Iowa-2017-SF2006-Introduced
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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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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