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Senate
File
2260
-
Introduced
SENATE
FILE
2260
BY
STAED
,
WINCKLER
,
QUIRMBACH
,
DOTZLER
,
BISIGNANO
,
BLAKE
,
PETERSEN
,
and
BENNETT
A
BILL
FOR
An
Act
providing
for
county
control
of
the
siting
and
1
management
of
confinement
feeding
operations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
331.304A,
subsection
2,
Code
2026,
is
1
amended
to
read
as
follows:
2
2.
a.
A
county
shall
not
adopt
or
enforce
county
3
legislation
regulating
a
condition
or
activity
occurring
4
on
land
used
for
the
production,
care,
feeding,
or
housing
5
of
animals
unless
the
regulation
of
the
production,
care,
6
feeding,
or
housing
of
animals
is
expressly
authorized
by
7
state
law.
County
legislation
adopted
in
violation
of
this
8
section
is
void
and
unenforceable
and
any
enforcement
activity
9
conducted
in
violation
of
this
section
is
void.
A
condition
10
or
activity
occurring
on
land
used
for
the
production,
care,
11
feeding,
or
housing
of
animals
includes
but
is
not
limited
to
12
the
construction,
operation,
or
management
of
an
animal
feeding
13
operation,
an
animal
feeding
operation
structure,
or
aerobic
14
structure,
and
to
the
storage,
handling,
or
application
of
15
manure
or
egg
washwater.
16
b.
Paragraph
“a”
does
not
apply
to
a
confinement
feeding
17
operation
structure
that
has
been
constructed
or
expanded
18
pursuant
to
a
confinement
feeding
operations
siting
ordinance
19
as
provided
in
section
459.305A.
20
Sec.
2.
Section
335.2,
Code
2026,
is
amended
to
read
as
21
follows:
22
335.2
Farms
exempt.
23
1.
a.
Except
to
the
extent
required
to
implement
section
24
335.27
subsection
2
,
no
an
ordinance
adopted
under
this
25
chapter
applies
shall
not
apply
to
land,
a
farm
houses
house
,
26
a
farm
barns
barn
,
a
farm
outbuildings
outbuilding
,
or
any
27
other
buildings
building
or
structures
structure
that
are
is
28
primarily
adapted,
by
reason
of
nature
and
area,
for
use
for
29
an
agricultural
purposes
purpose
,
while
so
used.
However,
30
the
ordinances
may
apply
to
any
structure,
building,
dam,
31
obstruction,
deposit,
or
excavation
in
or
on
the
floodplains
32
of
any
river
or
stream.
33
2.
b.
A
county
shall
not
require
an
application,
an
34
approval,
or
the
payment
of
a
fee
in
order
for
an
ordinance
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to
be
deemed
inapplicable
to
land,
a
farm
barns
barn
,
a
farm
1
outbuildings
outbuilding
,
or
any
other
buildings
building
or
2
structures
structure
that
are
is
primarily
adapted
for
use
for
3
an
agricultural
purposes
purpose
under
this
section
subsection
.
4
3.
c.
Land,
a
farm
houses
house
,
a
farm
barns
barn
,
a
farm
5
outbuildings
outbuilding
,
or
any
other
buildings
building
or
6
structures
structure
may
qualify
under
this
section
subsection
7
independently
or
in
combination
with
other
another
agricultural
8
uses
use
.
Land
enrolled
in
a
soil
or
water
conservation
9
program
shall
be
considered
land
primarily
adapted
for
use
for
10
agricultural
purposes
purpose
under
this
section
.
11
2.
An
ordinance
adopted
under
this
chapter
may
apply
to
any
12
of
the
following:
13
a.
The
implementation
of
section
335.27.
14
b.
The
construction
or
expansion
of
a
confinement
feeding
15
operation
structure
pursuant
to
a
confinement
feeding
16
operations
siting
ordinance
as
provided
in
section
459.305A.
17
Sec.
3.
Section
459.202,
Code
2026,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
7.
The
separation
distance
requirements
20
provided
in
this
section
may
be
increased
by
a
confinement
21
feeding
operations
siting
ordinance
as
provided
in
section
22
459.202.
23
Sec.
4.
Section
459.304,
Code
2026,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
10.
This
section
does
not
apply
if
a
county
26
has
adopted
a
confinement
feeding
operations
siting
ordinance
27
as
provided
in
section
459.305A.
28
Sec.
5.
NEW
SECTION
.
459.305A
Confinement
feeding
29
operations
siting
ordinance.
30
1.
A
county
may
adopt
a
confinement
feeding
operations
31
siting
ordinance.
The
purpose
of
the
ordinance
is
to
allow
32
the
county
board
of
supervisors
to
approve
or
disapprove
33
the
location
of
any
construction,
including
expansion,
of
a
34
confinement
feeding
operation
structure
that
if
approved
would
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be
part
of
a
confinement
feeding
operation
that
has
an
animal
1
unit
capacity
of
one
thousand
animal
units
or
more.
2
2.
A
person
shall
not
construct
or
expand
a
confinement
3
feeding
operation
structure
as
described
in
subsection
1
if
4
the
county
has
adopted
a
confinement
feeding
operations
siting
5
ordinance
until
the
county
board
of
supervisors
has
approved
6
the
location
of
the
confinement
feeding
operation
in
a
manner
7
and
according
to
procedures
required
in
the
ordinance.
8
a.
The
county
board
of
supervisors
may
subject
its
approval
9
to
conditions
for
the
construction
or
operation
of
the
10
confinement
feeding
operation
structure
or
the
application
of
11
manure
originating
from
the
confinement
feeding
operation.
12
b.
A
person
must
be
issued
a
permit
by
the
department
13
for
the
construction
or
expansion
of
the
confinement
feeding
14
operation
structure
as
provided
in
section
459.303
prior
to
15
obtaining
approval
by
the
county
board
of
supervisors.
16
c.
A
county
board
of
supervisors
may
base
its
approval
or
17
disapproval
on
factors
other
than
factors
considered
by
the
18
department
when
approving
or
disapproving
an
application
to
19
construct
or
expand
a
confinement
feeding
operation
structure.
20
d.
The
county
may
impose
a
separation
distance
between
the
21
confinement
feeding
operation
structure
and
object
or
location
22
that
is
greater
than
the
separation
distance
required
between
23
the
confinement
feeding
operation
and
an
object
or
location
24
otherwise
required
under
section
459.202.
25
3.
A
county
may
adopt
county
legislation
necessary
to
26
effectuate
the
purposes
of
this
section.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
BACKGROUND
——
GENERAL.
Confinement
feeding
operations
31
are
regulated
by
the
department
of
natural
resources
(DNR)
32
under
the
“Animal
Agriculture
Compliance
Act”
(AACA)
(Code
33
chapter
459).
A
confinement
feeding
operation
is
a
type
of
34
animal
feeding
operation
in
which
agricultural
animals
are
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maintained
for
at
least
45
days
in
any
12-month
period.
A
1
confinement
feeding
operation
is
an
animal
feeding
operation
2
in
which
animals
are
kept
in
a
structure
(building)
that
is
3
totally
roofed,
and
includes
any
associated
manure
storage
4
structure
(Code
section
459.102).
Generally,
a
confinement
5
feeding
operation
must
retain
manure
that
is
produced
at
the
6
location
until
the
manure
is
transported
and
used
according
to
7
water
quality
requirements
(e.g.,
via
application
on
farmland)
8
(see
Code
section
459.311).
Regulations
governing
confinement
9
feeding
operations
vary
based
on
the
size
of
the
operation
10
measured
by
its
animal
unit
capacity
(AUC).
AUC
refers
to
11
a
measurement
used
to
determine
the
maximum
number
of
animal
12
units
that
may
be
maintained
as
part
of
a
confinement
feeding
13
operation
at
any
one
time.
In
calculating
AUC,
a
special
14
equivalency
factor
is
assigned
for
each
classification
of
15
confined
agricultural
animal.
A
confinement
feeding
operation
16
with
an
AUC
of
1,000
or
more
animal
units
(e.g.,
2,500
17
swine
weighing
55
or
more
pounds)
must
be
issued
a
permit
to
18
construct
or
expand
a
confinement
feeding
operation
structure.
19
BACKGROUND
——
COUNTY
PARTICIPATION.
A
county
board
of
20
supervisors
(board)
is
prevented
from
adopting
a
county
zoning
21
ordinance
that
applies
to
land
and
structures
associated
22
with
agricultural
production
(Code
section
335.2).
A
board
23
is
also
preempted
from
exercising
county
home
rule
authority
24
over
the
regulation
of
animal
feeding
operations
(Code
section
25
331.304A),
Under
the
AACA,
a
board
may
formally
evaluate
26
the
siting
of
a
confinement
feeding
operation
structure
27
(Code
section
459.304).
The
board
must
adopt
a
construction
28
evaluation
resolution.
Under
the
resolution,
the
board
29
applies
a
master
matrix
in
which
the
board
scores
criteria
30
relating
to
the
construction
of
a
confinement
feeding
operation
31
structure
as
specified
in
a
permit
application
to
DNR.
The
32
board
may
submit
an
adopted
recommendation
to
DNR
to
approve
33
or
disapprove
the
application.
The
board
may
also
submit
34
comments
regarding
the
management
of
manure
incorporated
into
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the
confinement
feeding
operation’s
manure
management
plan.
1
BILL’S
PROVISIONS.
This
bill
enacts
a
provision
in
Code
2
chapter
459,
subchapter
III,
which
regulates
water
quality
3
(see
Code
section
459.311).
The
bill
provides
that
a
county
4
may
adopt
a
confinement
feeding
operations
siting
ordinance
5
(ordinance)
that
allows
a
board
to
approve
the
site
of
the
6
construction
or
expansion
of
a
confinement
feeding
operation
7
structure
that
would
be
part
of
a
confinement
feeding
operation
8
that
has
an
AUC
of
1,000
animal
units
or
more.
The
ordinance
9
authorizes
the
board
to
place
conditions
on
site
approval
or
10
the
application
of
manure
originating
from
the
confinement
11
feeding
operation.
The
bill
provides
that
the
ordinance
12
may
establish
separation
distance
requirements
between
a
13
confinement
feeding
operation
structure
and
a
benefited
object
14
or
location
that
is
greater
than
required
by
the
AACA
(Code
15
section
459.202
governing
air
quality).
The
bill
provides
that
16
the
county
may
adopt
the
ordinance
notwithstanding
provisions
17
in
Code
sections
331.2
and
331.304A.
18
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