Stricter livestock rules eyed (9/8/04)

As it heads into the final in a series of four meetings regarding local livestock operations, a committee charged with researching and making recommendations on changes in regulations still has plenty of work to accomplish.

The committee, a joint effort between the Jay County Board of Health and Jay County Planning Commission, met this morning for the third consecutive Wednesday.

Members of the committee are scheduled to wrap up the meetings next week by reaching a consensus on recommended changes to the way that Jay County oversees all sizes of livestock operations. Next week’s meeting is expected to include a brief presentation from the administrator of the Adams County Zoning Office. Committee members could also schedule a public meeting for a later date to present their findings and take comments.

Discussion this morning centered around the stricter regulations and requirements regarding livestock farms included in the Adams County zoning ordinance and how some portions of the ordinance might work in Jay County.

Dr. Steve Myron, who formed the committee along with planning commission chairman Jim Zimmerman, said this morning he wants to see Jay County have more control over the operations, which are now mostly overseen by officials from the Indiana Department of Environmental Management.

“The whole idea is to give power to local authorities ... to get these people to stop (violations),” Myron said.

Among the recommendations Myron and several others seemed to indicate they would favor include a tightening of local regulations — including a local permit process, local enforcement and fines. Those fines, said Myron, need to be high enough to dissuade violators but low enough to not encourage challenging lawsuits.

Also discussed for the first time this morning was the possibility of adding a local notification requirement for anyone wishing to operate a medium (confined feeding operation) or large scale (concentrated animal feeding operation) livestock farm.

The consensus of committee members appeared to be adding a requirement that those who own property within a one-mile radius of the proposed livestock buildings receive notification and be given the opportunity to object. That objection, members of the committee noted, would not necessarily put a stop to the project.

Indiana Conservation Officer Dwane Ford, who is normally one of the first on the scene of a manure spill incident, said today that a big decision of the committee — and county officials in general — will be choosing who will enforce any regulations.

“That’s what it all boils down to: enforcement,” Ford said.

All members of the committee were present this morning. Those members are: Gary Theurer (Jay County Commissioner), Dave Houck (health department), John Knipp (extension service), Bill Milligan (building and planning), Sherri Michael (citizen member), Steve Howell (citizen/Farm Bureau), Ford, Myron and Zimmerman.

Among the requirements in the Adams County ordinance regarding livestock operations are increased setbacks and other regulations regarding the spreading of manure, and provisions that allow county level officials to shut down what is termed an intensive livestock operation for violations.

Michael, who lives in northern Jay County, said she believes the Adams County ordinance was aimed more at controlling small-to-medium size operations that are more common there than in Jay County. She said that in northern Jay County the small-to-medium operations are also becoming more common.

Also part of this morning’s discussion was whether to add language regarding the construction of livestock operations and what to do to violators.

Milligan said once again this morning that he doesn’t receive enough information about a proposed confined feeding operation before it is built.

Milligan said he would like to see a local application required, along with a local permit process, notification of nearby property owners and a hearing if there are serious concerns.

Zimmerman, who owns/operates a layer house along with his brother in Jefferson Township, and Myron agreed that those who build without permits should be treated severely.

“If they built it without a permit ... tear it down,” Myron said.[[In-content Ad]]