July 23, 2014 at 2:10 p.m.
Public hearing on CFO ordinance set Thursday (07/12/06)
Jay County Planning Commission
By By MARY ANN LEWIS-
A local advisory board is asking for public input on proposed changes in local laws regulating large-scale livestock operations.
The Jay County Planning Commission will hold a public hearing Thursday at 7 p.m. in the auditorium of the Jay County Courthouse to consider proposed amendments to the Jay County Zoning Ordinance concerning confined feeding operations.
The meeting follows several months of discussion by county officials and concerned residents about controlling confined feeding operations (CFO) and concentrated animal feeding operations (CAFO) in the county.
Anyone wanting to voice an opinion or ask questions, should be given the opportunity to do so, however time limit and comment content may be controlled by plan commission chairman, Jim Zimmerman.
In 2005 a committee of health and county officials, farmers, educators and members of the public spent months researching and working on proposed recommendations to be presented to commissioners for their approval.
County officials never acted on those recommendations, citing the state’s plan to add more control to such operations.
Concerned about the recent increase in the number of confined animal construction projects in the county, a group of Noble Township residents recently took those concerns to the commissioners, who agreed to have the planning commission study them again and make a recommendation.
The planning commission is expected to make a recommendation to commissioners following Thursday’s meeting that will include two areas of change in the initial recommendations — setback regulations and notification in the startup process.
The confined feeding regulations with the changes and what the commission will be considering at Thursday’s meeting include:
•The building and planning department shall contact neighbors within a one-half mile (previously one mile) radius in writing for comments and shall publish a notice in the local newspaper of the proposed plan ... All public comments will be reviewed by the county highway department, county surveyor, and the zoning administration. After reviewing the application, results of the site inspection ... the zoning administrator will notify the operator applicant.
•All structures and confined lots designed to house or contain livestock shall be set back 750 (previously 500) feet from any residence that is not owned by the confined feeding operator.
•All structures and confined lots ... should be set back 1,250 (previously 1,000) feet from any existing church, business, school, commercial recreational area ... or any public buildings, and 1,500 (previously 1,300) feet from any area zoned residential or any area that has a recorded residential plot.
•All structures shall be set back 100 feet from any road or highway right-of-way.
•All structures shall be set back 100 feet from any property line.
The purpose of the setback is to separate the homeowner and others from the normal noises and odors which accompany a CFO.
New provisions designed to provide setback protection for the confined feeding operation include:
•No family residence except that of the CFO operator may be constructed within 750 (previously 500) feet of an existing or granted CFO. No church, business, school commercial recreational area ... or public building may be constructed or operated within 1,250 (previously 1,000) feet of an existing or granted ... confined feeding operation.
Other proposed regulations that have not changed include:
•The commission’s ability to halt construction if it is started without proper approvals or setack; environmentalists will be given the authority to issue a citation with local penalties and fines at the maximum rates set by statues at the time of the violation.
•Commissioners require that a database of tracts of land available for manure application for CFO’s be maintained and adopt an ordinance on manure application. It was recommended the application follow the state of Indiana’s regulations and that the county adopt an ordinance requiring all manure spreading be done 100 feet from a residence. A violation of that setback would result in a citation also be issued. Additionally, fines for violations were recommended at $250 for the first offense, $500 for the second offense, and $1,000 for the third.
•Environmentalists should report any violation of a spill and penalty to the local media for publication as a public service and as a deterrent to other CFO operators.
•Commissioners should adopt an ordinance requiring those purchasing real estate in an agricultural zoned area to sign a copy of the Indiana Right to Farm Law, indicating their understanding that CFO’s may be a possibility in the future in the area where they are purchasing.
The recommendations also asked that the Purdue Cooperative Extension Service maintain a list of all CFOs in the county and keep them informed of any violations that have occurred, how they occurred, and how they may have been prevented.
That regulation was requested by CFO operators.[[In-content Ad]]
The Jay County Planning Commission will hold a public hearing Thursday at 7 p.m. in the auditorium of the Jay County Courthouse to consider proposed amendments to the Jay County Zoning Ordinance concerning confined feeding operations.
The meeting follows several months of discussion by county officials and concerned residents about controlling confined feeding operations (CFO) and concentrated animal feeding operations (CAFO) in the county.
Anyone wanting to voice an opinion or ask questions, should be given the opportunity to do so, however time limit and comment content may be controlled by plan commission chairman, Jim Zimmerman.
In 2005 a committee of health and county officials, farmers, educators and members of the public spent months researching and working on proposed recommendations to be presented to commissioners for their approval.
County officials never acted on those recommendations, citing the state’s plan to add more control to such operations.
Concerned about the recent increase in the number of confined animal construction projects in the county, a group of Noble Township residents recently took those concerns to the commissioners, who agreed to have the planning commission study them again and make a recommendation.
The planning commission is expected to make a recommendation to commissioners following Thursday’s meeting that will include two areas of change in the initial recommendations — setback regulations and notification in the startup process.
The confined feeding regulations with the changes and what the commission will be considering at Thursday’s meeting include:
•The building and planning department shall contact neighbors within a one-half mile (previously one mile) radius in writing for comments and shall publish a notice in the local newspaper of the proposed plan ... All public comments will be reviewed by the county highway department, county surveyor, and the zoning administration. After reviewing the application, results of the site inspection ... the zoning administrator will notify the operator applicant.
•All structures and confined lots designed to house or contain livestock shall be set back 750 (previously 500) feet from any residence that is not owned by the confined feeding operator.
•All structures and confined lots ... should be set back 1,250 (previously 1,000) feet from any existing church, business, school, commercial recreational area ... or any public buildings, and 1,500 (previously 1,300) feet from any area zoned residential or any area that has a recorded residential plot.
•All structures shall be set back 100 feet from any road or highway right-of-way.
•All structures shall be set back 100 feet from any property line.
The purpose of the setback is to separate the homeowner and others from the normal noises and odors which accompany a CFO.
New provisions designed to provide setback protection for the confined feeding operation include:
•No family residence except that of the CFO operator may be constructed within 750 (previously 500) feet of an existing or granted CFO. No church, business, school commercial recreational area ... or public building may be constructed or operated within 1,250 (previously 1,000) feet of an existing or granted ... confined feeding operation.
Other proposed regulations that have not changed include:
•The commission’s ability to halt construction if it is started without proper approvals or setack; environmentalists will be given the authority to issue a citation with local penalties and fines at the maximum rates set by statues at the time of the violation.
•Commissioners require that a database of tracts of land available for manure application for CFO’s be maintained and adopt an ordinance on manure application. It was recommended the application follow the state of Indiana’s regulations and that the county adopt an ordinance requiring all manure spreading be done 100 feet from a residence. A violation of that setback would result in a citation also be issued. Additionally, fines for violations were recommended at $250 for the first offense, $500 for the second offense, and $1,000 for the third.
•Environmentalists should report any violation of a spill and penalty to the local media for publication as a public service and as a deterrent to other CFO operators.
•Commissioners should adopt an ordinance requiring those purchasing real estate in an agricultural zoned area to sign a copy of the Indiana Right to Farm Law, indicating their understanding that CFO’s may be a possibility in the future in the area where they are purchasing.
The recommendations also asked that the Purdue Cooperative Extension Service maintain a list of all CFOs in the county and keep them informed of any violations that have occurred, how they occurred, and how they may have been prevented.
That regulation was requested by CFO operators.[[In-content Ad]]
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