Pros, cons of CFOs aired (8/13/04)

By MIKE SNYDER

The Commercial Review

A debate that has been a recently frequent topic on the editorial pages of The Commercial Review has shifted to a local zoning advisory board.

An open discussion about large-scale livestock farms (confined feeding operations or CFOs) at Thursday’s meeting of the Jay County Planning Commission included members of the public urging tighter regulations and more strict enforcement, and livestock farmers saying current regulations are enough.

There was no clear-cut winner in what at times sounded more like debate than a public comment session. Planning commission president Jim Zimmerman announced at the conclusion of the hour-plus discussion he will form a committee to study the county’s regulation on livestock farms and whether those regulations need to be amended.

“It’s an emotional issue,” Zimmerman told his eight fellow commission members and the approximately 30 members of the public at Thursday’s meeting. “I wish we could regulate people being good neighbors, but I don’t know how you do that.”

Five of the nine members of the planning commission farm for a living, and three of those members — Gary Theurer, Scott Hilfiker and Zimmerman — have IDEM permits to operate large livestock operations. Shane Houck and Jerry Thornburg, members who are also farmers, spoke little during Thursday’s meeting.

Area resident Bill Knapke, given the chance to make the last comment by Zimmerman, said the problem won’t be easily solved through letters to the editor or public meetings.

“Being a good neighbor is a two-way street. You’re more likely to get these problems solved one-on-one,” Knapke said.

Roughly half of those members of the public speaking Thursday urged the commission for tougher laws regarding the livestock operations, citing the threat of water pollution and the nuisance of dealing with odors.

Suggestions for the planning commission, which can initiate proposed changes in the county’s zoning ordinance for final approval from Jay County Commissioners, included increased setback distances from neighboring homes and property and the creation of a local informational hearing on the proposed projects.

Several operators of confined feeding operations contended Thursday the local regulations, which mirror IDEM rules on setbacks, are strict enough.

They and several members of the planning commission were not pleased when they learned Bill Milligan, director of the Jay/Portland Building and Planning Department, has not been verifying setbacks on CFOs before issuing a building permit.

Milligan said he believed IDEM was verifying its own setback requirements, but planning commission member John Knipp, who often stoked a sometimes emotional discussion, said IDEM is no longer verifying or enforcing any rules that don’t have anything to do with water quality.

Those setbacks include minimums from roads and neighboring residences. At least two instances were discussed Thursday in which a CFO has been constructed less than the 500 feet away from a residence as required in IDEM rules that have been adopted by the county.

While Milligan said he should have been told by IDEM about the projects, several members of the commission said a building permit should not have been issued.

“If we turn them down ... then they have to go back through IDEM,” Milligan said.

Zimmerman, who is himself a farmer and operator of a large egg production facility, said angrily, “That’s their problem ... I don’t see a need of us doing anything on our zoning ordinance.”

But longtime zoning board member Don Loy, a farmer and owner of a livestock sale barn in Noble Township, followed Zimmerman’s statement by saying he favored the creation of a local hearing so those living or owning property near a proposed CFO could learn more about the project.

“I think the neighbors need to know what’s going on,” Loy said, drawing an “amen” from several members of the audience.

Penny Roush, who lives in eastern Bearcreek Township near the site of a proposed hog operation, said she is concerned the site could be prone to flooding from the nearby Limberlost Creek. After the meeting was over she showed a videotape of flooding in 1995 to several commission members.

Knipp said IDEM would be interested in seeing the video and running calculations about whether the proposed site would be vulnerable to floods.

Carl Walker, a local banker and farmer who is a member of the county board of zoning appeals, urged the planning commission to create a local hearing, clarify and/or strengthen setbacks, and provide a definition of commercial and agricultural. Some have argued contract feeding operations, in which the livestock is not owned but only cared for by the farmer, should be classified as commercial instead of agricultural.

Among those livestock farmers speaking in support of current regulations Thursday were Casey and Marla Lutes (rural Portland), Dave Lowe (Knox Township) and Eric Pursifull (rural Redkey).[[In-content Ad]]