House File 563
HOUSE FILE
BY FREVERT, KUHN, D. OLSON, WENDT,
HOGG, GASKILL, JOCHUM, SHOULTZ,
WHITAKER, GREIMANN, BUKTA,
STEVENS, and DAVITT
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to confinement feeding operations by providing
2 for the construction of structures associated with the
3 operations.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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.
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