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House File 563

Partial Bill History

Bill Text

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", and
  1  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.  A Except 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    335.2  FARMS AGRICULTURAL PURPOSES EXEMPT.
  2 24    Except to the extent required to implement as provided in
  2 25 this section 335.27, no, an ordinance adopted under this
  2 26 chapter applies shall not apply to an agricultural operation
  2 27 including but not limited to land, farm houses, farm barns,
  2 28 farm outbuildings or other buildings or structures which are
  2 29 primarily adapted, by reason of nature and area, for use for
  2 30 an agricultural purposes purpose, while so used.  However, the
  2 31 ordinances an 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 of any a 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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