New CAFO regulations adopted (05/15/07)

It's a start.

That's what Jay County Commissioners projected as they approved a recommendation Monday afternoon from the Jay County Planning Commission to adopt more zoning restrictions on large livestock operations in the county.

"Hopefully more changes might be on the way," commissioner Faron Parr said in approving the ordinance.

The recommendation to adopt the ordinance was made by commissioner Gary Theurer, who is also a member of the planning commission and a CFO operator. Commissioner Milo Miller Jr. was not present for Monday's meeting.

In the past several years, commissioners, as well as the planning commission, have been struggling with concerns about the increase in construction of concentrated animal feeding operations (CAFOs) and confined feeding operations (CFOs). Rural residents have regularly expressed their concerns to local governing groups about the rapid growth.

Large-scale livestock operations in Jay County have doubled in volume over the past three years, statistics show.

According to an August 2006 report from the Indiana Department of Environmental Management, Jay County's swine herd was projected to be in excess of 270,000.

Comparing this number with the 2002 Census of Agriculture that reported total swine in Jay County at 95,567, it shows a tripling of the county's inventory during the past five years.

Although recommendations to tighten the restrictions have been presented to commissioners during the past couple of years, they have hesitated to increase the regulations on those operations, waiting to see if state regulations would address the issue.

However, a bill addressing such operations failed to pass the recent session of the Indiana General Assembly.

In a recent study undertaken by Ball State University's Department of Urban Planning and Building Better Communities program, Eric Kelly, professor and chairman of the department, praised county officials for having rural zoning in place and he urged them to expand on those regulations if necessary.

"You have this tool on the books," Kelly told the commission in April, noting that many counties do not have dual zoning classifications in rural areas - agricultural-residential and rural-residential. "Use it. It's a really useful tool."

Zoning in Jay County was adopted in 1991, following preparation of a comprehensive plan in 1989 and 1990. Zoning was adopted in response to concerns of local citizens about a possible second landfill opening in Jefferson Township.

The updated regulations now require concentrated animal feeding operations (CAFOs) and confined feeding operations (CFOs) structures to be set back an additional 250 feet.

The setback from nearby homes is now 750 feet, while the required setback for church, schools and businesses, commercially zoned recreational areas or any publicly-owned building is 1,250 feet.

Also, there is setback of 1,550 feet from any areas zoned rural residential.

Additionally, residents in a half mile radius of the proposed construction must be notified in writing, and public comment will be taken on the on the plan. Previously, only adjacent landowners were required to be notified.

Also, a copy of plans submitted to Indiana Department of Environmental Management (IDEM) for proposed operations must now be provided to the Jay/Portland Building and Planning Department.

In making that recommendation, Bill Milligan, administrator/director, explained that many times his department does not know the exact location of the proposed operation.

Commissioners waived the rules Monday and adopted the resolution on the second reading, thus immediately setting the new regulations into motion.[[In-content Ad]]