House File 202 - IntroducedA Bill ForAn Act 1authorizing counties to adopt county legislation
2relating to the siting of confinement feeding operations.
1   Section 1.  Section 331.304A, subsection 2, Code 2019, is
2amended to read as follows:
   32.  a.  A county shall not adopt or enforce county
4legislation regulating a condition or activity occurring
5on land used for the production, care, feeding, or housing
6of animals unless the regulation of the production, care,
7feeding, or housing of animals is expressly authorized by
8state law. County legislation adopted in violation of this
9section is void and unenforceable and any enforcement activity
10conducted in violation of this section is void. A condition
11or activity occurring on land used for the production, care,
12feeding, or housing of animals includes but is not limited to
13the construction, operation, or management of an animal feeding
14operation, an animal feeding operation structure, or aerobic
15structure, and to the storage, handling, or application of
16manure or egg washwater.
   17b.  Paragraph “a” does not apply to a confinement feeding
18operations siting ordinance as provided in section 459.305A.
19   Sec. 2.  Section 335.2, Code 2019, is amended to read as
   21335.2  Farms exempt.
   221.  Except to the extent required to implement section
23335.27, no ordinance adopted under this chapter applies to
24land, farm houses, farm barns, farm outbuildings or other
25buildings or structures which are primarily adapted, by reason
26of nature and area, for use for agricultural purposes, while
27so used. However, the ordinances may apply to any structure,
28building, dam, obstruction, deposit or excavation in or on the
29flood plains of any river or stream.
   302.  Subsection 1 does not apply to a confinement feeding
31operations siting ordinance as provided in section 459.305A.
32   Sec. 3.  NEW SECTION.  459.305A  County control of siting.
   331.  A county may adopt a confinement feeding operations
34siting ordinance. The purpose of the ordinance is to allow
35the county board of supervisors to approve or disapprove
-1-1the location of any construction, including expansion, of a
2confinement feeding operation within the county.
   32.  A person shall not construct a confinement feeding
4operation in a county that has adopted a confinement feeding
5operations siting ordinance until the county board of
6supervisors has approved the location of the confinement
7feeding operation in a manner and according to procedures
8required in the ordinance.
   9a.  The county board of supervisors may subject its
10approval to conditions for the construction or operation of
11the confinement feeding operation or the application of manure
12originating from the confinement feeding operation.
   13b.  A person required to be issued a permit by the department
14for the construction of a confinement feeding operation as
15provided in section 459.303 must be issued such permit prior to
16obtaining approval by the county board of supervisors.
   17c.  A county board of supervisors may base its approval or
18disapproval on factors other than factors considered by the
19department when approving or disapproving an application to
20construct the confinement feeding operation.
   213.  A county may adopt county legislation necessary to
22effectuate the purposes of this section notwithstanding section
23331.304A or 335.2.
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
   27This bill in part amends provisions in Code chapter 459 which
28authorize the department of natural resources to issue permits
29for the construction or expansion of structures associated with
30a confinement feeding operation.
   31The bill provides that a county may adopt a confinement
32feeding operations siting ordinance which allows a county board
33of supervisors to approve the site where the construction is
34to occur. The board may place conditions on site approval if
35the conditions relate to the construction or operation of the
-2-1confinement feeding operation or to manure application.
   2The bill provides that the county may adopt the ordinance
3notwithstanding provisions in Code section 331.304A which
4prohibits a county from adopting legislation that regulates
5animal agriculture and Code section 335.2 which prohibits a
6county from adopting an ordinance that provides for the zoning
7of farm structures.