July 23, 2014 at 2:10 p.m.

Solution may cause big problems (09/22/07)

Editorial

An effort to solve a problem can create a bigger problem.

That's exactly the situation we believe the Jay County Planning Commission would create if a recommendation it made this week becomes law.

The planning commission, which has struggled for years with the issue of large-scale livestock operations, quietly and quickly proposed and passed a major shift in zoning regulations Thursday evening.

A new definition of "confined feeding" inserted into the county's zoning ordinance could mean that a handful of 4-H pigs and chickens at a rural home will be subject to the same setback rules and other regulations as a 6,000-head hog operation.

Jay County Commissioners will have a chance to derail the recommendations Monday, as they must approve recommendations made by the planning commission.

Planning Commission chairman Jim Zimmerman said Friday that the change, which removes number limits from a definition of confined feeding, is an effort to stop large-scale operations from avoiding more stringent regulation by housing a number of animals which falls just under current limits.

Those current limits are 300 cattle, 600 swine, 600 sheep, 5,700 fowl, 5,000 ducks wet, 5,700 ducks dry, 300 horses, any facility using a waste lagoon or holding pit, or any facility that chooses to be governed by Indiana Department of Environmental Management.

Zimmerman said that to avoid state and local regulations, some operators are proposing to house 298 cattle, or 595 swine.

As presented, the change would mean a family which wanted to acquire 4-H animals which wouldn't be fed by grazing to make certain that those animals are kept at least 100 feet from the nearest road and 750 feet from the nearest home not owned by the owner of the animals, along with a host of other regulations and requirements.

Zimmerman points out, correctly, that in such cases a variance could be requested and granted by the Jay County Board of Zoning Appeals.

But the cost of obtaining that variance could easily top $100, as the petitioner must pay an application fee, for published notices, and for notification of nearby property owners.

Instead of eliminating the numbers when defining a confined feeding operation, we propose establishing them at a common sense level.

For the sake of argument, let's suggest limits of 15 cattle, 30 swine or sheep, 100 fowl and 15 horses.

Residents living in rural areas who want to keep those numbers or fewer shouldn't be subject to the same regulations as large-scale CFOs which have been the source of much controversy.

We know serving on the planning commission isn't an easy job, and we believe its members were making a genuine attempt to solve a problem.

But we also believe that Jay County Commissioners should put a stop to that attempt, and ask the planning commission to try again. - M.S.[[In-content Ad]]
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