House
File
456
-
Introduced
HOUSE
FILE
456
BY
STECKMAN
,
BENNETT
,
MASCHER
,
and
WINCKLER
A
BILL
FOR
An
Act
authorizing
counties
to
adopt
county
legislation
1
relating
to
the
siting
of
confinement
feeding
operations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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456
Section
1.
NEW
SECTION
.
459.305A
County
control
of
siting.
1
1.
A
county
may
adopt
a
confinement
feeding
operations
2
siting
ordinance.
The
purpose
of
the
ordinance
is
to
allow
3
the
county
board
of
supervisors
to
approve
or
disapprove
the
4
location
of
a
confinement
feeding
operation,
including
the
5
construction
of
a
confinement
feeding
operation
structure
6
within
the
county.
7
2.
A
person
shall
not
construct
a
confinement
feeding
8
operation
structure
in
a
county
that
has
adopted
a
confinement
9
feeding
operations
siting
ordinance
until
the
county
board
10
of
supervisors
has
approved
the
location
of
the
confinement
11
feeding
operation
in
a
manner
and
according
to
procedures
12
required
in
the
ordinance.
The
ordinance
may
provide
for
all
13
of
the
following:
14
a.
Conditions
for
the
construction
of
a
confinement
feeding
15
operation
structure,
the
operation
of
the
confinement
feeding
16
operation,
or
the
application
of
manure
originating
from
the
17
confinement
feeding
operation.
18
b.
That
a
person
required
to
be
issued
a
permit
by
the
19
department
for
the
construction
of
a
confinement
feeding
20
operation
structure
as
provided
in
section
459.303
be
issued
21
such
permit
prior
to
obtaining
approval
by
the
county
board
of
22
supervisors.
23
c.
That
a
county
board
of
supervisors
base
its
approval
or
24
disapproval
on
factors
other
than
factors
considered
by
the
25
department
when
approving
or
disapproving
an
application
to
26
construct
a
confinement
feeding
operation
structure.
27
d.
A
greater
separation
distance
between
a
confinement
28
feeding
operation
structure
and
a
benefitted
object
or
location
29
than
is
required
by
this
chapter.
30
3.
A
county
may
adopt
county
legislation
necessary
to
31
effectuate
the
purposes
of
this
section
notwithstanding
32
sections
331.304A
and
335.2.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
amends
provisions
in
Code
chapter
459
that
2
authorize
the
department
of
natural
resources
to
issue
3
permits
for
the
construction
of
structures
associated
with
a
4
confinement
feeding
operation.
5
The
bill
provides
that
a
county
may
adopt
a
confinement
6
feeding
operations
siting
ordinance
which
allows
a
county
board
7
of
supervisors
to
approve
the
site
where
the
construction
is
8
to
occur.
The
ordinance
may
authorize
the
board
to
place
9
conditions
on
site
approval
if
the
conditions
relate
to
the
10
construction
of
a
confinement
feeding
operation
structure,
11
the
operation
of
the
confinement
feeding
operation,
or
the
12
application
of
manure
originating
from
the
confinement
feeding
13
operation.
The
bill
provides
that
an
ordinance
may
establish
14
separation
distance
requirements
from
a
benefitted
object
or
15
location
that
are
greater
than
are
required
by
current
Code
16
chapter
459.
17
The
bill
provides
that
the
county
may
adopt
the
ordinance
18
notwithstanding
provisions
in
Code
section
335.2
which
19
prohibit
a
county
from
zoning
farm
structures
and
Code
section
20
331.304A
which
prohibit
a
county
from
adopting
legislation
that
21
regulates
animal
agriculture.
22
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