House File 202 - Introduced HOUSE FILE 202 BY STECKMAN , HUNTER , OLDSON , ABDUL-SAMAD , KRESSIG , STAED , MASCHER , BROWN-POWERS , THEDE , and KACENA 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 TLSB 1865YH (2) 88 da/rn
H.F. 202 Section 1. Section 331.304A, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. a. A county shall not adopt or enforce county 3 legislation regulating a condition or activity occurring 4 on land used for the production, care, feeding, or housing 5 of animals unless the regulation of the production, care, 6 feeding, or housing of animals is expressly authorized by 7 state law. County legislation adopted in violation of this 8 section is void and unenforceable and any enforcement activity 9 conducted in violation of this section is void. A condition 10 or activity occurring on land used for the production, care, 11 feeding, or housing of animals includes but is not limited to 12 the construction, operation, or management of an animal feeding 13 operation, an animal feeding operation structure, or aerobic 14 structure, and to the storage, handling, or application of 15 manure or egg washwater. 16 b. Paragraph “a” does not apply to a confinement feeding 17 operations siting ordinance as provided in section 459.305A. 18 Sec. 2. Section 335.2, Code 2019, is amended to read as 19 follows: 20 335.2 Farms exempt. 21 1. Except to the extent required to implement section 22 335.27 , no ordinance adopted under this chapter applies to 23 land, farm houses, farm barns, farm outbuildings or other 24 buildings or structures which are primarily adapted, by reason 25 of nature and area, for use for agricultural purposes, while 26 so used. However, the ordinances may apply to any structure, 27 building, dam, obstruction, deposit or excavation in or on the 28 flood plains of any river or stream. 29 2. Subsection 1 does not apply to a confinement feeding 30 operations siting ordinance as provided in section 459.305A. 31 Sec. 3. NEW SECTION . 459.305A County control of siting. 32 1. A county may adopt a confinement feeding operations 33 siting ordinance. The purpose of the ordinance is to allow 34 the county board of supervisors to approve or disapprove 35 -1- LSB 1865YH (2) 88 da/rn 1/ 3
H.F. 202 the location of any construction, including expansion, of a 1 confinement feeding operation within the county. 2 2. A person shall not construct a confinement feeding 3 operation in a county that has adopted a confinement feeding 4 operations siting ordinance until the county board of 5 supervisors has approved the location of the confinement 6 feeding operation in a manner and according to procedures 7 required in the ordinance. 8 a. The county board of supervisors may subject its 9 approval to conditions for the construction or operation of 10 the confinement feeding operation or the application of manure 11 originating from the confinement feeding operation. 12 b. A person required to be issued a permit by the department 13 for the construction of a confinement feeding operation as 14 provided in section 459.303 must be issued such permit prior to 15 obtaining approval by the county board of supervisors. 16 c. A county board of supervisors may base its approval or 17 disapproval on factors other than factors considered by the 18 department when approving or disapproving an application to 19 construct the confinement feeding operation. 20 3. A county may adopt county legislation necessary to 21 effectuate the purposes of this section notwithstanding section 22 331.304A or 335.2. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill in part amends provisions in Code chapter 459 which 27 authorize the department of natural resources to issue permits 28 for the construction or expansion of structures associated with 29 a confinement feeding operation. 30 The bill provides that a county may adopt a confinement 31 feeding operations siting ordinance which allows a county board 32 of supervisors to approve the site where the construction is 33 to occur. The board may place conditions on site approval if 34 the conditions relate to the construction or operation of the 35 -2- LSB 1865YH (2) 88 da/rn 2/ 3
H.F. 202 confinement feeding operation or to manure application. 1 The bill provides that the county may adopt the ordinance 2 notwithstanding provisions in Code section 331.304A which 3 prohibits a county from adopting legislation that regulates 4 animal agriculture and Code section 335.2 which prohibits a 5 county from adopting an ordinance that provides for the zoning 6 of farm structures. 7 -3- LSB 1865YH (2) 88 da/rn 3/ 3