 b. The ordinance shall be consistent with the county's 3 15 comprehensive plan as required by section 335.5, and other 3 16 regulations adopted pursuant to this chapter. 3 17 c. The ordinance shall not prohibit the operation of 3 18 animal feeding operations constructed prior to the effective 3 19 date of the ordinance. 3 20 5. The ordinance shall provide for review and approval or 3 21 disapproval of proposals to construct animal feeding 3 22 operations, including the construction of a confinement 3 23 building or related manure storage structures. 3 24 a. The ordinance shall provide for methods and procedures 3 25 required for timely submission, review, and approval or 3 26 disapproval of proposals. 3 27 b. The planning and zoning commission shall review each 3 28 proposal and recommend to the board of supervisors that the 3 29 proposal be approved or disapproved. The board of supervisors 3 30 shall approve or disapprove the proposal after considering all 3 31 relevant information, including the commission's 3 32 recommendation. The commission's recommendation and the 3 33 board's decision shall be based solely on whether the proposal 3 34 satisfies the requirements of the ordinance. 3 35 Sec. 4. NEW SECTION. 335.2B PUBLIC NOTICE AND MEDIATION 4 1 REQUIRED. 4 2 1. A person shall not construct an animal feeding 4 3 operation or related structure subject to an animal feeding 4 4 operation siting ordinance as provided in section 335.2A or 4 5 apply for a permit to construct the animal feeding operation 4 6 under section 455B.200A, unless the person participates in 4 7 mediation as provided in this section. 4 8 2. The person proposing to construct the animal feeding 4 9 operation shall notify the planning and zoning commission, in 4 10 a manner and according to procedures required by the 4 11 commission. Within ten days following receipt of the notice, 4 12 the commission shall mail a notice to each person residing 4 13 within one mile of the proposed construction site. A person 4 14 required to receive the notice may file a request for 4 15 mediation with the farm mediation service as provided in the 4 16 animal feeding operation siting ordinance within sixty days 4 17 following the date the notice is delivered. The parties shall 4 18 participate in mediation as provided in the animal feeding 4 19 operation siting ordinance. The mediator may call mediation 4 20 meetings during the mediation period, which shall be up to 4 21 forty-two days after the farm mediation service received the 4 22 mediation request. However, if all parties consent, mediation 4 23 may continue after the end of the mediation period. 4 24 3. If the parties sign a mediation agreement, the terms 4 25 and conditions of the mediation agreement shall govern the 4 26 operation of the animal feeding operation parties. The 4 27 mediation agreement becomes effective only upon recording the 4 28 agreement in the office of the recorder of deeds where the 4 29 objecting person resides. If the parties do not sign a 4 30 mediation agreement, the mediator shall sign and shall issue a 4 31 mediation release. After issuance of the release, the county 4 32 zoning board shall consider the proposal to construct the 4 33 animal feeding operation or related structure pursuant to the 4 34 animal feeding operation siting ordinance. 4 35 Sec. 5. Section 335.8, Code 2001, is amended to read as 5 1 follows: 5 2 335.8 ZONING COMMISSIONAPPOINTED. 5 3 1.In order to avail itself of the powers conferred by5 4this chapter, theThe board of supervisors shallappoint5 5 establish a zoning commission, a. The board shall appoint 5 6 members to the commission. A majority ofwhosethe members 5 7 shall reside within the county but outside the corporate 5 8 limits of any city, to be known as the county zoning5 9commission, to recommend. The zoning commission shall do all 5 10 of the following: 5 11 a. Recommend the boundaries ofthe variousoriginal 5 12 districts, and appropriate regulations and restrictions to be 5 13 enforcedthereinwithin those districts.SuchThe commission 5 14 shall, with due diligence, prepare a preliminary report and 5 15 hold public hearingsthereonon the preliminary report before 5 16 submittingitsa final report; and the. The board of 5 17 supervisors shall not holditspublic hearings or take action 5 18 untilitthe board has received the final reportof such5 19commission. After the adoption of such regulations, 5 20 restrictions, and boundaries of districts, the zoning 5 21 commission may, from time to time, recommend to the board of 5 22 supervisors amendments, supplements, changes, or 5 23 modifications. 5 24 b. Provide for the siting of animal feeding operations as 5 25 follows: 5 26 (1) The zoning commission shall prepare an animal feeding 5 27 operation siting ordinance, including a siting plan, for 5 28 recommendation to the board of supervisors as provided in 5 29 section 335.2A. The zoning commission shall prepare and 5 30 recommend the ordinance or any amendments, supplements, 5 31 changes, or modifications to the ordinance, in the same manner 5 32 as other regulations pursuant to paragraph "a". The zoning 5 33 commission shall not make a recommendation without holding a 5 34 public hearing in the same manner as provided in section 5 35 335.6. 6 1 (2) The zoning commission shall review and recommend the 6 2 approval or disapproval of proposals for the construction of 6 3 animal feeding operations as provided in section 335.2A based 6 4 on compliance with the animal feeding operation siting 6 5 ordinance. 6 6 2. The zoning commission, with the approval of the board 6 7 of supervisors, may contract with professional consultants, 6 8 regional planning commissions, theIowadepartment of economic 6 9 development, the department of natural resources, or the 6 10 federal government, for local planning assistance. 6 11 Sec. 6. Section 455B.165, Code 2001, is amended by adding 6 12 the following new subsection: 6 13 NEW SUBSECTION. 9. A separation distance requirement that 6 14 is provided in an animal feeding operation siting ordinance 6 15 adopted by a county board of supervisors pursuant to section 6 16 335.2A, provided that the ordinance shall not include a 6 17 requirement providing a lesser separation distance than is 6 18 provided for in this part. If requested by a county, the 6 19 department shall provide recommendations with guidelines for 6 20 increasing required separation distances based on a 6 21 methodology which considers topographic, hydrologic, climatic, 6 22 or demographic factors. 6 23 Sec. 7. Section 455B.200A, Code 2001, is amended by adding 6 24 the following new subsection: 6 25 NEW SUBSECTION. 8A. The department shall not approve a 6 26 permit for the construction of an animal feeding operation or 6 27 any related structure that is part of an animal feeding 6 28 operation, if after construction the animal feeding operation 6 29 would have an animal weight capacity of one million two 6 30 hundred and fifty thousand pounds or more unless the 6 31 application certifies that the construction satisfies the 6 32 requirements of section 455B.200B. The department may require 6 33 that the applicant provide a statement from the planning and 6 34 zoning commission where the animal feeding operation is 6 35 proposed to be constructed verifying that the animal feeding 7 1 operation complies with the animal feeding operation siting 7 2 ordinance adopted as provided in section 335.2A. 7 3 Sec. 8. NEW SECTION. 455B.200B SITING OF ANIMAL FEEDING 7 4 OPERATIONS – COUNTY PLANNING AND ZONING COMMISSION. 7 5 A person shall not construct an animal feeding operation or 7 6 any related structure, if after construction the animal 7 7 feeding operation would have an animal weight capacity of one 7 8 million two hundred fifty thousand pounds or more unless the 7 9 person complies with the animal feeding operation siting 7 10 ordinance adopted as provided in section 335.2A governing the 7 11 location where the animal feeding operation structure is 7 12 located. 7 13 Sec. 9. Section 455B.204, subsection 3, Code 2001, is 7 14 amended by adding the following new paragraph: 7 15 NEW PARAGRAPH. c. A separation distance requirement that 7 16 is provided in a confinement feeding operation siting 7 17 ordinance adopted by a county board of supervisors pursuant to 7 18 section 335.2A. The ordinance shall not include a requirement 7 19 providing a closer separation distance than is provided for in 7 20 subsection 2. Upon request by a county, the department shall 7 21 provide recommendations to the county as provided in section 7 22 455B.165. 7 23 EXPLANATION 7 24 This bill amends provisions in Code chapter 335, which 7 25 provides for county zoning. Code section 335.2 provides that 7 26 county zoning does not apply to farming operations. This bill 7 27 amends that section to provide that county zoning does apply 7 28 to the siting of animal feeding operations. The bill provides 7 29 that a county may adopt an animal feeding operation siting 7 30 ordinance. The ordinance applies to the construction of 7 31 animal feeding operations with an animal weight capacity of 7 32 1,250,000 pounds or more. 7 33 The ordinance must also provide for a plan for mediation in 7 34 order to resolve a dispute between the owner of the proposed 7 35 animal feeding operation and a person who objects to the 8 1 construction. The bill provides that the person proposing to 8 2 construct the animal feeding operation must participate in 8 3 mediation if a person residing within one mile of the 8 4 construction files a mediation request with the farm mediation 8 5 service. The parties must participate in mediation as 8 6 provided in the animal feeding operation siting ordinance. If 8 7 the parties sign a mediation agreement, the terms and 8 8 conditions of the mediation agreement shall govern the 8 9 parties. If the parties do not sign a mediation agreement, 8 10 the mediator must sign and issue a mediation release. The 8 11 county zoning commission must then consider the proposal 8 12 according to a siting plan. 8 13 The siting plan must preserve the availability of farmland 8 14 reserved for confinement feeding operations; encourage 8 15 efficient urban development patterns; lessen congestion and 8 16 overcrowding of confinement feeding operations, especially 8 17 near cities; and preserve and protect natural resources, 8 18 including water sources, fragile environmental locations, and 8 19 recreational areas. 8 20 The plan may provide different regulations for animal 8 21 feeding operations based on the animal weight capacity of the 8 22 animal feeding operation, the type of animal feeding operation 8 23 structure, and the proximity of land for the application of 8 24 manure which originates from the animal feeding operation. 8 25 The bill provides that an ordinance cannot prohibit the 8 26 operation of an animal feeding operation constructed prior to 8 27 the effective date of the ordinance. 8 28 The bill also provides that the ordinance cannot violate 8 29 any requirement of Code chapter 455B regulating confinement 8 30 feeding operations by the department of natural resources. 8 31 However, the bill provides that the ordinance may provide for 8 32 distance requirements that exceed the requirements of Code 8 33 chapter 455B. The separation distances may be based on 8 34 guidelines established by the department and, to every extent 8 35 practicable, must be based on methodology established by the 9 1 department. Upon request by a county, the department is 9 2 required to provide the county with guidelines based on a 9 3 methodology which analyzes relevant factors relating to 9 4 topographic, climatic, demographic, or hydrologic conditions. 9 5 LSB 2942XS 79 9 6 da/pj/5
Text: SF00505 Text: SF00507 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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