Senate Study Bill 1161 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            LOCAL GOVERNMENT BILL
                                            BY CHAIRPERSON QUIRMBACH)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing that a city may adopt an ordinance regulating
  2    the siting of certain confinement feeding operation structures
  3    within an unincorporated area adjacent to the city limits.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  364.26  ANIMAL FEEDING OPERATIONS
  1  2 SITING ORDINANCE.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Animal", "animal feeding operation", "animal feeding
  1  6 operation structure", "animal unit", "confinement feeding
  1  7 operation", and "small animal feeding operation" mean the same
  1  8 as defined in section 459.102.
  1  9    b.  "Open feedlot operation" and "open feedlot operation
  1 10 structure" means the same as defined in section 459A.102.
  1 11    2.  A city may adopt an animal feeding operations siting
  1 12 ordinance.  The purpose of the ordinance is to allow the city
  1 13 to approve or disapprove the construction, including
  1 14 expansion, of an animal feeding operation within an
  1 15 unincorporated area up to two miles beyond the limits of the
  1 16 city.  If an adjacent city has also adopted an animal feeding
  1 17 operations siting ordinance governing the same unincorporated
  1 18 area, each city's ordinance shall govern the unincorporated
  1 19 area extending to a line equidistant between the limits of the
  1 20 adjacent cities.  The city shall exercise its authority to
  1 21 adopt the ordinance independently of its zoning authority
  1 22 under chapter 414.
  1 23    3.  a.  An animal feeding operations siting ordinance shall
  1 24 only apply to an animal feeding operation that is a
  1 25 confinement feeding operation or open feedlot operation.
  1 26    b.  An animal feeding operations siting ordinance shall not
  1 27 apply to any of the following:
  1 28    (1)  A small animal feeding operation.  Two or more animal
  1 29 feeding operations are deemed to be a single animal feeding
  1 30 operation in the same manner as provided in section 459.201.
  1 31    (2)  An animal feeding operation, other than a small animal
  1 32 feeding operation, established prior to the effective date of
  1 33 the ordinance.  However, the ordinance may apply to the animal
  1 34 feeding operation if it expands on or after the effective date
  1 35 of the ordinance.  An animal feeding operation expands by
  2  1 doing any of the following:
  2  2    (a)  Constructing or expanding an animal feeding operation
  2  3 structure.
  2  4    (b)  Using additional land to keep animals or store manure.
  2  5    (c)  Increasing the number of animal units by more than ten
  2  6 percent.
  2  7                           EXPLANATION
  2  8    This bill provides that a city may adopt an ordinance which
  2  9 provides for the approval of the construction or expansion of
  2 10 a structure associated with an animal feeding operation which
  2 11 is a confinement feeding operation (see Code chapter 459) or
  2 12 open feedlot operation (see Code chapter 459A) within an
  2 13 unincorporated area up to two miles beyond the limits of the
  2 14 city.  Such an ordinance would not apply to a small animal
  2 15 feeding operation having 500 or fewer animal units (see Code
  2 16 section 459.102) or an animal feeding operation, other than a
  2 17 small animal feeding operation, which exists prior to the
  2 18 effective date of the ordinance so long as it does not expand.
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