View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0364.....................................................by WAYS AND MEANS
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 application
to certain feeding operations; to provide that if a governing board chooses
to adopt such ordinances, special or conditional use permits shall be
required; to provide that such ordinances and permits may include certain
acts and considerations, to provide suggested acts and considerations; to
provide that siting approval shall be contingent upon obtaining certain
approvals and permits from state agencies; 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 terms; to provide a calculation
for animal units; and to address common ownership.
03/10 House intro - 1st rdg - to printing
Rpt prt - to Agric Aff
H0364|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 364 BY WAYS AND MEANS 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 APPLICATION TO CERTAIN FEEDING OPERATIONS, TO PROVIDE THAT IF A 6 GOVERNING BOARD CHOOSES TO ADOPT SUCH ORDINANCES, SPECIAL OR CONDITIONAL 7 USE PERMITS SHALL BE REQUIRED, TO PROVIDE THAT SUCH ORDINANCES AND PERMITS 8 MAY INCLUDE CERTAIN ACTS AND CONSIDERATIONS, TO PROVIDE SUGGESTED ACTS AND 9 CONSIDERATIONS, TO PROVIDE THAT SITING APPROVAL SHALL BE CONTINGENT UPON 10 OBTAINING CERTAIN APPROVALS AND PERMITS FROM STATE AGENCIES AND TO AUTHO- 11 RIZE ON-SITE INSPECTIONS; AMENDING SECTION 67-6537, IDAHO CODE, TO PROVIDE 12 THAT LOCAL GOVERNING BOARDS SHALL CONSIDER WATER QUALITY ISSUES AND INFOR- 13 MATION REGARDING WATER AVAILABILITY WHEN CONSIDERING COMPREHENSIVE PLANS; 14 AMENDING CHAPTER 1, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 15 22-111, IDAHO CODE, TO DEFINE "CONCENTRATED ANIMAL FEEDING OPERATION," TO 16 PROVIDE A CALCULATION FOR ANIMAL UNITS AND TO ADDRESS COMMON OWNERSHIP; 17 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 after April 1, 1999, to stable or confine and feed or maintain 34 more than the number of animals provided in section 22-111, Idaho Code, and 35 thereby come within the definition of concentrated animal feeding operation. 36 As used in this subsection, "expand" means: (a) an increase in the number of 37 animals stabled or confined and fed or maintained greater than that authorized 38 by permit of the governing board or construction of new facilities associated 39 with an existing operation in order to stable or confine and feed or maintain 40 a greater number of animals than authorized by permit of the governing board; 41 or (b) in case of no existing permit or a permit that does not specify animal 42 numbers, an increase in the number of animals greater than that which the lot 43 or facility is designed to confine or actually does confine. In order to 2 1 expand, a lot or facility regulated pursuant to this subsection must report 2 its current size and proposed expanded size, in number of animals, to the gov- 3 erning board. 4 (a) A governing board that enacts ordinances regulating concen- 5 trated animal feeding operations shall require that such feeding opera- 6 tions have a special or conditional use permit before construction and 7 operation may begin. A governing board shall provide for timely consider- 8 ation of applications for such permits. 9 10 (b) Concentrated animal feeding operations regulated by ordinance 11 and special or conditional use permits shall be sited for the protection 12 of the public health, safety and welfare. Subject to the provisions of 13 this subsection, ordinances and special or conditional use permits regu- 14 lating concentrated animal feeding operations may, among other consider- 15 ations deemed appropriate by the governing board: 16 17 (i) Establish reasonable setback locations for barns, 18 corrals, feed storage, and waste containment facilities from public 19 rights-of-way, existing residences, constructed residential subdivi- 20 sion developments and domestic wells; 21 22 (ii) Provide for consideration of odor management and traffic; 23 24 (iii) Provide for consideration of past performance in Idaho 25 and other states. 26 27 (c) Ordinances enacted pursuant to this subsection shall require 28 that siting approval for a concentrated animal feeding operation shall be 29 contingent upon acquisition of the following approvals and permits by the 30 owner of the concentrated animal feeding operation: 31 32 (i) Siting designs approved by a professional engineer 33 employed by the division of environmental quality or the department 34 of agriculture, whichever is appropriate, and licensed in the state 35 of Idaho; 36 37 (ii) Animal waste storage and containment facility plans 38 approved by a professional engineer employed by the division of envi- 39 ronmental quality or the department of agriculture, whichever is 40 appropriate, and licensed in the state of Idaho; 41 42 (iii) Water permits, licenses, or transfers of water rights 43 issued or approved by the Idaho department of water resources; 44 45 (iv) A waste management plan or waste management standards 46 approved by the division of environmental quality or the department 47 of agriculture, whichever is appropriate. 48 49 (d) A governing board is authorized to enforce ordinances and spe- 50 cial or conditional use permits regulating concentrated animal feeding 51 operations by providing in such ordinances or permits for on-site inspec- 52 tion of such operations as provided in this section. Inspections shall 53 take place only upon reasonable notice, which shall be provided in writing 54 at least twenty-four (24) hours in advance of the entry and inspection. 55 Inspections may be performed in conjunction with inspections conducted by 3 1 the state permitting agency. 2 3 (e) Nothing in this subsection shall limit the authority of a gov- 4 erning board to exercise powers otherwise granted in this chapter to regu- 5 late animal feeding operations that are smaller than concentrated animal 6 feeding operations as defined in section 22-111, Idaho Code. A governing 7 board with a permitting process in place on April 1, 1999, may choose to 8 continue to apply that process to concentrated animal feeding operations 9 regulated by this subsection. 10 SECTION 2. That Section 67-6537, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-6537. APPLICATION TO GROUND WATER. When considering amending, repeal- 13 ing or adopting a comprehensive plan, the local governing board shall consider 14the effect the proposed amendment, repeal or adoption of the comprehen-15sive plan would have on the quality of groundwater quality 16 issues and information regarding water availability in the area. 17 SECTION 3. That Chapter 1, Title 22, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION , to be 19 known and designated as Section 22-111, Idaho Code, and to read as follows: 20 22-111. CONCENTRATED ANIMAL FEEDING OPERATION -- DEFINED. (1) 21 "Concentrated animal feeding operation" means a lot or facility where the fol- 22 lowing conditions are met: 23 (a) Animals have been, are, or will be stabled or confined and fed or 24 maintained for a total of ninety (90) consecutive days or more in any 25 twelve-month period; 26 (b) Crops, vegetation, forage growth or post-harvest residues are not 27 sustained in the normal growing season over any portion of the lot or 28 facility; and 29 (c) The lot or facility is designed to confine or actually does confine 30 an equivalent of one thousand (1,000) animal units calculated pursuant to 31 this section. One thousand (1,000) animal units is the equivalent of the 32 number of animals specified in the following categories: 33 (i) Slaughter and feeder cattle ........................ 1,000 34 (ii) Dairy cattle ........................................ 700 35 (iii) Swine weighing over twenty-five (25) kilograms, 36 approximately fifty-five (55) pounds ....................... 2,500 37 (iv) Horses ............................................... 500 38 (v) Sheep or lambs ....................................... 10,000 39 (vi) Turkeys .............................................. 55,000 40 (vii) Laying hens or broilers (if the facility 41 has continuous overflow watering) ........................... 100,000 42 (viii) Laying hens or broilers (if the facility 43 has a liquid manure system) ................................. 30,000 44 (2) "Animal unit" means a unit of measurement for any animal feeding 45 operation calculated by adding the following numbers: The number of slaughter 46 and feeder cattle multiplied by one (1), plus the number of young slaughter or 47 feeder cattle less than twelve (12) months of age multiplied by six-tenths 48 (0.6), plus the number of mature dairy cattle multiplied by one and four- 49 tenths (1.4), plus the number of young dairy cattle multiplied by six-tenths 50 (0.6), plus the number of swine weighing over twenty-five (25) kilograms, 51 approximately fifty-five (55) pounds, multiplied by four-tenths (0.4), plus 4 1 the number of weaned swine weighing under twenty-five (25) kilograms multi- 2 plied by one-tenth (0.1), plus the number of sheep multiplied by one-tenth 3 (0.1), plus the number of horses multiplied by two (2), plus the number of 4 chickens multiplied by one one-hundredth (0.01). 5 (3) Two (2) or more concentrated animal feeding operations under common 6 ownership are considered, for the purposes of this definition, to be a single 7 animal feeding operation if they adjoin each other or if they use a common 8 area or system for the disposal of wastes. 9 SECTION 4. An emergency existing therefor, which emergency is hereby 10 declared to exist, this act shall be in full force and effect on and after its 11 passage and approval.
STATEMENT OF PURPOSE
RS09202C1
This legislation gives local units of government an optional,
standardized procedure for zoning for new or expanding large
concentrated animal feed operations. It provides zoning tools
requested by local units of government and reflects the input
provided by a wide variety of interest groups.
This legislation is very limited in scope. It "grandfathers" in
existing feeding operations. It also grandfathers in existing
permitting processes if the zoning authority chooses to continue to use
those processes. The legislation only regulates new concentrated animal
feeding operations that begin operating after April 1, 1999, or
facilities that expand after that date. Only facilities that confine
over one-thousand (1,000) animal units for over ninety (90) days are
defined as concentrated animal feeding operations. Smaller, existing
animal feeding operations are not affected by the legislation and
existing processes will continue to apply to them unless they expand
after April 1, 1999, to such a size that they come within 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 legislation provides an explicit statement of authority in
state law for zoning, for siting and permitting concentrated animal
feeding operations. Many counties have complained that without such a
statement of authority, they face constant threats of litigation.
This legislation will enhance local control, provide certainty to local
units of government and large concentrated animal feeding operations
regarding the zoning processes that will be applied, and will improve
public participation at the local level.
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: Rep. Doug Jones
Rep. Wendy Jaquet
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 364