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Des Moines Register - 3/9/2007

Rewrite of livestock laws advances in House

Putting more distance between new or expanding livestock farms and homes, water supplies and tourism areas is the aim of a proposal being considered by Iowa lawmakers.

It’s a major overhaul of state livestock laws, and is intended to limit threats to Iowans’ health, waterways and air quality. It abandons talk of giving counties local zoning control over livestock operations or calling a moratorium on new construction.

Today, the House Environmental Protection Committee endorsed for House Study Bill 267, a 25-page set of proposed new environmental controls for one of Iowa’s hallmark industries. The vote was 12-8.

Livestock farms are one of the most contentious environmental issues in Iowa. The state is the nation’s largest producers of hogs, finishing 25 million hogs a year.
It’s an industry that means jobs and a ready market for corn.

But hog and cattle farms have been blamed for fish kills caused by manure spread on crop fields or spilled directly into streams. And neighbors have long complained about respiratory irritations, asthma and annoying odors they link to the farms.

Many environmentalists had pushed for county zoning of the farms, an idea Gov. Chet Culver supported during his campaign. But that idea proved too politically hot for lawmakers, who are looking to improve state controls on the confinements and feedlots instead.

The new bill would be the latest of several major rewrites of state livestock laws over the past decade or so.

The legislation would, for the first time, give special protection to tourism areas such as the Iowa Great Lakes and Clear Lake by preventing construction within a set distance of the areas. More separation distance would be required between farms and high-quality waterways, too.

For operations with less than 500 animals units, the separation distance from the nearest tourism area, swine facility, planned residential housing development or “qualified city” would be a quarter mile. For 500 to 3,000 animals, it would be 2,640 feet.
For over 3,000, it would have to be a mile away.

The state won’t automatically turn down an application from a producer who wishes to build a new livestock operation or to expand an existing one if the structure is within the minimum separation distance — if they go through an odor assessment by Iowa State University.

But the state could turn down any project if there is “a preponderance of evidence that the construction would be detrimental” to nearby residents or protected location.

The proposal would prohibit new construction or expansion of a livestock confinement within 10,560 feet of a city identified as both an “Iowa Great Place” and as a qualified city, which means its has a comprehensive growth plan. Among cities that currently have the Great Place designation are Clinton, Coon Rapids, Sioux City, Fairfield, Guttenburg and Mason City.

Rep. Mark Kuhn said today that an existing voluntary state checklist system called the “master matrix,” intended to make the farms more environmentally friendly, hasn’t protected air and water quality as much as hoped.

In an analysis, the nonprofit Environment Iowa found that most farms could get a passing grade on the matrix simply by using concrete manure storage, adding an area for trucks to turnaround, and constructing other elements that are considered standard for such operations.

The new proposal would set up a study committee to suggest ways to change the matrix, which counties would be required to use. Now, 86 counties have opted into the program; 13 have chosen not to participate. The state Department of Natural Resources would still has the final say on permits.

Rep. Steve Olson, a Republican from De Witt, said he voted against the bill because “we are going to make it more difficult to expand Iowa’s livestock economy and make it harder for father-son operations to exist and bring young people back to the farm.”

Kuhn said he doesn’t think the bill will hamper livestock operations from growing or prospering.

Nathaniel Baer of Environment Iowa said his group welcomes the bill as a step toward limiting environmental and health damage. He predicted the bill faces spirited debate as it moves through committees to floor debate in the House and Senate.

Lobbying against the bill are major farm groups, including the Iowa Farm Bureau Federation, the Iown Corn Growers Association and the Iowa Pork Producers Association. The Iowa Department of Natural Resources has registered as “undecided.”

Eldon McAfee, lawyer for the Iowa Pork Producers Association, said hog farmers consider existing laws adequate to control pollution from livestock operations. The new bill ignores other sources, industrial plants and municipal facilities, for example, that are bigger threats, he contends.