HF 2418 (LSB 6633YH (2) 91)

HOUSE FILE 2418

BY  CROKEN, WESSEL-KROESCHELL, LEVIN, and WILBURN

A BILL FOR

An Act providing for county control of the siting and management of confinement feeding operations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.304A, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  A county shall not adopt or enforce county legislation regulating a condition or activity occurring on land used for the production, care, feeding, or housing of animals unless the regulation of the production, care, feeding, or housing of animals is expressly authorized by state law. County legislation adopted in violation of this section is void and unenforceable and any enforcement activity conducted in violation of this section is void. A condition or activity occurring on land used for the production, care, feeding, or housing of animals includes but is not limited to the construction, operation, or management of an animal feeding operation, an animal feeding operation structure, or aerobic structure, and to the storage, handling, or application of manure or egg washwater.
   b.  Paragraph “a” does not apply to a confinement feeding operation structure that has been constructed or expanded pursuant to a confinement feeding operations siting ordinance as provided in section 459.305A.
    Sec. 2.  Section 335.2, Code 2026, is amended to read as follows:
   335.2  Farms exempt.
   1.  a.  Except to the extent required to implement section 335.27 subsection 2, no an ordinance adopted under this chapter applies shall not apply to land, a farm houses house, a farm barns barn, a farm outbuildings outbuilding, or any other buildings building or structures structure that are is primarily adapted, by reason of nature and area, for use for an agricultural purposes purpose, while so used. However, the ordinances may apply to any structure, building, dam, obstruction, deposit, or excavation in or on the floodplains of any river or stream.
   2.  b.  A county shall not require an application, an approval, or the payment of a fee in order for an ordinance to be deemed inapplicable to land, a farm barns barn, a farm outbuildings outbuilding, or any other buildings building or structures structure that are is primarily adapted for use for an agricultural purposes purpose under this section subsection.
   3.  c.  Land, a farm houses house, a farm barns barn, a farm outbuildings outbuilding, or any other buildings building or structures structure may qualify under this section subsection independently or in combination with other another agricultural uses use. Land enrolled in a soil or water conservation program shall be considered land primarily adapted for use for agricultural purposes purpose under this section.
   2.  An ordinance adopted under this chapter may apply to any of the following:
   a.  The implementation of section 335.27.
   b.  The construction or expansion of a confinement feeding operation structure pursuant to a confinement feeding operations siting ordinance as provided in section 459.305A.
    Sec. 3.  Section 459.202, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  The separation distance requirements provided in this section may be increased by a confinement feeding operations siting ordinance as provided in section 459.202.
    Sec. 4.  Section 459.304, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  This section does not apply if a county has adopted a confinement feeding operations siting ordinance as provided in section 459.305A.
    Sec. 5.  NEW SECTION.  459.305A  Confinement feeding operations siting ordinance.
   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 structure that if approved would be part of a confinement feeding operation that has an animal unit capacity of one thousand animal units or more.
   2.  A person shall not construct or expand a confinement feeding operation structure as described in subsection 1 if the county 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 structure or the application of manure originating from the confinement feeding operation.
   b.  A person must be issued a permit by the department for the construction or expansion of the confinement feeding operation structure as provided in section 459.303 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 or expand a confinement feeding operation structure.
   d.  The county may impose a separation distance between the confinement feeding operation structure and object or location that is greater than the separation distance required between the confinement feeding operation and an object or location otherwise required under section 459.202.
   3.  A county may adopt county legislation necessary to effectuate the purposes of this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND —— GENERAL. Confinement feeding operations are regulated by the department of natural resources (DNR) under the “Animal Agriculture Compliance Act” (AACA) (Code chapter 459). A confinement feeding operation is a type of animal feeding operation in which agricultural animals are maintained for at least 45 days in any 12-month period. A confinement feeding operation is an animal feeding operation in which animals are kept in a structure (building) that is totally roofed, and includes any associated manure storage structure (Code section 459.102). Generally, a confinement feeding operation must retain manure that is produced at the location until the manure is transported and used according to water quality requirements (e.g., via application on farmland) (see Code section 459.311). Regulations governing confinement feeding operations vary based on the size of the operation measured by its animal unit capacity (AUC). AUC refers to a measurement used to determine the maximum number of animal units that may be maintained as part of a confinement feeding operation at any one time. In calculating AUC, a special equivalency factor is assigned for each classification of confined agricultural animal. A confinement feeding operation with an AUC of 1,000 or more animal units (e.g., 2,500 swine weighing 55 or more pounds) must be issued a permit to construct or expand a confinement feeding operation structure.
   BACKGROUND —— COUNTY PARTICIPATION. A county board of supervisors (board) is prevented from adopting a county zoning ordinance that applies to land and structures associated with agricultural production (Code section 335.2). A board is also preempted from exercising county home rule authority over the regulation of animal feeding operations (Code section 331.304A), Under the AACA, a board may formally evaluate the siting of a confinement feeding operation structure (Code section 459.304). The board must adopt a construction evaluation resolution. Under the resolution, the board applies a master matrix in which the board scores criteria relating to the construction of a confinement feeding operation structure as specified in a permit application to DNR. The board may submit an adopted recommendation to DNR to approve or disapprove the application. The board may also submit comments regarding the management of manure incorporated into the confinement feeding operation’s manure management plan.
   BILL’S PROVISIONS. This bill enacts a provision in Code chapter 459, subchapter III, which regulates water quality (see Code section 459.311). The bill provides that a county may adopt a confinement feeding operations siting ordinance (ordinance) that allows a board to approve the site of the construction or expansion of a confinement feeding operation structure that would be part of a confinement feeding operation that has an AUC of 1,000 animal units or more. The ordinance authorizes the board to place conditions on site approval or the application of manure originating from the confinement feeding operation. The bill provides that the ordinance may establish separation distance requirements between a confinement feeding operation structure and a benefited object or location that is greater than required by the AACA (Code section 459.202 governing air quality). The bill provides that the county may adopt the ordinance notwithstanding provisions in Code sections 331.2 and 331.304A.