Text: HF00562 Text: HF00564 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.304A, Code 2003, is amended to read 1 2 as follows: 1 3 331.304A LIMITATIONS ON COUNTY LEGISLATION CONFINEMENT 1 4 FEEDING OPERATION SITING ORDINANCES. 1 5 1. As used in this section: 1 6 a. "Aerobic structure", "animal", "animal feeding 1 7 operation", "animal feeding operation structure",and1 8 "confinement feeding operation", "confinement feeding 1 9 operation structure", "manure", and "small animal feeding 1 10 operation" mean the same as defined in section 459.102. 1 11 b. "County legislation" means any ordinance, motion, 1 12 resolution, or amendment adopted by a county pursuant to 1 13 section 331.302. 1 14 2. a.AExcept as provided in paragraph "b", a county 1 15 shall not adopt or enforce county legislation regulating a 1 16 condition or activity occurring on land used for the 1 17 production, care, feeding, or housing of animals unless the 1 18 regulation of the production, care, feeding, or housing of 1 19 animals is expressly authorized by state law. County 1 20 legislation adopted in violation of this section is void and 1 21 unenforceable and any enforcement activity conducted in 1 22 violation of this section is void. A condition or activity 1 23 occurring on land used for the production, care, feeding, or 1 24 housing of animals includes but is not limited to the 1 25 construction, operation, or management of an animal feeding 1 26 operation, an animal feeding operation structure, or aerobic 1 27 structure, and to the storage, handling, or application of 1 28 manure or egg washwater. 1 29 b. (1) A county may adopt a confinement feeding 1 30 operations siting ordinance pursuant to section 331.302. The 1 31 purpose of the ordinance shall be to designate areas for the 1 32 construction of confinement feeding operation structures 1 33 regardless of whether the county has adopted an ordinance 1 34 under chapter 335 or has filed a county construction 1 35 evaluation resolution with the department of natural resources 2 1 pursuant to section 459.304. 2 2 (2) The county shall adopt or amend a confinement feeding 2 3 operations siting ordinance only after considering the 2 4 recommendation of a confinement feeding operations siting 2 5 commission which shall be established by a county adopting or 2 6 amending an ordinance. The board shall appoint five persons 2 7 as members of the commission. Four members shall not reside 2 8 in a city and one member shall reside in a city. At least 2 9 three of the members shall be persons who are or were actively 2 10 engaged in animal agriculture. 2 11 (3) The ordinance shall apply to the siting of confinement 2 12 feeding operation structures that are part of confinement 2 13 feeding operations in which swine are kept. However, the 2 14 ordinance shall not apply to a small animal feeding operation. 2 15 The designation of sites for construction shall be based on 2 16 criteria required in order to preserve and protect natural 2 17 resources, including water sources and fragile environmental 2 18 locations; lessen congestion and overcrowding of confinement 2 19 feeding operations, especially near cities; and protect the 2 20 health and welfare of the public. 2 21 Sec. 2. Section 335.2, Code 2003, is amended to read as 2 22 follows: 2 23 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 2 24 Exceptto the extent required to implementas provided in 2 25 this section335.27, no, an ordinance adopted under this 2 26 chapterappliesshall not apply to an agricultural operation 2 27 including but not limited to land, farm houses, farm barns,2 28farm outbuildings or other buildingsor structures which are 2 29 primarily adapted, by reason of nature and area,for usefor 2 30 an agriculturalpurposespurpose, while so used. However,the2 31ordinancesan ordinance adopted under this chapter may apply 2 32 to any of the following: 2 33 1. The implementation of an agricultural land preservation 2 34 ordinance as provided in section 335.27. 2 35 2. The implementation of a confinement feeding operations 3 1 siting ordinance as provided in section 334.304A. 3 2 3. A structure, building, dam, obstruction, deposit or 3 3 excavation in or on the flood plains ofanya river or stream. 3 4 Sec. 3. Section 459.303, subsection 1, unnumbered 3 5 paragraph 1, Code 2003, is amended to read as follows: 3 6 The department shall approve or disapprove applications for 3 7 permits for the construction, including the expansion, of 3 8 confinement feeding operation structures, as provided by rules 3 9 adopted pursuant to this chapter. The department's decision 3 10 to approve or disapprove a permit for the construction of a 3 11 confinement feeding operation structure shall be based on 3 12 whether the application is submitted according to procedures 3 13 required by the department and the application meets standards 3 14 established by the department. The department shall not 3 15 approve an application for the construction of a confinement 3 16 feeding operation structure if the construction would be in 3 17 violation of a confinement feeding operations siting ordinance 3 18 adopted pursuant to section 331.304A that is filed with the 3 19 department pursuant to section 459.304. A person shall not 3 20 begin construction of a confinement feeding operation 3 21 structure requiring a permit under this section, unless the 3 22 department first approves the person's application and issues 3 23 to the person a construction permit. The department shall 3 24 provide conditions for requiring when a person must obtain a 3 25 construction permit. 3 26 Sec. 4. Section 459.304, subsection 2, paragraph b, Code 3 27 2003, is amended by adding the following new subparagraph: 3 28 NEW SUBPARAGRAPH. (5) Whether the construction of a 3 29 proposed confinement feeding operation structure violates a 3 30 confinement feeding operations siting ordinance adopted by the 3 31 county board of supervisors pursuant to section 331.304A. 3 32 Sec. 5. Section 459.304, Code 2003, is amended by adding 3 33 the following new subsection: 3 34 NEW SUBSECTION. 2A. A county board of supervisors that 3 35 has adopted a confinement feeding operations siting ordinance 4 1 pursuant to section 331.304A shall file the most current 4 2 version of the ordinance with the department according to 4 3 procedures required by the department. 4 4 EXPLANATION 4 5 This bill enacts and amends several provisions relating to 4 6 confinement feeding operations regulated by the department of 4 7 natural resources. The bill includes amendments to provisions 4 8 under the "Animal Agriculture Compliance Act" that were 4 9 amended, enacted, and consolidated in Code chapter 459 during 4 10 the 2002 legislative sessions pursuant to Senate File 2293 and 4 11 House File 2627 (2002 Iowa Acts, ch. 1137, and 2002 Iowa Acts, 4 12 Second Extraordinary Session, ch. 1003). 4 13 The bill amends Code sections 331.304A and 335.2, which 4 14 prohibit a county board of supervisors from adopting zoning 4 15 and other types of ordinances that restrict where a 4 16 confinement feeding operation structure may be constructed. 4 17 These structures include confinement buildings (buildings that 4 18 are totally roofed) and manure storage facilities. The bill 4 19 authorizes a county board of supervisors to adopt such an 4 20 ordinance regardless of whether it has adopted county zoning. 4 21 The ordinance is referred to as a confinement feeding 4 22 operations siting ordinance. It applies to confinement 4 23 feeding operations in which swine are kept. It does not apply 4 24 to small animal feeding operations. The bill provides that a 4 25 county board of supervisors can only adopt such an ordinance 4 26 after reviewing recommendations made to it by a special 4 27 commission. 4 28 The bill also amends Code section 459.303, which requires 4 29 the department to issue permits for the construction of 4 30 confinement feeding operation structures. The bill provides 4 31 that the department must disapprove an application for a 4 32 permit to construct a structure if it would violate a 4 33 confinement feeding operations siting ordinance. The bill 4 34 amends Code section 459.304 by requiring the county to file 4 35 its current ordinance with the department, and providing that 5 1 the county may submit comments to the department informing the 5 2 department that the application is in violation of the 5 3 county's ordinance. 5 4 LSB 1374YH 80 5 5 da/cl/14
Text: HF00562 Text: HF00564 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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