View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0730......................................................by STATE AFFAIRS
CONFINED FEEDING OPERATIONS - Amends existing law to strike a restriction
entitling only certain persons to provide comment at public hearings held
by boards of county commissioners for the siting of certain large confined
animal feeding operations and facilities.
02/19 House intro - 1st rdg - to printing
02/20 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 730
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING AND APPLICABILITY TO AGRICULTURAL LAND;
3 AMENDING SECTION 67-6529, IDAHO CODE, TO STRIKE A RESTRICTION ENTITLING
4 ONLY CERTAIN PERSONS TO PROVIDE COMMENT AT PUBLIC HEARINGS HELD BY BOARDS
5 OF COUNTY COMMISSIONERS FOR THE SITING OF CERTAIN LARGE CONFINED ANIMAL
6 FEEDING OPERATIONS AND FACILITIES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-6529, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-6529. APPLICABILITY TO AGRICULTURAL LAND -- COUNTIES MAY REGULATE SIT-
11 ING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES. (1) No power granted hereby
12 shall be construed to empower a board of county commissioners to enact any
13 ordinance or resolution which deprives any owner of full and complete use of
14 agricultural land for production of any agricultural product. Agricultural
15 land shall be defined by local ordinance or resolution.
16 (2) Notwithstanding any provision of law to the contrary, a board of
17 county commissioners shall enact ordinances and resolutions to regulate the
18 siting of large confined animal feeding operations and facilities, as they
19 shall be defined by the board, provided however, that the definition of a con-
20 fined animal feeding operation shall not be less restrictive than the defini-
21 tion contained in section 67-6529C, Idaho Code, including the approval or
22 rejection of sites for the operations and facilities. At a minimum, a county's
23 ordinance or resolution shall provide that the board of county commissioners
24 shall hold at least one (1) public hearing affording the public an opportunity
25 to comment on each proposed site before the siting of such facility. Several
26 sites may be considered at any one (1) public hearing. Only members of the
27 public with their primary residence within a one (1) mile radius of a proposed
28 site may provide comment at the hearing. However, this distance may be
29 increased by the board. A record of each hearing and comments received shall
30 be made by the board. The comments shall be duly considered by the board when
31 deciding whether to approve or reject a proposed site. A board of county com-
32 missioners may reject a site regardless of the approval or rejection of the
33 site by a state agency.
STATEMENT OF PURPOSE
RS 14130
This legislation allows broader citizen access to county
public hearings on the siting of confined animal feeding
operations. Current language prohibits participation by those
who do not have a primary residence within one mile of a proposed
site.
FISCAL IMPACT
No measurable fiscal impact to the general fund. Some
additional time at the public hearing on siting of CAFOS may
result.
Contact
Name: Representative Wendy Jaquet
Phone: 332-1133
STATEMENT OF PURPOSE/FISCAL NOTE H 730