SF 1346

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for state review of 
  1.3             county feedlot ordinances under certain circumstances; 
  1.4             providing for setbacks between feedlots and residents; 
  1.5             amending Minnesota Statutes 1996, sections 116.07, 
  1.6             subdivision 7; 116D.04, subdivision 2a; and 394.25, by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 116.07, 
  1.10  subdivision 7, is amended to read: 
  1.11     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  1.12  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  1.13  with approval of the pollution control agency, assume 
  1.14  responsibility for processing applications for permits required 
  1.15  by the pollution control agency under this section for livestock 
  1.16  feedlots, poultry lots or other animal lots.  The responsibility 
  1.17  for permit application processing, if assumed by a county, may 
  1.18  be delegated by the county board to any appropriate county 
  1.19  officer or employee.  
  1.20     (a) For the purposes of this subdivision, the term 
  1.21  "processing" includes: 
  1.22     (1) the distribution to applicants of forms provided by the 
  1.23  pollution control agency; 
  1.24     (2) the receipt and examination of completed application 
  1.25  forms, and the certification, in writing, to the pollution 
  1.26  control agency either that the animal lot facility for which a 
  2.1   permit is sought by an applicant will comply with applicable 
  2.2   rules and standards, or, if the facility will not comply, the 
  2.3   respects in which a variance would be required for the issuance 
  2.4   of a permit; and 
  2.5      (3) rendering to applicants, upon request, assistance 
  2.6   necessary for the proper completion of an application. 
  2.7      (b) For the purposes of this subdivision, the term 
  2.8   "processing" may include, at the option of the county board, 
  2.9   issuing, denying, modifying, imposing conditions upon, or 
  2.10  revoking permits pursuant to the provisions of this section or 
  2.11  rules promulgated pursuant to it, subject to review, suspension, 
  2.12  and reversal by the pollution control agency.  The pollution 
  2.13  control agency shall, after written notification, have 15 30 
  2.14  days to review, suspend, modify, or reverse the issuance of the 
  2.15  permit.  After this period, the action of the county board is 
  2.16  final, subject to appeal as provided in chapter 14. 
  2.17     (c) For the purpose of administration of rules adopted 
  2.18  under this subdivision, the commissioner and the agency may 
  2.19  provide exceptions for cases where the owner of a feedlot has 
  2.20  specific written plans to close the feedlot within five years.  
  2.21  These exceptions include waiving requirements for major capital 
  2.22  improvements. 
  2.23     (d) For purposes of this subdivision, a discharge caused by 
  2.24  an extraordinary natural event such as a precipitation event of 
  2.25  greater magnitude than the 25-year, 24-hour event, tornado, or 
  2.26  flood in excess of the 100-year flood is not a "direct discharge 
  2.27  of pollutants." 
  2.28     (e) In adopting and enforcing rules under this subdivision, 
  2.29  the commissioner shall cooperate closely with other governmental 
  2.30  agencies. 
  2.31     (f) The pollution control agency shall work with the 
  2.32  Minnesota extension service, the department of agriculture, the 
  2.33  board of water and soil resources, producer groups, local units 
  2.34  of government, as well as with appropriate federal agencies such 
  2.35  as the Soil Natural Resources Conservation Service and 
  2.36  the Agricultural Stabilization and Conservation Service Farm 
  3.1   Service Agency, to notify and educate producers of rules under 
  3.2   this subdivision at the time the rules are being developed and 
  3.3   adopted and at least every two years thereafter. 
  3.4      (g) The pollution control agency shall adopt rules 
  3.5   governing the issuance and denial of permits for livestock 
  3.6   feedlots, poultry lots or other animal lots pursuant to this 
  3.7   section.  A feedlot permit is not required for livestock 
  3.8   feedlots with more than ten but less than 50 animal units; 
  3.9   provided they are not in shoreland areas. A feedlot permit is 
  3.10  not required for an animal feedlot with less than 50 animal 
  3.11  units unless an inspection by agency staff or a county feedlot 
  3.12  pollution control officer determines that the animal feedlot 
  3.13  creates or maintains a pollution hazard.  These rules apply both 
  3.14  to permits issued by counties and to permits issued by the 
  3.15  pollution control agency directly.  
  3.16     (h) The pollution control agency shall exercise supervising 
  3.17  authority with respect to the processing of animal lot permit 
  3.18  applications by a county.  If a county requests assistance in 
  3.19  the development of a feedlot ordinance, the agency and the 
  3.20  commissioner of agriculture shall provide information and 
  3.21  technical assistance to the county. 
  3.22     Sec. 2.  Minnesota Statutes 1996, section 116D.04, 
  3.23  subdivision 2a, is amended to read: 
  3.24     Subd. 2a.  Where there is potential for significant 
  3.25  environmental effects resulting from any major governmental 
  3.26  action, the action shall be preceded by a detailed environmental 
  3.27  impact statement prepared by the responsible governmental unit.  
  3.28  The environmental impact statement shall be an analytical rather 
  3.29  than an encyclopedic document which describes the proposed 
  3.30  action in detail, analyzes its significant environmental 
  3.31  impacts, discusses appropriate alternatives to the proposed 
  3.32  action and their impacts, and explores methods by which adverse 
  3.33  environmental impacts of an action could be mitigated.  The 
  3.34  environmental impact statement shall also analyze those 
  3.35  economic, employment and sociological effects that cannot be 
  3.36  avoided should the action be implemented.  To ensure its use in 
  4.1   the decision making process, the environmental impact statement 
  4.2   shall be prepared as early as practical in the formulation of an 
  4.3   action.  
  4.4      (a) The board shall by rule establish categories of actions 
  4.5   for which environmental impact statements and for which 
  4.6   environmental assessment worksheets shall be prepared as well as 
  4.7   categories of actions for which no environmental review is 
  4.8   required under this section.  
  4.9      (b) The responsible governmental unit shall promptly 
  4.10  publish notice of the completion of an environmental assessment 
  4.11  worksheet in a manner to be determined by the board and shall 
  4.12  provide copies of the environmental assessment worksheet to the 
  4.13  board and its member agencies.  Comments on the need for an 
  4.14  environmental impact statement may be submitted to the 
  4.15  responsible governmental unit during a 30 day period following 
  4.16  publication of the notice that an environmental assessment 
  4.17  worksheet has been completed.  The responsible governmental 
  4.18  unit's decision on the need for an environmental impact 
  4.19  statement shall be based on the environmental assessment 
  4.20  worksheet and the comments received during the comment period, 
  4.21  and shall be made within 15 days after the close of the comment 
  4.22  period.  The board's chair may extend the 15 day period by not 
  4.23  more than 15 additional days upon the request of the responsible 
  4.24  governmental unit.  
  4.25     (c) An environmental assessment worksheet shall also be 
  4.26  prepared for a proposed action whenever material evidence 
  4.27  accompanying a petition by not less than 25 individuals, 
  4.28  submitted before the proposed project has received final 
  4.29  approval by the appropriate governmental units, demonstrates 
  4.30  that, because of the nature or location of a proposed action, 
  4.31  there may be potential for significant environmental effects.  
  4.32  Petitions requesting the preparation of an environmental 
  4.33  assessment worksheet shall be submitted to the board.  The chair 
  4.34  of the board shall determine the appropriate responsible 
  4.35  governmental unit and forward the petition to it.  A decision on 
  4.36  the need for an environmental assessment worksheet shall be made 
  5.1   by the responsible governmental unit within 15 days after the 
  5.2   petition is received by the responsible governmental unit.  The 
  5.3   board's chair may extend the 15 day period by not more than 15 
  5.4   additional days upon request of the responsible governmental 
  5.5   unit.  For all actions relating to a feedlot, including a permit 
  5.6   issued under section 116.07, subdivision 7, the petition must 
  5.7   include the signatures of not less than 25 residents or property 
  5.8   owners of the county or counties in which the feedlot is located.
  5.9      (d) The board may, prior to final approval of a proposed 
  5.10  project, require preparation of an environmental assessment 
  5.11  worksheet by a responsible governmental unit selected by the 
  5.12  board for any action where environmental review under this 
  5.13  section has not been specifically provided for by rule or 
  5.14  otherwise initiated.  
  5.15     (e) An early and open process shall be utilized to limit 
  5.16  the scope of the environmental impact statement to a discussion 
  5.17  of those impacts, which, because of the nature or location of 
  5.18  the project, have the potential for significant environmental 
  5.19  effects.  The same process shall be utilized to determine the 
  5.20  form, content and level of detail of the statement as well as 
  5.21  the alternatives which are appropriate for consideration in the 
  5.22  statement.  In addition, the permits which will be required for 
  5.23  the proposed action shall be identified during the scoping 
  5.24  process.  Further, the process shall identify those permits for 
  5.25  which information will be developed concurrently with the 
  5.26  environmental impact statement.  The board shall provide in its 
  5.27  rules for the expeditious completion of the scoping process.  
  5.28  The determinations reached in the process shall be incorporated 
  5.29  into the order requiring the preparation of an environmental 
  5.30  impact statement.  
  5.31     (f) Whenever practical, information needed by a 
  5.32  governmental unit for making final decisions on permits or other 
  5.33  actions required for a proposed project shall be developed in 
  5.34  conjunction with the preparation of an environmental impact 
  5.35  statement.  
  5.36     (g) An environmental impact statement shall be prepared and 
  6.1   its adequacy determined within 280 days after notice of its 
  6.2   preparation unless the time is extended by consent of the 
  6.3   parties or by the governor for good cause.  The responsible 
  6.4   governmental unit shall determine the adequacy of an 
  6.5   environmental impact statement, unless within 60 days after 
  6.6   notice is published that an environmental impact statement will 
  6.7   be prepared, the board chooses to determine the adequacy of an 
  6.8   environmental impact statement.  If an environmental impact 
  6.9   statement is found to be inadequate, the responsible 
  6.10  governmental unit shall have 60 days to prepare an adequate 
  6.11  environmental impact statement.  
  6.12     Sec. 3.  Minnesota Statutes 1996, section 394.25, is 
  6.13  amended by adding a subdivision to read: 
  6.14     Subd. 3b.  [FEEDLOT ZONING ORDINANCES.] (a) If, prior to 
  6.15  final approval of a feedlot ordinance, a petition is filed with 
  6.16  the county board by not less than 25 county residents objecting 
  6.17  to the proposed ordinance, the county must submit a copy of the 
  6.18  proposed ordinance to the pollution control agency and to the 
  6.19  commissioner of agriculture for review and comment on the 
  6.20  environmental and agricultural effects from specific provisions 
  6.21  in the ordinance.  Within 60 days after receiving a copy of the 
  6.22  proposed ordinance for review and comment, the pollution control 
  6.23  agency in conjunction with the commissioner of agriculture must 
  6.24  provide an advisory report to the county board.  The advisory 
  6.25  report must include: 
  6.26     (1) any recommendations for improvements in the ordinance; 
  6.27  and 
  6.28     (2) the legal, social, economic, or scientific 
  6.29  justification for each recommendation under clause (1). 
  6.30     The ordinance may not become effective before 30 days after 
  6.31  the advisory report is provided. 
  6.32     (b) A local ordinance that contains a setback for new 
  6.33  feedlots from existing residences must also provide for a new 
  6.34  residence setback from existing feedlots located in areas zoned 
  6.35  agricultural at the same distances and conditions specified in 
  6.36  the setback for new feedlots, unless the new residence is built 
  7.1   to replace an existing residence.  A county may grant a variance 
  7.2   from this requirement under section 394.27, subdivision 7.