County Health Ordinances: Local CAFO Regulations

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County Health Ordinances Local CAFO Regulations
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Missouri is one of the top ten states in swine
production in the U.S. It is seventh in the
nation, after Iowa, North Carolina, Minnesota,
Illinois, Indiana and Nebraska.
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Changes in Missouri Swine Inventory over the last
twenty years
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Table 4. Annual Hog Marketings, Selected States
and U.S.
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http//www.ers.usda.gov/Statefacts/MO.htm (viewed
April 2, 2008)
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http//www.ers.usda.gov/Statefacts/MO.htm (viewed
April 2, 2008)
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http//www.ers.usda.gov/Statefacts/MO.htm (viewed
April 2, 2008)
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Why didnt Missouri counties use zoning
regulations with CAFOs?

• Zoning Ordinances Counties and townships do not
  have jurisdiction (power) to enact zoning
  restrictions impacting agricultural structures
  (CAFOs)
• Premium Standard Farms, Inc. v. Lincoln Township
  of Putnam County (1997, Missouri Court of
  Appeals)

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Missouri Statutes Restricted Grant of Zoning
Powers to Counties Townships

• Chapter 65.677 provides townships authority to
  set aside land for agricultural use
• This Statute specifically states that the zoning
  powers granted to townships by sections 65.650 to
  65.700 "shall not be exercised so as to impose
  regulations or to require permits . . . with
  respect to the erection, maintenance, repair,
  alteration or extension of farm buildings or farm
  structures."

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Can Counties/Townships Use Health Ordinances To
Control CAFOs?

• Yes
• Borron v. Farrenkopf (Missouri, Court of Appeals,
  1999) (Linn County)

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Missouri Statutes Granted Counties Townships
the Power to Regulate for Health

• Under section 192.300, Linn County was given the
  power to make additional health rules to enhance
  the public health and prevent the entrance of
  dangerous diseases into the county.
• Linn Countys regulation under its health
  ordinance of the structures and lagoons of the
  Borrons hog facility is rationally related to
  the purpose of public health enhancement and
  disease prevention.
• Moreover, the Ordinance was not a zoning
  ordinance but was indeed a health ordinance.
• The provisions in the Ordinance as to building
  locations and setback provisions were to protect
  nearby water and ground, as well as the air. Linn
  County was not prohibited from enacting the
  Ordinance under section 64.620, but had the power
  for such action under section 192.300.

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Chapter 192.300 (Missouri) County Health
Ordinances

• The county commissions and the county health
  center boards of the several counties may make
  and promulgate ordinances or regulations as will
  tend to enhance the public health and prevent the
  entrance of infectious, contagious, communicable
  or dangerous diseases into such county

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County Health Ordinance

• Any person who violates any of the orders or
  ordinances adopted, promulgated and published by
  such county commission is guilty of a misdemeanor
  and shall be prosecuted, tried and fined as
  otherwise provided by law.

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County Health Ordinance

• The county commission or county health board of
  any such county has full power and authority to
  initiate the prosecution of any action under this
  section.

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County Health Board

• The county commissions and the county health
  center boards of the several counties may
  establish reasonable fees to pay for any costs
  incurred in carrying out such orders, ordinances,
  rules or regulations,
• All fees generated under the provisions of this
  section shall be used to support the public
  health activities for which they were generated.

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County Health Board 205.031

• Five trustees
• Four-year terms
• County election
• Do not run for election with party affiliation
• Separate from the County Commission

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Controversy in Nodaway County over its Health
Ordinance

• Nodaway Health Board voted in a CAFO health
  ordinance
• But the County Commission didnt want a CAFO
  health ordinance
• Result Litigation on-going

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CAFO County Health Ordinance

• Missouri 16 counties which have adopted a health
  ordinance regulating concentrated animal
  feeding operations
• Missouri statutes do not allow counties to zone
  CAFOs (agricultural structures)
• In 1996 Missouri enacted a CAFO statute with
  buffer requirements for CAFOs with 1,000 animal
  units or larger
• Statute prohibits the Missouri Department of
  Natural Resources (DNR) from enacting regulations
  with greater buffer distances

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Typical Missouri County CAFO Ordinance

• How large must a CAFO be before it is subject to
  the county ordinance?
• 300 or more Animal Units (AU)
• Compare to Missouris CAFO statute
• 1,000 or more AU

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CAFO Setbacks

• From another CAFO ¼ to 1 mile
• Lagoon/feedlot from an existing residence
• 2,000 feet
• Other setbacks To an occupied dwelling or
  populated area
• 1,000 feet to 2 miles (increase ¼ mile per 500 AU
  over 2,000 AU)

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Land Required

• 1 acre per 4 AU (wet system)
• Continuous land tract for wet system
• 1 acre per 8 AU (dry system)

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Land Application Setbacks

• 100 to 1,000 feet for dwellings, public areas,
  sinkholes, strip pits, wells, springs, streams,
  and water supply sources

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Air Quality Restrictions

• Yes

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Financial Security

• 30,000 to 70,000 cash or surety bond
• Extra 20,000 per 500 AU over 2,000 AU

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County Fees

• 1,000 to 10,000
• Renewal fee (every 5 years) is less
• 100 to 500

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County Health Ordinances Local CAFO Regulations