Bill Text: IA HF456 | 2017-2018 | 87th 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 4-0)
Status: (Introduced - Dead) 2017-02-28 - Introduced, referred to Agriculture. H.J. 476. [HF456 Detail]
Download: Iowa-2017-HF456-Introduced.html
House File 456 - Introduced HOUSE FILE BY STECKMAN, BENNETT, MASCHER, and WINCKLER A BILL FOR 1 An Act authorizing counties to adopt county legislation 2 relating to the siting of confinement feeding operations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1771YH (4) 87 da/sc PAG LIN 1 1 Section 1. NEW SECTION. 459.305A County control of siting. 1 2 1. A county may adopt a confinement feeding operations 1 3 siting ordinance. The purpose of the ordinance is to allow 1 4 the county board of supervisors to approve or disapprove the 1 5 location of a confinement feeding operation, including the 1 6 construction of a confinement feeding operation structure 1 7 within the county. 1 8 2. A person shall not construct a confinement feeding 1 9 operation structure in a county that has adopted a confinement 1 10 feeding operations siting ordinance until the county board 1 11 of supervisors has approved the location of the confinement 1 12 feeding operation in a manner and according to procedures 1 13 required in the ordinance. The ordinance may provide for all 1 14 of the following: 1 15 a. Conditions for the construction of a confinement feeding 1 16 operation structure, the operation of the confinement feeding 1 17 operation, or the application of manure originating from the 1 18 confinement feeding operation. 1 19 b. That a person required to be issued a permit by the 1 20 department for the construction of a confinement feeding 1 21 operation structure as provided in section 459.303 be issued 1 22 such permit prior to obtaining approval by the county board of 1 23 supervisors. 1 24 c. That a county board of supervisors base its approval or 1 25 disapproval on factors other than factors considered by the 1 26 department when approving or disapproving an application to 1 27 construct a confinement feeding operation structure. 1 28 d. A greater separation distance between a confinement 1 29 feeding operation structure and a benefitted object or location 1 30 than is required by this chapter. 1 31 3. A county may adopt county legislation necessary to 1 32 effectuate the purposes of this section notwithstanding 1 33 sections 331.304A and 335.2. 1 34 EXPLANATION 1 35 The inclusion of this explanation does not constitute agreement with 2 1 the explanation's substance by the members of the general assembly. 2 2 This bill amends provisions in Code chapter 459 that 2 3 authorize the department of natural resources to issue 2 4 permits for the construction of structures associated with a 2 5 confinement feeding operation. 2 6 The bill provides that a county may adopt a confinement 2 7 feeding operations siting ordinance which allows a county board 2 8 of supervisors to approve the site where the construction is 2 9 to occur. The ordinance may authorize the board to place 2 10 conditions on site approval if the conditions relate to the 2 11 construction of a confinement feeding operation structure, 2 12 the operation of the confinement feeding operation, or the 2 13 application of manure originating from the confinement feeding 2 14 operation. The bill provides that an ordinance may establish 2 15 separation distance requirements from a benefitted object or 2 16 location that are greater than are required by current Code 2 17 chapter 459. 2 18 The bill provides that the county may adopt the ordinance 2 19 notwithstanding provisions in Code section 335.2 which 2 20 prohibit a county from zoning farm structures and Code section 2 21 331.304A which prohibit a county from adopting legislation that 2 22 regulates animal agriculture. LSB 1771YH (4) 87 da/sc
