HF 2363 (LSB 5479HH (14) 83)

HOUSE FILE 2363

BY  HANSON, GASKILL, FREVERT, WHITEAD, BUKTA, SWAIM, BERRY, KRESSIG, PETERSEN, BEARD, STECKMAN, HUNTER, WESSEL-KROESCHELL, LENSING, WINCKLER, ISENHART, and ABDUL-SAMAD

A BILL FOR

An Act authorizing counties to adopt county legislation relating to the siting of confinement feeding operations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  459.305A  County control of siting.
   1.  A county may adopt a confinement feeding operations siting ordinance. The purpose of the ordinance is to allow the county board of supervisors to approve or disapprove the location of any construction, including expansion, of a confinement feeding operation within the county. 
   2.  A person shall not construct a confinement feeding operation in a county that has adopted a confinement feeding operations siting ordinance until the county board of supervisors has approved the location of the confinement feeding operation in a manner and according to procedures required in the ordinance.
   a.  The county board of supervisors may subject its approval to conditions for the construction or operation of the confinement feeding operation or the application of manure originating from the confinement feeding operation.
   b.  A person required to be issued a permit by the department for the construction of a confinement feeding operation as provided in section 459.303 must be issued such permit prior to obtaining approval by the county board of supervisors.
   c.  A county board of supervisors may base its approval or disapproval on factors other than factors considered by the department when approving or disapproving an application to construct the confinement feeding operation.
   3.  A county may adopt county legislation necessary to effectuate the purposes of this section notwithstanding section 331.304A or 335.2.
EXPLANATION
   This bill in part amends provisions in Code chapter 459 which authorize the department of natural resources to issue permits for the construction or expansion of structures associated with a confinement feeding operation.
   The bill provides that a county may adopt a confinement feeding operations siting ordinance which allows a county board of supervisors to approve the site where the construction is to occur. The board may place conditions on site approval if the conditions relate to the construction or operation of the confinement feeding operation or to manure application.
   The bill provides that the county may adopt the ordinance notwithstanding provisions in Code section 335.2 which prohibit a county from zoning farm structures and Code section 331.304A which prohibit a county from adopting legislation which regulates animal agriculture.