Bill Text: IA SF2006 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act authorizing counties to adopt county legislation relating to the siting of confinement feeding operations.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Introduced - Dead) 2018-01-11 - Subcommittee: Guth, Greene, and Hogg. S.J. 98. [SF2006 Detail]

Download: Iowa-2017-SF2006-Introduced.html

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Senate File 2006 - Introduced




                                 SENATE FILE       
                                 BY  D. JOHNSON

                                      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:
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PAG LIN



  1  1    Section 1.  Section 331.304A, subsection 2, Code 2018, is
  1  2 amended to read as follows:
  1  3    2.  a.  A county shall not adopt or enforce county
  1  4 legislation regulating a condition or activity occurring
  1  5 on land used for the production, care, feeding, or housing
  1  6 of animals unless the regulation of the production, care,
  1  7 feeding, or housing of animals is expressly authorized by
  1  8 state law. County legislation adopted in violation of this
  1  9 section is void and unenforceable and any enforcement activity
  1 10 conducted in violation of this section is void. A condition
  1 11 or activity occurring on land used for the production, care,
  1 12 feeding, or housing of animals includes but is not limited to
  1 13 the construction, operation, or management of an animal feeding
  1 14 operation, an animal feeding operation structure, or aerobic
  1 15 structure, and to the storage, handling, or application of
  1 16 manure or egg washwater.
  1 17    b.  Paragraph "a" does not apply to a confinement feeding
  1 18 operations siting ordinance as provided in section 459.305A.
  1 19    Sec. 2.  Section 335.2, Code 2018, is amended to read as
  1 20 follows:
  1 21    335.2  Farms exempt.
  1 22    1.  Except to the extent required to implement section
  1 23 335.27, no ordinance adopted under this chapter applies to
  1 24 land, farm houses, farm barns, farm outbuildings or other
  1 25 buildings or structures which are primarily adapted, by reason
  1 26 of nature and area, for use for agricultural purposes, while
  1 27 so used. However, the ordinances may apply to any structure,
  1 28 building, dam, obstruction, deposit or excavation in or on the
  1 29 flood plains of any river or stream.
  1 30    2.  Subsection 1 does not apply to a confinement feeding
  1 31 operations siting ordinance as provided in section 459.305A.
  1 32    Sec. 3.  NEW SECTION.  459.305A  County control of siting.
  1 33    1.  A county may adopt a confinement feeding operations
  1 34 siting ordinance. The purpose of the ordinance is to allow
  1 35 the county board of supervisors to approve or disapprove
  2  1 the location of any construction, including expansion, of a
  2  2 confinement feeding operation within the county.
  2  3    2.  A person shall not construct a confinement feeding
  2  4 operation in a county that has adopted a confinement feeding
  2  5 operations siting ordinance until the county board of
  2  6 supervisors has approved the location of the confinement
  2  7 feeding operation in a manner and according to procedures
  2  8 required in the ordinance.
  2  9    a.  The county board of supervisors may subject its
  2 10 approval to conditions for the construction or operation of
  2 11 the confinement feeding operation or the application of manure
  2 12 originating from the confinement feeding operation.
  2 13    b.  A person required to be issued a permit by the department
  2 14 for the construction of a confinement feeding operation as
  2 15 provided in section 459.303 must be issued such permit prior to
  2 16 obtaining approval by the county board of supervisors.
  2 17    c.  A county board of supervisors may base its approval or
  2 18 disapproval on factors other than factors considered by the
  2 19 department when approving or disapproving an application to
  2 20 construct the confinement feeding operation.
  2 21    3.  A county may adopt county legislation necessary to
  2 22 effectuate the purposes of this section notwithstanding section
  2 23 331.304A or 335.2.
  2 24                           EXPLANATION
  2 25 The inclusion of this explanation does not constitute agreement with
  2 26 the explanation's substance by the members of the general assembly.
  2 27    This bill in part amends provisions in Code chapter 459 which
  2 28 authorize the department of natural resources to issue permits
  2 29 for the construction or expansion of structures associated with
  2 30 a confinement feeding operation.
  2 31    The bill provides that a county may adopt a confinement
  2 32 feeding operations siting ordinance which allows a county board
  2 33 of supervisors to approve the site where the construction is
  2 34 to occur.  The board may place conditions on site approval if
  2 35 the conditions relate to the construction or operation of the
  3  1 confinement feeding operation or to manure application.
  3  2    The bill provides that the county may adopt the ordinance
  3  3 notwithstanding provisions in Code section 331.304A which
  3  4 prohibits a county from adopting legislation that regulates
  3  5 animal agriculture and Code section 335.2 which prohibits a
  3  6 county from adopting an ordinance that provides for the zoning
  3  7 of farm structures.
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