Bill > HF2418

Introduced Session

BACKGROUND —— GENERAL. Confinement feeding operations are regulated by the department of natural resources (DNR) under the “Animal Agriculture Compliance Act” (AACA) (Code chapter 459). A confinement feeding operation is a type of animal feeding operation in which agricultural animals are maintained for at least 45 days in any 12-month period. A confinement feeding operation is an animal feeding operation in which animals are kept in a structure (building) that is totally roofed, and includes any associated manure storage structure (Code section 459.102). Generally, a confinement feeding operation must retain manure that is produced at the location until the manure is transported and used according to water quality requirements (e.g., via application on farmland) (see Code section 459.311). Regulations governing confinement feeding operations vary based on the size of the operation measured by its animal unit capacity (AUC). AUC refers to a measurement used to determine the maximum number of animal units that may be maintained as part of a confinement feeding operation at any one time. In calculating AUC, a special equivalency factor is assigned for each classification of confined agricultural animal. A confinement feeding operation with an AUC of 1,000 or more animal units (e.g., 2,500 swine weighing 55 or more pounds) must be issued a permit to construct or expand a confinement feeding operation structure. BACKGROUND —— COUNTY PARTICIPATION. A county board of supervisors (board) is prevented from adopting a county zoning ordinance that applies to land and structures associated with agricultural production (Code section 335.2). A board is also preempted from exercising county home rule authority over the regulation of animal feeding operations (Code section 331.304A), Under the AACA, a board may formally evaluate the siting of a confinement feeding operation structure (Code section 459.304). The board must adopt a construction evaluation resolution. Under the resolution, the board applies a master matrix in which the board scores criteria relating to the construction of a confinement feeding operation structure as specified in a permit application to DNR. The board may submit an adopted recommendation to DNR to approve or disapprove the application. The board may also submit comments regarding the management of manure incorporated into the confinement feeding operation’s manure management plan. BILL’S PROVISIONS. This bill enacts a provision in Code chapter 459, subchapter III, which regulates water quality (see Code section 459.311). The bill provides that a county may adopt a confinement feeding operations siting ordinance (ordinance) that allows a board to approve the site of the construction or expansion of a confinement feeding operation structure that would be part of a confinement feeding operation that has an AUC of 1,000 animal units or more. The ordinance authorizes the board to place conditions on site approval or the application of manure originating from the confinement feeding operation. The bill provides that the ordinance may establish separation distance requirements between a confinement feeding operation structure and a benefited object or location that is greater than required by the AACA (Code section 459.202 governing air quality). The bill provides that the county may adopt the ordinance notwithstanding provisions in Code sections 331.2 and 331.304A.

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Ken Croken (D)*,  Elinor Levin (D)*,  Beth Wessel-Kroeschell (D)*,  Ross Wilburn (D)*, 

Introduced, referred to Agriculture. H.J. 272. (on 02/12/2026)

Official Document