Bill Text: IA HF28 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act authorizing counties to adopt county legislation relating to the siting of confinement feeding operations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF28 Detail]
Download: Iowa-2011-HF28-Introduced.html
House
File
28
-
Introduced
HOUSE
FILE
28
BY
HANSON
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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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
4
the
location
of
any
construction,
including
expansion,
of
a
5
confinement
feeding
operation
within
the
county.
6
2.
A
person
shall
not
construct
a
confinement
feeding
7
operation
in
a
county
that
has
adopted
a
confinement
feeding
8
operations
siting
ordinance
until
the
county
board
of
9
supervisors
has
approved
the
location
of
the
confinement
10
feeding
operation
in
a
manner
and
according
to
procedures
11
required
in
the
ordinance.
12
a.
The
county
board
of
supervisors
may
subject
its
13
approval
to
conditions
for
the
construction
or
operation
of
14
the
confinement
feeding
operation
or
the
application
of
manure
15
originating
from
the
confinement
feeding
operation.
16
b.
A
person
required
to
be
issued
a
permit
by
the
department
17
for
the
construction
of
a
confinement
feeding
operation
as
18
provided
in
section
459.303
must
be
issued
such
permit
prior
to
19
obtaining
approval
by
the
county
board
of
supervisors.
20
c.
A
county
board
of
supervisors
may
base
its
approval
or
21
disapproval
on
factors
other
than
factors
considered
by
the
22
department
when
approving
or
disapproving
an
application
to
23
construct
the
confinement
feeding
operation.
24
3.
A
county
may
adopt
county
legislation
necessary
to
25
effectuate
the
purposes
of
this
section
notwithstanding
section
26
331.304A
or
335.2.
27
EXPLANATION
28
This
bill
in
part
amends
provisions
in
Code
chapter
459
which
29
authorize
the
department
of
natural
resources
to
issue
permits
30
for
the
construction
or
expansion
of
structures
associated
with
31
a
confinement
feeding
operation.
32
The
bill
provides
that
a
county
may
adopt
a
confinement
33
feeding
operations
siting
ordinance
which
allows
a
county
board
34
of
supervisors
to
approve
the
site
where
the
construction
is
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to
occur.
The
board
may
place
conditions
on
site
approval
if
1
the
conditions
relate
to
the
construction
or
operation
of
the
2
confinement
feeding
operation
or
to
manure
application.
3
The
bill
provides
that
the
county
may
adopt
the
ordinance
4
notwithstanding
provisions
in
Code
section
335.2
which
prohibit
5
a
county
from
zoning
farm
structures
and
Code
section
331.304A
6
which
prohibit
a
county
from
adopting
legislation
which
7
regulates
animal
agriculture.
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