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House Journal: Page 1445: Friday, April 12, 2002

20 the board shall notify the department that the board
21 has received the application according to procedures
22 required by the department.
23 2. Regardless of whether the county board of
24 supervisors has adopted a construction evaluation
25 resolution, the county may provide comment to the
26 department on a construction permit application for a
27 confinement feeding operation structure.
28 a. The board shall provide for comment as follows:
29 (1) The board shall publish a notice that the
30 board has received the application in a newspaper
31 having a general circulation in the county.
32 (2) The notice shall include all of the following:
33 (a) The name of the person applying to receive the
34 construction permit.
35 (b) The name of the township where the confinement
36 feeding operation structure is to be constructed.
37 (c) Each type of confinement feeding operation
38 structure proposed to be constructed.
39 (d) The animal unit capacity of the confinement
40 feeding operation if the construction permit were to
41 be approved.
42 (e) The time when and the place where the
43 application may be examined as provided in section
44 22.2.
45 (f) Procedures for providing public comments to
46 the board as provided by the board.
47 b. The board may hold a public hearing to receive
48 public comments regarding the application. The county
49 board of supervisors may submit comments by the board
50 and the public to the department as provided in this

Page 25

1 section, including but not limited to all of the
2 following:
3 (1) The existence of an object or location not
4 included in the application that benefits from a
5 separation distance requirement as provided in section
6 455B.162 or 455B.204.
7 (2) The suitability of soils and the hydrology of
8 the site where construction of a confinement feeding
9 operation structure is proposed.
10 (3) The availability of land for the application
11 of manure originating from the confinement feeding
12 operation.
13 (4) Whether the construction of a proposed
14 confinement feeding operation structure will impede
15 drainage through established tile lines, laterals, or
16 other improvements which are constructed to facilitate
17 the drainage of land not owned by the person applying
18 for the construction permit.


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