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