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House Journal: Page 1446: Friday, April 12, 2002

19 3. A county board of supervisors may adopt a
20 construction evaluation resolution relating to the
21 construction of a confinement feeding operation
22 structure. The board must submit such resolution to
23 the department for filing. If the board has submitted
24 such resolution to the department, the board may
25 evaluate the construction permit application and
26 submit an adopted recommendation to the department to
27 approve or disapprove a construction permit
28 application as provided in this subsection. The board
29 must make its decision to recommend approval or
30 disapproval of the permit application as provided in
31 this subsection.
32 a. For the expansion of a confinement feeding
33 operation that includes a confinement feeding
34 operation structure constructed prior to April 1,
35 2002, the board shall not evaluate a construction
36 permit application for the construction or expansion
37 of a confinement feeding operation structure if after
38 the expansion of the confinement feeding operation,
39 its animal unit capacity is one thousand six hundred
40 sixty-six animal units or less.
41 b. The board must conduct an evaluation of the
42 application using the master matrix as provided in
43 section 455B.200F. The board's recommendation may be
44 based on the master matrix as provided or may be based
45 on comments under this section regardless of the
46 results of the master matrix.
47 c. In completing the master matrix, the board
48 shall not score criteria on a selective basis. The
49 board must score all criteria which is part of the
50 master matrix according to the terms and conditions

Page 26

1 relating to construction as specified in the
2 application or commitments for manure management that
3 are to be incorporated into a manure management plan
4 as provided in section 455B.203.
5 d. The board's adopted recommendation to the
6 department shall include the specific reasons and any
7 supporting documentation for the decision to recommend
8 approval or disapproval of the application.
9 4. The department must receive the county board of
10 supervisor's comments or evaluation for approval or
11 disapproval of an application for a construction
12 permit not later than thirty days following the
13 applicant's delivery of the application to the
14 department. Regardless of whether the department
15 receives comments or an evaluation by a county board
16 of supervisors, the department must approve or
17 disapprove an application for a construction permit


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