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 TLSB 1441HH (1) 84 da/sc
H.F. 28 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 35 -1- LSB 1441HH (1) 84 da/sc 1/ 2
H.F. 28 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. 8 -2- LSB 1441HH (1) 84 da/sc 2/ 2