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1 1 Section 1. NEW SECTION. 335.26 RURAL RESIDENCES –
1 2 SETBACK DISTANCES FROM ANIMAL FEEDING OPERATIONS.
1 3 1. As used in this section:
1 4 a. "Animal feeding operation" means a lot, yard, corral,
1 5 building, or other area in which animals are confined, fed,
1 6 and maintained for forty-five days or more in any twelve-month
1 7 period, and all structures or areas used for the storage of
1 8 manure, compost, egg washwater, or settled open feedlot
1 9 effluent. However, "animal feeding operation" does not
1 10 include any of the following:
1 11 (1) An area where crop, vegetation, or forage is grown or
1 12 residue cover is maintained during the period that animals are
1 13 confined in the area.
1 14 (2) An area which has an animal unit capacity of less than
1 15 two hundred animal units.
1 16 b. "Animal unit" means a unit of measurement based upon
1 17 the product of multiplying the number of animals of each
1 18 category by a special equivalency factor as follows:
1 19 (1) Slaughter or feeder cattle ........................ 1.000
1 20 (2) Immature dairy cattle ............................. 1.000
1 21 (3) Mature dairy cattle ............................... 1.400
1 22 (4) Butcher or breeding swine weighing more than
1 23 fifty-five pounds ......................................... 0.400
1 24 (5) Swine weighing fifteen pounds or more but not
1 25 more than fifty-five pounds ............................... 0.100
1 26 (6) Sheep or lambs .................................... 0.100
1 27 (7) Horses ............................................ 2.000
1 28 (8) Turkeys weighing one hundred twelve ounces or
1 29 more ...................................................... 0.018
1 30 (9) Turkeys weighing less than one hundred twelve
1 31 ounces ................................................... 0.0085
1 32 (10) Chickens weighing forty-eight ounces or more
1 33 ........................................................... 0.010
1 34 (11) Chickens weighing less than forty-eight
1 35 ounces ................................................... 0.0025
2 1 c. "Animal unit capacity" means a measurement used to
2 2 determine the maximum number of animal units that may be
2 3 maintained as part of an animal feeding operation at any one
2 4 time.
2 5 d. "Confinement feeding operation" means an animal feeding
2 6 operation in which animals are confined to areas which are
2 7 totally roofed, if one of the following applies:
2 8 (1) The operation includes an unformed manure storage
2 9 structure.
2 10 (2) The operation has an animal unit capacity of more than
2 11 five hundred animal units.
2 12 e. "Construct" means erecting a new building. It does not
2 13 include the expansion, repair, maintenance, or renovation of
2 14 an existing building.
2 15 f. "Rural residence" means a house, multifamily dwelling,
2 16 or other building, including any structure attached to the
2 17 building, which is located outside the incorporated limits of
2 18 a city and is used as a place of habitation for humans on a
2 19 permanent and frequent basis.
2 20 2. a. A rural residence constructed on or after the
2 21 effective date of this Act shall be located at a minimum
2 22 setback distance of one thousand two hundred fifty feet from
2 23 an animal feeding operation other than a confinement feeding
2 24 operation.
2 25 b. A rural residence constructed on or after the effective
2 26 date of this Act shall be located at a minimum setback
2 27 distance from a confinement feeding operation structure which
2 28 is part of the confinement feeding operation as follows:
2 29 For a
2 30 confinement
2 31 For a feeding For a
2 32 confinement operation confinement
2 33 feeding having an feeding
2 34 operation animal unit operation
2 35 having an capacity of having an
3 1 animal unit 1,000 or animal unit
3 2 capacity of more but capacity of
3 3 less than less than 3,000 or
3 4 1,000 3,000 more animal
3 5 Type of structure animal units animal units units
3 6 _______________________________________________________________
3 7 Anaerobic lagoon 1,875 2,500 3,000
3 8 Uncovered earthen manure
3 9 storage basin 1,875 2,500 3,000
3 10 Uncovered formed manure
3 11 storage structure 1,500 2,000 2,500
3 12 Covered earthen manure
3 13 storage basin 1,250 1,875 2,375
3 14 Covered formed manure
3 15 storage structure 1,250 1,875 2,375
3 16 Confinement building 1,250 1,875 2,375
3 17 Egg washwater storage
3 18 structure 1,000 1,500 2,000
3 19 3. A person shall not construct a rural residence in
3 20 violation of this setback distance on or after the effective
3 21 date of this Act. The setback distance between the rural
3 22 residence and an animal feeding operation shall be measured in
3 23 feet from their closest points. The minimum setback distance
3 24 for a rural residence from a confinement feeding operation
3 25 shall be determined from the closest type of confinement
3 26 feeding operation structure to the rural residence.
3 27 4. This section shall not apply to the construction of a
3 28 rural residence if any of the following applies:
3 29 a. The titleholder of the land where the rural residence
3 30 is to be constructed or has been constructed is also the owner
3 31 of the animal feeding operation from which the setback
3 32 distance is required.
3 33 b. A written waiver is executed between the titleholder of
3 34 the land where the rural residence is to be constructed or has
3 35 been constructed and the titleholder of the land where the
4 1 animal feeding operation is located. The rural residence
4 2 shall be constructed under such terms and conditions that the
4 3 parties negotiate. The written waiver must at least include
4 4 all of the following:
4 5 (1) The animal species confined, fed, and maintained as
4 6 part of the animal feeding operation.
4 7 (2) Each type of manure storage structure which is part of
4 8 the animal feeding operation.
4 9 (3) Whether the animal feeding operation is a confinement
4 10 operation.
4 11 The titleholder of the land where the animal feeding
4 12 operation is located shall enter into good faith discussions
4 13 with the titleholder of the land where the rural residence is
4 14 to be constructed or has been constructed in order to execute
4 15 the waiver.
4 16 A written waiver under this paragraph becomes effective
4 17 only when the waiver is filed with the office of the recorder
4 18 of each county in which the land subject to the waiver is
4 19 located. The waiver shall be indexed and recorded in the same
4 20 manner as other instruments affecting such land. The waiver
4 21 shall serve as a covenant, run with the land subject to the
4 22 waiver, and bind the present titleholders and their successors
4 23 or assigns.
4 24 5. Notwithstanding any provision in this chapter to the
4 25 contrary, the county government in the county where a rural
4 26 residence may be constructed or has been constructed shall
4 27 enforce the provisions of this section.
4 28 a. The county government shall bring an action in district
4 29 court for an injunction to restrain a person from violating
4 30 this section. The county government shall not be required to
4 31 post a bond.
4 32 b. The county government shall not provide for a variance
4 33 or waiver other than as provided in this section. The
4 34 provisions of this section shall apply regardless of whether
4 35 the county board of supervisors has adopted a zoning ordinance
5 1 pursuant to this chapter or whether the animal feeding
5 2 operation benefiting from the setback distance is located in
5 3 that county.
5 4 c. If a county board of supervisors has not adopted an
5 5 ordinance pursuant to this chapter, or has adopted an
5 6 ordinance pursuant to this chapter that does not include a
5 7 setback distance as required in this section, the county
5 8 government shall impose, assess, and collect a civil penalty
5 9 as if it were a county infraction under chapter 331. Each day
5 10 that a rural residence is constructed or located in violation
5 11 of this section constitutes a separate violation.
5 12 Sec. 2. NEW SECTION. 414.27 RESIDENCES – SETBACK
5 13 DISTANCES FROM ANIMAL FEEDING OPERATIONS.
5 14 1. As used in this section:
5 15 a. "Animal feeding operation" means a lot, yard, corral,
5 16 building, or other area in which animals are confined and fed
5 17 and maintained for forty-five days or more in any twelve-month
5 18 period, and all structures or areas used for the storage of
5 19 manure, compost, egg washwater, or settled open feedlot
5 20 effluent. However, "animal feeding operation" does not
5 21 include any of the following:
5 22 (1) An area where crop, vegetation, or forage is grown or
5 23 residue cover is maintained during the period that animals are
5 24 confined in the area.
5 25 (2) An area which has an animal unit capacity of less than
5 26 two hundred fifty animal units.
5 27 b. "Animal unit" means a unit of measurement based upon
5 28 the product of multiplying the number of animals of each
5 29 category by a special equivalency factor as follows:
5 30 (1) Slaughter or feeder cattle......................... 1.000
5 31 (2) Immature dairy cattle ............................. 1.000
5 32 (3) Mature dairy cattle ............................... 1.400
5 33 (4) Butcher or breeding swine weighing more than
5 34 fifty-five pounds ......................................... 0.400
5 35 (5) Swine weighing fifteen pounds or more but not
6 1 more than fifty-five pounds ............................... 0.100
6 2 (6) Sheep or lambs .................................... 0.100
6 3 (7) Horses ............................................ 2.000
6 4 (8) Turkeys weighing one hundred twelve ounces or
6 5 more ...................................................... 0.018
6 6 (9) Turkeys weighing less than one hundred twelve
6 7 ounces ................................................... 0.0085
6 8 (10) Chickens weighing forty-eight ounces or more
6 9 ........................................................... 0.010
6 10 (11) Chickens weighing less than forty-eight
6 11 ounces ................................................... 0.0025
6 12 c. "Animal unit capacity" means a measurement used to
6 13 determine the maximum number of animal units that may be
6 14 maintained as part of an animal feeding operation at any one
6 15 time.
6 16 d. "Confinement feeding operation" means an animal feeding
6 17 operation in which animals are confined to areas which are
6 18 totally roofed, if one of the following applies:
6 19 (1) The operation includes an unformed manure storage
6 20 structure.
6 21 (2) The operation has an animal unit capacity of more than
6 22 five hundred animal units.
6 23 e. "Construct" means erecting a new building. It does not
6 24 include the expansion, repair, maintenance, or renovation of
6 25 an existing building.
6 26 f. "Residence" means a house, multifamily dwelling, or
6 27 other building, including any structure attached to the
6 28 building, which is located inside the incorporated limits of a
6 29 city or within the extended zoning jurisdiction of a city as
6 30 provided in section 414.23, and which is used as a place of
6 31 habitation for humans on a permanent and frequent basis.
6 32 2. a. A residence constructed on or after the effective
6 33 date of this Act shall be located at a minimum setback
6 34 distance of one thousand two hundred fifty feet from an animal
6 35 feeding operation other than a confinement feeding operation.
7 1 b. A residence constructed on or after the effective date
7 2 of this Act shall be located at a minimum setback distance
7 3 from a confinement feeding operation structure which is part
7 4 of the confinement feeding operation as follows:
7 5 For a
7 6 confinement
7 7 For a feeding For a
7 8 confinement operation confinement
7 9 feeding having an feeding
7 10 operation animal unit operation
7 11 having an capacity of having an
7 12 animal unit 1,000 or animal unit
7 13 capacity of more but capacity of
7 14 less than less than 3,000 or
7 15 1,000 3,000 more animal
7 16 Type of structure animal units animal units units
7 17 _______________________________________________________________
7 18 Confinement feeding
7 19 operation structure 1,875 2,500 3,000
7 20 3. A person shall not construct a residence in violation
7 21 of this setback distance on or after the effective date of
7 22 this Act. The setback distance between the residence and an
7 23 animal feeding operation shall be measured in feet from their
7 24 closest points. The minimum setback distance for a residence
7 25 from a confinement feeding operation shall be determined from
7 26 the closest type of confinement feeding operation structure to
7 27 the rural residence.
7 28 4. This section shall not apply to the construction of a
7 29 residence if any of the following applies:
7 30 a. The titleholder of the land where the residence is to
7 31 be constructed or has been constructed is also the owner of
7 32 the animal feeding operation from which the setback distance
7 33 is required.
7 34 b. A written waiver is executed between the titleholder of
7 35 the land where the residence is to be constructed or has been
8 1 constructed and the titleholder of the land where the animal
8 2 feeding operation is located. The residence shall be
8 3 constructed under such terms and conditions that the parties
8 4 negotiate. The written waiver must at least include all of
8 5 the following:
8 6 (1) The animal species confined, fed, and maintained as
8 7 part of the animal feeding operation.
8 8 (2) Each type of manure storage structure which is part of
8 9 the animal feeding operation.
8 10 (3) Whether the animal feeding operation is a confinement
8 11 operation.
8 12 The titleholder of the land where the animal feeding
8 13 operation is located shall enter into good faith discussions
8 14 with the titleholder of the land where the rural residence is
8 15 to be constructed or has been constructed in order to execute
8 16 the waiver.
8 17 A written waiver under this paragraph becomes effective
8 18 only when the waiver is filed with the office of the recorder
8 19 of each county in which the land subject to the waiver is
8 20 located. The waiver shall be indexed and recorded in the same
8 21 manner as other instruments affecting such land. The waiver
8 22 shall serve as a covenant, run with the land subject to the
8 23 waiver, and bind the present titleholders and their successors
8 24 or assigns.
8 25 5. Notwithstanding any provision in this chapter to the
8 26 contrary, the city government in the city where a residence
8 27 may be constructed or has been constructed shall enforce the
8 28 provisions of this section.
8 29 a. The city government shall bring an action in district
8 30 court for an injunction to restrain a person from violating
8 31 this section. The city government shall not be required to
8 32 post a bond.
8 33 b. The city government shall not provide for a variance or
8 34 waiver other than as provided in this section. The provisions
8 35 of this section shall apply regardless of whether the city
9 1 government has adopted a zoning ordinance pursuant to this
9 2 chapter or whether the animal feeding operation benefiting
9 3 from the setback distance is located in that city.
9 4 c. If a city government has not adopted an ordinance
9 5 pursuant to this chapter, or has adopted an ordinance pursuant
9 6 to this chapter that does not include a setback distance as
9 7 required in this section, the city government shall impose,
9 8 assess, and collect a civil penalty as if it were a municipal
9 9 infraction under chapter 364. Each day that a residence is
9 10 constructed or located in violation of this section
9 11 constitutes a separate violation.
9 12 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection
9 13 3, shall not apply to this Act.
9 14 EXPLANATION
9 15 This bill amends provisions in Code chapters 335, relating
9 16 to county zoning, and 414, relating to city zoning, by
9 17 prohibiting a person from constructing or expanding a
9 18 residence that is in proximity to an animal feeding operation.
9 19 The term "animal feeding operation" is generally defined in
9 20 the same manner as provided in Code chapter 459 governing
9 21 animal feeding operations including open feedlots and
9 22 confinement feeding operations. The bill prohibits a person
9 23 from constructing a residence in proximity to certain animal
9 24 feeding operations and includes special separation distance
9 25 requirements (setback distances) which apply to structures
9 26 associated with confinement feeding operations. A confinement
9 27 feeding operation means a location where animals are kept
9 28 which is totally roofed.
9 29 According to the bill, a person cannot construct a
9 30 residence closer than 1,250 feet from an open feedlot or a
9 31 confinement feeding operation having 500 animal units or less
9 32 (referred to as a small animal feeding operation). However,
9 33 special setback distances apply to confinement feeding
9 34 operations and small animal feeding operations which have
9 35 unformed manure storage structures (earthen structures or
10 1 anaerobic lagoons). In this case, the setback distance is
10 2 based on the type of structure involved and the size of the
10 3 neighboring confinement feeding operation (from 1,000 to 3,000
10 4 feet). The distances are the same that currently apply to
10 5 prevent a person from constructing or expanding a confinement
10 6 feeding operation structure in proximity to a residence as
10 7 required under Code section 459.202.
10 8 The bill provides two exceptions. The setback requirements
10 9 do not apply to a residence belonging to the owner of the
10 10 animal feeding operation or, if a written waiver is executed
10 11 by the titleholder of the land where the animal feeding
10 12 operation is located, the land where the rural residence is to
10 13 be constructed. The waiver must be recorded in each county
10 14 where the land is located and serves as a covenant, running
10 15 with the land subject to its provisions.
10 16 The bill provides that a county or city government is
10 17 responsible for the enforcement of the bill's provisions,
10 18 regardless of whether the county or city has adopted a zoning
10 19 ordinance. The county or city must bring an action for
10 20 injunctive relief and is prohibited from granting a variance
10 21 or waiver.
10 22 A person who acts in violation of the bill's provisions is
10 23 guilty of a county infraction or municipal infraction and is
10 24 subject to civil penalties. A county infraction or a
10 25 municipal infraction is a civil offense punishable by a civil
10 26 penalty of not more than $750 for a first violation or, if the
10 27 infraction is a repeat offense, a civil penalty not to exceed
10 28 $1,000 for each repeat offense.
10 29 The bill may include a state mandate as defined in Code
10 30 section 25B.3. The bill makes inapplicable Code section
10 31 25B.2, subsection 3, which would relieve a political
10 32 subdivision from complying with a state mandate if funding for
10 33 the cost of the state mandate is not provided or specified.
10 34 Therefore, political subdivisions are required to comply with
10 35 any state mandate included in the bill.
11 1 LSB 6302HV 80
11 2 da/gg/14
Text: HF02530 Text: HF02532 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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