Senate File 2197 SENATE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3103) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to setback distance requirements that apply to 2 residences which are constructed in proximity to animal 3 feeding operation structures and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6302SV 80 6 da/gg/14 PAG LIN 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