SF 2675

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; allowing certain feedlots to 
  1.3             operate without a permit; providing that certain local 
  1.4             ordinances be submitted to the pollution control 
  1.5             agency and the commissioner of agriculture for 
  1.6             approval; providing for setbacks between feedlots and 
  1.7             residences; amending Minnesota Statutes 1994, section 
  1.8             394.25, by adding a subdivision; Minnesota Statutes 
  1.9             1995 Supplement, section 116.07, subdivision 7. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.12  116.07, subdivision 7, is amended to read: 
  1.13     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  1.14  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  1.15  with approval of the pollution control agency, assume 
  1.16  responsibility for processing applications for permits required 
  1.17  by the pollution control agency under this section for livestock 
  1.18  feedlots, poultry lots or other animal lots.  The responsibility 
  1.19  for permit application processing, if assumed by a county, may 
  1.20  be delegated by the county board to any appropriate county 
  1.21  officer or employee.  
  1.22     (a) For the purposes of this subdivision, the term 
  1.23  "processing" includes: 
  1.24     (1) the distribution to applicants of forms provided by the 
  1.25  pollution control agency; 
  1.26     (2) the receipt and examination of completed application 
  1.27  forms, and the certification, in writing, to the pollution 
  2.1   control agency either that the animal lot facility for which a 
  2.2   permit is sought by an applicant will comply with applicable 
  2.3   rules and standards, or, if the facility will not comply, the 
  2.4   respects in which a variance would be required for the issuance 
  2.5   of a permit; and 
  2.6      (3) rendering to applicants, upon request, assistance 
  2.7   necessary for the proper completion of an application. 
  2.8      (b) For the purposes of this subdivision, the term 
  2.9   "processing" may include, at the option of the county board, 
  2.10  issuing, denying, modifying, imposing conditions upon, or 
  2.11  revoking permits pursuant to the provisions of this section or 
  2.12  rules promulgated pursuant to it, subject to review, suspension, 
  2.13  and reversal by the pollution control agency.  The pollution 
  2.14  control agency shall, after written notification, have 15 days 
  2.15  to review, suspend, modify, or reverse the issuance of the 
  2.16  permit.  After this period, the action of the county board is 
  2.17  final, subject to appeal as provided in chapter 14. 
  2.18     (c) For the purpose of administration of rules adopted 
  2.19  under this subdivision, the commissioner and the agency may 
  2.20  provide exceptions for cases where the owner of a feedlot has 
  2.21  specific written plans to close the feedlot within five years.  
  2.22  These exceptions include waiving requirements for major capital 
  2.23  improvements. 
  2.24     (d) For purposes of this subdivision, a discharge caused by 
  2.25  an extraordinary natural event such as a precipitation event of 
  2.26  greater magnitude than the 25-year, 24-hour event, tornado, or 
  2.27  flood in excess of the 100-year flood is not a "direct discharge 
  2.28  of pollutants." 
  2.29     (e) In adopting and enforcing rules under this subdivision, 
  2.30  the commissioner shall cooperate closely with other governmental 
  2.31  agencies. 
  2.32     (f) The pollution control agency shall work with the 
  2.33  Minnesota extension service, the department of agriculture, the 
  2.34  board of water and soil resources, producer groups, local units 
  2.35  of government, as well as with appropriate federal agencies such 
  2.36  as the Soil Conservation Service and the Agricultural 
  3.1   Stabilization and Conservation Service, to notify and educate 
  3.2   producers of rules under this subdivision at the time the rules 
  3.3   are being developed and adopted and at least every two years 
  3.4   thereafter. 
  3.5      (g) The pollution control agency shall adopt rules 
  3.6   governing the issuance and denial of permits for livestock 
  3.7   feedlots, poultry lots or other animal lots pursuant to this 
  3.8   section.  A feedlot permit is not required for livestock 
  3.9   feedlots with more than ten but less than 50 animal units; 
  3.10  provided they are not in shoreland areas.  A feedlot permit is 
  3.11  not required for an animal feedlot with less than 50 animal 
  3.12  units unless an inspection by agency staff or a county feedlot 
  3.13  pollution control officer determines that the animal feedlot 
  3.14  creates or maintains a potential pollution hazard.  These rules 
  3.15  apply both to permits issued by counties and to permits issued 
  3.16  by the pollution control agency directly.  
  3.17     (h) The pollution control agency shall exercise supervising 
  3.18  authority with respect to the processing of animal lot permit 
  3.19  applications and adoption of ordinances affecting their 
  3.20  operation by a county.  
  3.21     Sec. 2.  Minnesota Statutes 1994, section 394.25, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 3b.  [FEEDLOT ZONING ORDINANCES.] (a) Before adoption 
  3.24  of an ordinance affecting feedlots under this chapter, the 
  3.25  county must notify the pollution control agency and the 
  3.26  commissioner of agriculture that it is considering such an 
  3.27  ordinance.  The pollution control agency in conjunction with the 
  3.28  commissioner of agriculture must provide information and 
  3.29  technical assistance to enable the county to develop the 
  3.30  ordinance.  After the ordinance is completed, and before 
  3.31  adoption, the county must submit a copy of the ordinance to the 
  3.32  pollution control agency and to the commissioner of agriculture 
  3.33  for review and comment on the environmental and agricultural 
  3.34  effect of specific provisions in the ordinance.  Within 60 days 
  3.35  after receiving a copy of the proposed ordinance for review and 
  3.36  comment, the pollution control agency in conjunction with the 
  4.1   commissioner of agriculture must provide an advisory report to 
  4.2   the county board and publish a notification of the advisory 
  4.3   report in a newspaper of general circulation in the county.  If 
  4.4   the agency or the commissioner object to any elements in the 
  4.5   ordinance, the agency or commissioner shall include in the 
  4.6   advisory report: 
  4.7      (1) a list of the objections to specific elements in the 
  4.8   ordinance; 
  4.9      (2) the legal, economic, or scientific justification for 
  4.10  each objection under clause (1); and 
  4.11     (3) recommended changes in the ordinance to address the 
  4.12  objections under clause (1).  The ordinance may not become 
  4.13  effective before 30 days after the advisory report is provided. 
  4.14     (b) A local ordinance that contains a setback for new 
  4.15  feedlots from residences must provide for a new residence 
  4.16  setback from existing feedlots located in areas zoned 
  4.17  agricultural at the same distances and conditions specified in 
  4.18  the setback for new feedlots, unless the new residence is built 
  4.19  to replace an existing residence or is on land under the same 
  4.20  ownership as that of the feedlot.  A county may grant a variance 
  4.21  from this requirement, under section 394.27, subdivision 7.