CFO rules advance

Proposed changes to Jay County’s confined feeding rules are headed to Jay County Commissioners.
Jay County Plan Commission on Thursday made a few adjustments to its proposals and then passed them on a 6-0 vote. That approval came after a 45-minute public hearing, which was followed by extensive discussion among the commission members.
The adjustments the plan commission made Thursday were to change the proposed setback for large confined feeding operations to 1,100 feet from 1,320 feet (a quarter mile), increase the threshold for hogs to 10,000 from 8,800 and create a separate designation for starter turkeys.
The revisions the plan commission advanced to county commissioners call for a two-tier system with a setback of 750 feet from residences for confined feeding operations with 100 to 500 cattle or horses, 300 to 8,800 sheep, 300 to 10,000 swine, 500 to 24,000 ducks, 500 to 48,000 starter turkeys, 500 to 30,000 turkeys and 5,000 to one million chickens. Operations with a greater number of animals would require a setback of 1,100 feet (slightly more than a fifth of a mile).
Current regulations require a setback of 750 feet for all operations with more than 200 cattle or horses, 400 swine or sheep, 5,700 foul or ducks dry and 5,000 ducks wet.
The commissioners, who have the final say on all ordinance changes, plan to review the proposals at their March 21 meeting.
“I know it’s been a long process, but we’re dealing with a difficult subject, and on a difficult subject you don’t want to make an overnight decision,” plan commission president Jim Zimmerman, who is also a county commissioner, told about 50 who attended the public hearing. “It has not been easy. It was not easy for the (study) committee. It has not been easy for all you folks sitting out there. And it’s not been easy for this group up here either.”
The only adjustment that the plan commission members in attendance did not pass unanimously was the reduction in the proposed setback for the largest confined feeding operations.
Plan commission member Matt Minnich advocated for the setback to be reduced to 1,100 feet, saying the proposed 1,320 was too restrictive and would severely limit the opportunity for livestock expansion.
A Purdue University study shows odors generally travel about 800 feet, Minnich said, arguing that given that data 1,320 feet seemed like overkill. He suggested the 1,100-foot mark as a compromise that he said would address concerns about odor while not being too limiting for livestock producers.
Fellow commission member Paula Confer responded by saying the 1,320 feet was already a compromise between the current 750 feet and a proposal of 2,000 feet.
The vote on Minnich’s suggested change split 3-3, with Eric Pursifull, Larry Temple and Minnich in favor while Shane Houck, Mike Rockwell and Confer voted against. As president of the commission, Zimmerman broke the tie by voting in favor of the shorter setback.
Scott Hilfiker, Brad Daniels and Ron Laux were absent from the meeting.
“I don’t think the 220 (feet) is going to make that much difference,” said Zimmerman.
The other two modifications to the proposed rules passed on 6-0 votes as they addressed concerns raised by Dennis Chenoweth during the public comment session.
Chenoweth, a local farmer, pointed out that a proposed threshold of 8,800 hogs was too restrictive and would essentially limit producers to a single barn for the lower tier of setbacks. The standard barn, he said, now holds 4,600 to 4,800 hogs.
Pursifull, who had supported the 8,800 number, said he did not realize the standards had changed and suggested the increase to 10,000.
Chenoweth also felt there should be different standards for starter turkeys because they are smaller and remain in their barns for only five or six weeks. In response the commission created a separate threshold for starter turkeys.
Fifteen members of the public offered comments, with nine indicating they felt the proposed rules were too stringent.
As a group, those opposed to the changes said the increased setbacks would hurt the future of agriculture in Jay County. They told the commission they are concerned about their children’s ability to expand or build their own operations, repeatedly referring to the area as an agricultural community.
Jacob Schwieterman, a 2014 Jay County High School graduate, expressed his desire to continue to live and farm in Jay County and said cooperation is key for everyone involved.
“I will work with you as long as you work with me,” he said. “It’s two-way communication. I hope everybody does that.
“Our family is growing, as far as the operation. We can’t do that with these setbacks. But we do want to work with you. Because we drink and breathe the same quality of (water and) air that these animals do. These animals are our life. If they can’t live, neither can we.”
John Young, one of six who spoke in favor of greater regulation, said he supported all of the recommendations made by the confined feeding study commission. That group’s suggestions included setbacks as well as requirements for repairs to roads damaged during the construction of CFOs, minimum acreage, contacting neighbors of proposed operations, site selection and permit requirements, length and cost. It also recommended an annual review of the Jay County water table by the Indiana Department of Natural Resources.
“We want to thank the members of this group for their dedication and the unbelievable number of hours they’ve spent on this, taking their job seriously,” said Young, who attended the meeting with his wife Gretchen. “Our respect for the members of this committee have brought us to strongly support their recommendations that they have made.”
The study commission’s proposal that the radius for notification of neighbors about planned construction of a CFO was raised several times, with those against the idea saying it would have no impact because operations that fall within the guidelines would still be constructed. They also pointed out it is already required that legal notices about such operations must be published in the newspaper.
Those in support of increasing the radius to a mile from the current half mile said they consider it a “good neighbor” issue that would make those affected feel involved in the process.
Plan commission chose to leave the current requirement in place.
Zimmerman addressed questions about the other study commission suggestions, saying the plan commission felt minimum acreage and site selection issues are effectively covered by the setback requirements. He added that the plan commission has not been able to reach a consensus on a viable proposal for repairs to roads damaged during construction, and said it is not the group’s function to monitor the water table.
Changes to the county’s confined feeding ordinance began being discussed during summer 2014 after J Star Farms started construction of a chicken operation without the proper permits. The commissioners formed the study commission, which reviewed a variety of issues and made its recommendations in October.