Text: HF02369 Text: HF02371 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 459.211 CONFINEMENT FEEDING
1 2 OPERATION STRUCTURES BENEFITING FROM SEPARATION DISTANCE
1 3 REQUIREMENTS.
1 4 Notwithstanding section 459.205, subsection 1, all of the
1 5 following apply:
1 6 1. a. Except as provided in subsection 2, this subsection
1 7 applies to a residence not owned by the owner of a confinement
1 8 feeding operation, a commercial enterprise, a bona fide
1 9 religious institution, or an educational institution
1 10 constructed on or after July 1, 2004, and to the expansion of
1 11 such a structure on or after July 1, 2004.
1 12 b. The following table represents the minimum separation
1 13 distance in feet required between a structure provided in
1 14 paragraph "a" and a confinement feeding operation structure:
1 15 For a
1 16 confinement
1 17 For a feeding For a
1 18 confinement operation confinement
1 19 feeding having an feeding
1 20 operation animal unit operation
1 21 having an capacity of having an
1 22 animal unit 1,000 or animal unit
1 23 capacity of more but capacity of
1 24 less than less than 3,000 or
1 25 1,000 3,000 more animal
1 26 Type of structure animal units animal units units
1 27 _______________________________________________________________
1 28 Anaerobic lagoon 1,875 2,500 3,000
1 29 Uncovered earthen manure
1 30 storage basin 1,875 2,500 3,000
1 31 Uncovered formed manure
1 32 storage structure 1,500 2,000 2,500
1 33 Covered earthen manure
1 34 storage basin 1,250 1,875 2,375
1 35 Covered formed manure
2 1 storage structure 1,250 1,875 2,375
2 2 Confinement building 1,250 1,875 2,375
2 3 Egg washwater storage
2 4 structure 1,000 1,500 2,000
2 5 2. a. This subsection applies to all of the following:
2 6 (1) A public use area established on or after July 1,
2 7 2004, or to the expansion of a public use area on or after
2 8 July 1, 2004.
2 9 (2) A residence not owned by the owner of the confinement
2 10 feeding operation, a commercial enterprise, a bona fide
2 11 religious institution, or an educational institution, if such
2 12 structure was constructed on or after July 1, 2004, and to the
2 13 expansion of a structure on or after July 1, 2004, and if the
2 14 structure is located within the corporate limits of a city.
2 15 b. The following table represents the minimum separation
2 16 distance in feet required between a public use area or a
2 17 structure provided in paragraph "a" and a confinement feeding
2 18 operation structure:
2 19 For a
2 20 confinement
2 21 For a feeding For a
2 22 confinement operation confinement
2 23 feeding having an feeding
2 24 operation animal unit operation
2 25 having an capacity of having an
2 26 animal unit 1,000 or animal unit
2 27 capacity of more but capacity of
2 28 less than less than 3,000 or
2 29 1,000 3,000 more animal
2 30 Type of structure animal units animal units units
2 31 _______________________________________________________________
2 32 Confinement feeding
2 33 operation structure 1,875 2,500 3,000
2 34 EXPLANATION
2 35 This bill amends provisions in Code chapter 459, relating
3 1 to the regulation of animal feeding operations by the
3 2 department of natural resources, including confinement feeding
3 3 operations.
3 4 Various provisions of the chapter require separation
3 5 distance requirements to be established between confinement
3 6 feeding operation structures (buildings, manure storage areas,
3 7 and egg washwater storage areas) and homes, schools,
3 8 businesses, and churches. Different separation distance
3 9 requirements apply between confinement feeding operation
3 10 structures and public use areas (portions of parks and
3 11 cemeteries) or homes, schools, businesses, and churches.
3 12 The bill prohibits a person from establishing or expanding
3 13 a home, school, business, church, or public use area within
3 14 the same separation distances that apply to prohibiting the
3 15 construction or expansion of a confinement feeding operation
3 16 structure within proximity of one of these places. There is
3 17 one exception: the current Code chapter's requirements do not
3 18 apply to the construction of small animal feeding operations
3 19 (having an animal unit capacity of 500 or fewer animal units).
3 20 The bill provides that the new separation distance
3 21 requirements preclude the establishment or expansion of one of
3 22 the places in proximity to a confinement feeding operation
3 23 structure, regardless of the confinement feeding operation's
3 24 size.
3 25 Generally, a person who violates a provision of Code
3 26 chapter 459, subchapter II, is subject to a civil penalty not
3 27 to exceed $10,000 (see Code sections 459.602 and 455B.109).
3 28 LSB 5402HH 80
3 29 da/pj/5.1
Text: HF02369 Text: HF02371 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Mar 4 03:30:27 CST 2004
URL: /DOCS/GA/80GA/Legislation/HF/02300/HF02370/040225.html
jhf