Changes in CFO laws move ahead (07/14/06)

Not all members of the Jay County Planning Commission agreed, but changes in the county’s livestock laws have been recommended for approval.

Six members of the nine-member board voted to recommended changes concerning set-back regulations as well as the notification procedures of surrounding residents in the start-up process. Voting against the changes were board president Jim Zimmerman, Shane Houck, and Eric Pursifull. Zimmerman and Pursifull operate state-regulated confined feeding operations.

The recommendation is now expected to be presented to Jay County Commissioners for their approval.

“We handle building and planning, not environmental issues,” Zimmerman advised the audience of nearly 100 interested citizens. “That’s what we’re addressing here tonight. If you want to speak, speak on those issues.”

Before citizens were heard, Zimmerman, who operates a poultry CFO in southwestern Jay County, reminded the audience of the impact of farming locally.

“In Jay County, farmers represent almost half of the total revenue,” he cited from statistics. “Total income is $97 million, 15th in the state; crop receipts total more than $35 million, ranking Jay County 48th in the state; and livestock receipts are nearly $50 million, ranking Jay County ninth in the state. Also, Jay County farmers pay over 41 percent of the Jay County property tax revenues.”

After nearly two hours of listening to public comments and discussing the changes, the board voted to increase all setback regulations by 250 feet, (except for road or highway right-of way or from any property line, which remained at 100 feet) and to give notification to surrounding landowners within one-half mile radius of the proposed operation instead of the initial one-mile.

About a dozen interested citizens, mostly representing the farmer’s right to construct CFOs and CAFOs, signed up to speak.

Tammy Lawson, director of Industry Information and Regulatory Affairs for the Indiana State Department of Agriculture, was on hand for Thursday’s hearing and addressed the group, noting that 16 counties in Indiana are dealing with the same concerns as Jay County.

“I’m not here to advise you on anything,” she said, “only to let you know that we support your efforts and will help in any way we can. I’m here to answer questions and be respectful of what the county is going through.”

Drew Cleveland, a field representative for the Indiana Farm Bureau for more than eight years, reminded the group of the Right to Farm Law established to “protect farmers from nuisance lawsuits, such as odor, dust or noise. As a result of sprawl, some states have done things to protect the farmer and the people moving to the country, who should accept the odor, dust, and noise.”

He also reminded the commission members that the state continues to revise regulations on such operations. “I suggest you wait and see what the state comes up with as far as new regulations,” he advised.

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But the decision to hold off on adopting new regulations is what brought about Thursday night’s meeting.

In 2004-05 a committee of health officials, farmers, and educators spent months researching and working on proposed recommendations to be presented to Jay County Commissioners for their approval. However, county officials never acted on those recommendations, citing at that time as well the state’s plan to add more control to such operations.

“This all started in April when I took my concerns to the commissioners,” Noble Township resident, Beth LeMaster, told the crowd Thursday. “As with any industry, there is good and there is bad. I still have questions.”

LeMaster told commissioners in April that she was concerned because of a proposed CFO operation being constructed near her residence and she was not notified.

“Who knows when enough is enough,” LeMaster said about the increased construction of such operations.

Following several weeks of discussion concerning the proposed regulations, commissioners at that time agreed to send the comprehensive study’s recommendations back to the planning commission for its review and proposed recommendations.

“That committee worked on this for two years,” commission member Don Loy pointed out about the 2005 local study, “and now we’re tearing it apart. Why? We just keep changing it and changing it.”

Vicky Lochtefeld, who along with her husband, Jim, own a large hog operation in southeastern Jay County, and who has been outspoken in the past few years about the farmers’ rights, spoke to the group as well.

“Farmers are good stewards of the land,” she said, “they’re not going to abuse the land. I’m not going to apologize for being a farmer. All I’m asking for (from commission members) is consideration. Keep it fair. Protect our right to farm.”

“We think there are common grounds we can come to,” said Dave Lowe, owner of the Fort Recovery Construction Equipment Company, and also a CAFO owner in Jay and Wells counties. “We want to be good neighbors. This is not a war situation. We think there is an opportunity here to come to common ground. We’re willing to give, but feel there needs to be some reciprocation.”

Farmers agreed that most operations are run efficiently and according to Indiana Department of Environmental Management regulations.

“There has never been a contaminated well in Jay County by a CFO or CAFO,” Cleveland told the crowd when he spoke.

“Are we trying to overregulate something that doesn’t need overregulated?” asked Purdue Cooperative Extension Agent, John Knipp. “I don’t like regulations any more than anyone else.”

“I don’t know that the answer is,” said board member Shane Houck. “We want to please both sides.”[[In-content Ad]]