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H0306...............................................by AGRICULTURAL AFFAIRS ANIMAL FEEDING OPERATIONS - Amends and adds to existing law to provide that certain concentrated animal feeding operations may be regulated by zoning ordinances and special or conditional use permits; to provide for siting within agricultural zones; to provide minimum siting requirements; to provide that ordinances regulating concentrated animal feeding operations may include certain acts and considerations; to require examination of certain plans; to authorize on-site inspections; to provide that local governing boards shall consider water quality issues and information regarding water availability when considering comprehensive plans; to define "concentrated animal feeding operation"; to address common ownership; and to provide a formula for determining animal units. 02/25 House intro - 1st rdg - to printing 02/26 Rpt prt - to Agric Aff
H0306|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 306 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ANIMAL FEEDING OPERATIONS; AMENDING SECTION 67-6529, IDAHO CODE, 3 TO PROVIDE THAT CERTAIN CONCENTRATED ANIMAL FEEDING OPERATIONS MAY BE REG- 4 ULATED BY ZONING ORDINANCES AND SPECIAL OR CONDITIONAL USE PERMITS, TO 5 PROVIDE THAT ORDINANCES MAY REGULATE ONLY CERTAIN CONCENTRATED ANIMAL 6 FEEDING OPERATIONS, TO REQUIRE SPECIAL OR CONDITIONAL USE PERMITS, TO PRO- 7 VIDE FOR SITING WITHIN AGRICULTURAL ZONES, TO PROVIDE MINIMUM SITING 8 REQUIREMENTS, TO PROVIDE THAT ORDINANCES REGULATING CONCENTRATED ANIMAL 9 FEEDING OPERATIONS MAY INCLUDE CERTAIN ACTS AND CONSIDERATIONS, TO PROVIDE 10 CERTAIN NONEXCLUSIVE ACTS AND CONSIDERATIONS, TO REQUIRE EXAMINATION OF 11 CERTAIN PLANS AND TO AUTHORIZE ON-SITE INSPECTIONS; AMENDING SECTION 12 67-6537, IDAHO CODE, TO PROVIDE THAT LOCAL GOVERNING BOARDS SHALL CONSIDER 13 WATER QUALITY ISSUES AND INFORMATION REGARDING WATER AVAILABILITY WHEN 14 CONSIDERING COMPREHENSIVE PLANS; AMENDING CHAPTER 1, TITLE 22, IDAHO CODE, 15 BY THE ADDITION OF A NEW SECTION 22-111, IDAHO CODE, TO DEFINE CONCEN- 16 TRATED ANIMAL FEEDING OPERATION, TO ADDRESS COMMON OWNERSHIP, TO PROVIDE A 17 FORMULA FOR DETERMINING ANIMAL UNITS; AND DECLARING AN EMERGENCY. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 67-6529, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 67-6529. APPLICABILITY TO AGRICULTURAL LAND -- CONCENTRATED ANIMAL 22 FEEDING OPERATIONS . (1) No power granted hereby shall be 23 construed to empower a board of county commissioners to enact any ordinance or 24 resolution which deprives any owner of full and complete use of agricultural 25 land for production of any agricultural product. Agricultural land shall be 26 defined by local ordinance or resolution. 27 (2) Notwithstanding the restrictions of subsection (1) of this sec- 28 tion, a governing board may enact ordinances regulating concentrated animal 29 feeding operations as they are defined in section 22-111, Idaho Code. Such 30 ordinances may regulate only new concentrated animal feeding operations begin- 31 ning operation after April 1, 1999, existing concentrated animal feeding oper- 32 ations that expand after April 1, 1999, and existing animal feeding operations 33 that expand to one thousand (1,000) or more animal units after April 1, 1999, 34 and thereby come within the definition of concentrated animal feeding opera- 35 tion. As used in this subsection, "expand" means an increase of more than ten 36 percent (10%) in the maximum number of animal units stabled or confined and 37 fed or maintained at the operation annually, or construction of new facilities 38 associated with an existing operation in order to stable or confine and feed 39 or maintain more animal units over the ten percent (10%) limit annually. In 40 order to expand, a concentrated animal feeding operation or animal feeding 41 operation that becomes a concentrated animal feeding operation due to the 42 expansion must report its current size and proposed expanded size, in number 43 of animal units, to the governing board in a verified statement. 2 1 (a) A governing board that enacts ordinances regulating concen- 2 trated animal feeding operations shall require that such feeding opera- 3 tions have a special or conditional use permit before construction and 4 operation may begin. A governing board shall provide for timely consider- 5 ation of applications for such permits. 6 (b) Concentrated animal feeding operations regulated by ordinance and 7 special or conditional use permits shall be sited within agricultural 8 zones for the protection of the public health, safety and welfare. Govern- 9 ing boards regulating concentrated animal feeding operations shall, at a 10 minimum, impose the same siting requirements imposed by state and federal 11 law. Subject to the provisions of this subsection, ordinances and special 12 or conditional use permits regulating concentrated animal feeding opera- 13 tions may, among other considerations deemed appropriate by the governing 14 board: 15 16 (i) Establish reasonable setback locations for barns, 17 corrals, feed storage, and waste containment facilities from public 18 rights-of-way, existing residences, constructed residential subdivi- 19 sion developments and domestic wells; 20 21 (ii) Establish distances for setbacks based upon animal unit 22 amounts calculated according to section 22-111, Idaho Code; 23 24 (iii) Establish the location of concentrated animal feeding 25 operations based upon water availability for the concentrated animal 26 feeding operation and other future uses at the proposed location; 27 28 (iv) Locate a concentrated animal feeding operation where it 29 will not result in a substantial adverse impact upon surrounding 30 property values or public health and safety; 31 32 (v) Notwithstanding any other provision of law, establish the 33 location of a concentrated animal feeding operation based upon the 34 plans and purposes of city areas of impact; 35 36 (vi) Provide for consideration of odor management and traffic; 37 38 (vii) Provide for consideration of past performance in Idaho 39 and other states. 40 41 (c) Before approving a special or conditional use permit for a con- 42 centrated animal feeding operation, the governing board shall, at a mini- 43 mum, require that the concentrated animal feeding operation meet all state 44 licensing requirements, including the following: 45 46 (i) Siting designs approved by an engineer of the Idaho 47 department of agriculture and who is licensed as an engineer in the 48 state of Idaho; 49 50 (ii) Animal waste storage and containment facility plans 51 approved by the department of agriculture; 52 53 (iii) Water permits, licenses, or transfers of water rights 54 issued or approved by the Idaho department of water resources; 55 3 1 (iv) Nutrient management plans and standards approved by the 2 appropriate state agency. 3 4 (d) A governing board is authorized to enforce ordinances and spe- 5 cial or conditional use permits regulating concentrated animal feeding 6 operations by providing in such ordinances or permits for on-site inspec- 7 tion of such operations as provided in this section. Inspections shall 8 take place only upon reasonable notice, which shall be provided in writing 9 at least twenty-four (24) hours in advance of the entry and inspection. 10 Inspections may be performed in conjunction with inspections conducted by 11 the Idaho department of agriculture. 12 SECTION 2. That Section 67-6537, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-6537. APPLICATION TO GROUND WATER. When considering amending, repeal- 15 ing or adopting a comprehensive plan, the local governing board shall consider 16the effect the proposed amendment, repeal or adoption of the comprehen-17sive plan would have on the quality of groundwater quality 18 issues and information regarding water availability in the area. 19 SECTION 3. That Chapter 1, Title 22, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION , to be 21 known and designated as Section 22-111, Idaho Code, and to read as follows: 22 22-111. CONCENTRATED ANIMAL FEEDING OPERATION -- DEFINED -- ANIMAL UNITS 23 CALCULATION. (1) "Concentrated animal feeding operation" means a lot or facil- 24 ity where the following conditions are met: 25 (a) Animals have been, are, or will be stabled or confined and fed or 26 maintained for a total of ninety (90) consecutive days or more in any 27 twelve-month period; 28 (b) Crops, vegetation, forage growth or post-harvest residues are not 29 sustained in the normal growing season over any portion of the lot or 30 facility; and 31 (c) The lot or facility is designed to confine or actually does confine 32 an equivalent of one thousand (1,000) animal units. 33 (2) Two (2) or more concentrated animal feeding operations under common 34 ownership are considered, for the purposes of this definition, to be a single 35 animal feeding operation if they adjoin each other or if they use a common 36 area or system for the disposal of wastes. 37 (3) "Animal unit" means a unit of measurement for any animal feeding 38 operation calculated by adding the following numbers: The number of slaughter 39 and feeder cattle multiplied by one (1), plus the number of young slaughter or 40 feeder cattle less than twelve (12) months of age multiplied by six-tenths 41 (0.6), plus the number of mature dairy cattle multiplied by one and four- 42 tenths (1.4), plus the number of young dairy cattle multiplied by six-tenths 43 (0.6), plus the number of swine weighing over twenty-five (25) kilograms, 44 approximately fifty-five (55) pounds, multiplied by four-tenths (0.4), plus 45 the number of weaned swine weighing under twenty-five (25) kilograms multi- 46 plied by one-tenth (0.1), plus the number of sheep multiplied by one-tenth 47 (0.1), plus the number of horses multiplied by two (2), plus the number of 48 chickens multiplied by one one-hundredth (0.01). 49 SECTION 4. An emergency existing therefor, which emergency is hereby 50 declared to exist, this act shall be in full force and effect on and after its 4 1 passage and approval.
STATEMENT OF PURPOSE
RS09133C1
This legislation gives local units of government an optional,
standardized procedure for zoning for new or expanding
concentrated animal feeding operations. Many counties have
complained that state law does not give them adequate tools to
properly locate such operations or to address public concerns
when such an operation wants to locate in an area. This
legislation provides those tools.
This legislation affects only new concentrated animal feeding operations
that begin operating after April 1, 1999, or which expand after that
date. Only facilities that confine over one-thousand (1,000) animal
units for over ninety (90) days are considered concentrated animal
feeding operations. Smaller, existing animal feeding operations are not
affected by this legislation unless they expand to over one-thousand
(1,000) animal units after April 1, 1999, and thereby meet the
definition of a concentrated animal feeding operation.
The tools offered by this legislation are optional. The legislation
provides that a zoning authority may adopt ordinances addressing
concentrated animal feeding operations. If such ordinances are adopted,
then the existing legal process for special or conditional use permits
must be used. This approach will standardize the process when ordinances
are adopted addressing concentrated animal feeding operations, providing
greater certainty to local units of government,operators of concentrated
animal feeding facilities, and the public. The legislation also provides
issues to be considered if a local unit of government chooses to adopt
ordinances addressing concentrated animal feeding operations.
The legislation also defines "concentrated animal feeding operations."
This definition has been adopted by the majority of states that have
passed statutes addressing concentrated animal feeding operations, and
the federal government.
This legislation will enhance local control, provide certainty to local
units of government and large concentrated animal feeding operations
regarding the zoning procedures and processes that will be applied, will
improve public participation in the zoning process, and will reduce
litigation costs.
FISCAL NOTE
This legislation does not require any expenditure from the
General Fund. It does not mandate any expenditure by local units of
government.
CONTACT: Representative Doug Jones
Representative Wendy Jaquet
Phone (208) 332-1000 Fax: (208) 334-5397
WATS Line: 1-800 626-0471
E-mail: infocntr@lso.state.id.us
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 306