Second time around (05/11/07)

With only a few changes, the Jay County Planning Commission sent slightly more restrictive livestock regulations to Jay County Commissioners.

This will be the second time commissioners will consider the proposal.

When it was first submitted to the commissioners in September 2006, a Ball State study on the county's issue had just been approved by the planning commission and commissioners were asked to wait to see what that study might recommend.

Final results from that $10,700 study were presented to commission members in April when they were encouraged by Ball State officials to utilize their own rules and regulations on confined feeding operations (CFOs) and concentrated animal feeding operations (CAFOs).

It was also anticipated at that time that the state would implement some stiffer regulations, but the bill failed to pass in the Indiana General Assembly.

With Thursday night's action, the updated regulations would require concentrated animal feeding operations (CAFOs) and confined feeding operations (CFOs) structures to be set back an additional 250 feet, to 750 feet, in all areas controlled by those setback regulations.

A dozen or so residents on both sides of the issue attended the public hearing Thursday to express their thoughts to commission members Steve Ritchie, John Knipp, Jim Zimmerman, Eric Pursifull, Scott Hilfiker, Brad Daniels, and Don Loy.

"It's an emotional thing," commission president Zimmerman said.

The most contentious issue during the evening was a new notification process.

According to proposed zoning regulations, residents in a one-half mile radius of the proposed confined livestock operation must be notified in writing, and the public is then asked to make comments on the plan. Previously that notification was made only to adjacent property owners.

Vicky Lochtefeld, a Madison Township CAFO operator who has been outspoken about additional local regulations said, "Make it reciprocal. Make it apply to everything. We have a right to know."

That regulation would require any construction in the county to go through the notification process, which Bill Milligan, Jay/Portland Building and Planning Department administrator/director, said would "create a nightmare."

"If you put up a house, garage, pool, you're going to have to notify everyone in a half-mile radius," Milligan said.

"It's still a two-way street," argued commission member Pursifull, who is also a CAFO operator. Pursifull urged passage of the blanket notification process. "Make it reciprocal on both sides."

"You need to think through reciprocal," commission attorney Bill Hinkle advised.

"I don't want to stop building in the county," said Theurer, who is also a commissioner and CFO operator.

"I know it's a can of worms, but we have to be equal to both sides of the fence on this thing," Pursifull said.

After much discussion on that regulation, commission members agreed to keep the notification process as proposed: A written notice to neighbors in a one-half mile radius of a proposed CFO or CAFO. Pursifull voted against the recommendation.

"This has been a long process," Lochtefeld told commission members during the public meeting. "I wouldn't want to be in your seats."

Knox Township CAFO operator, Dave Lowe, also spoke during the public meeting. "I ask you to continue to support farming. You guys have been very patient and we appreciate that, but we need to keep farmers profitable," he said.

"CAFOs are our family farms," Lochtefeld told the commission. "You're going to have to accept it. Farmers are trying to expand our living. Don't do it to appease. Do what's fair."

"The biggest share of guys are doing the right thing," said Ritchie about odor produced from large operations, "but some days, with the weather, you have no control over it."

Additionally, proposed construction plans for CFOs and CAFOs will also now need to be submitted to Milligan's office.

He explained that often his office is not aware of the exact location and plans of those operations.

"Just make us a copy of the one you send to IDEM (Indiana Department of Environmental Management)," he said. "That's all we need."

Commissioners are expected to act on the recommendations during their meeting Monday.[[In-content Ad]]Members of the Jay County Planning Commission recommended for approval an ordinance zoning wind farms.

The ordinance, which makes wind towers a permitted use in an industrial-zoned area, will be sent to Jay County Commissioners for final consideration.

The only change made Thursday was in the residential set-back for wind turbines. The new setback of 1,000 feet was reduced from 1,320 feet.

"They can always ask for a variance if they need to change it," Milligan advised.

The ordinance was proposed in anticipation of development of two proposed wind farms in southern Jay County.

Also approved by commission members was a request from Charles Muhlenkamp of Marvin Muhlenkamp Farms Inc., county roads 600 North and 450 East, Bryant, to rezone land from agricultural to commercial for the construction of a radio communication tower.