November 23, 2016 at 5:55 p.m.
Rules in place after long process
Rules in place after long process
By Nathan Rubbelke-
It took a long time — 761 days, to be exact.
That’s the length of the time between Jay County Plan Commission approving the creation of a study commission for zoning changes for confined feeding operations and the final action to revise the measures.
It was a process that spanned part of three calendar years and was filled with numerous meetings, suggestions, opinions and recommendations.
In the end, it brought forth a new set of zoning rules those at the forefront of crafting hope stick around for awhile.
“I just hope they give it time to see how it works and … we don’t have people coming wanting the plan commission to look at all that and review it and make changes already,” said Jay County commissioner and plan commission president Jim Zimmerman.
Fellow commissioner Doug Inman agrees there should be time to monitor the new rules.
“I don’t see any reason to tweak anything with this for at least another year or two,” he said.
“The thing I’ve heard on both sides is, ‘OK, let’s try this for a few years and let’s not go open it back up,’” said Jay/Portland Building and Planning director John Hemmelgarn.
••••••••••
The decision to review the county’s zoning rules began in summer 2014, with public outcry and legal action when J Star Farms began construction of a proposed chicken operation east of Portland, on Indiana 26, without the proper permits.
The county took legal action against J Star and reached a settlement with the company.
In the wake of the controversy, the inter-local board of Jay/Portland Building and Planning even passed a resolution to halt issuing new permits to confined feeding operations and concentrated animal feeding operation for one year.
That resolution was struck down by the plan commission, which moved forward Sept. 11, 2014, recommending county commissioners establish a study commission.
Just a few days later, Jay County Commissioners approved the creation of the seven-member commission, which was given 90 days to review the county’s CFO ordinance, study the relevant issues, propose possible changes and offer its recommendations.
••••••••••
The group first met in October 2014, when it heard numerous comments from residents who offered their concerns and suggestions on what the commission should address.
During its study, the commission listened to various experts and created subcommittees that honed in on zoning/enforcement and economic/environmental impact.
In June 2015 it released its recommendations, including new definitions of feeding operations, expanded setback lengths and changed permit fees and notification measures.
The recommendations, in part, called for a two-tiered setback system, a new building permit application process to add notification of the county health department and a mail notification radius of proposed sites to 1 mile.
The setbacks recommended were 750 feet from residences for operations with less than 4,400 hogs, 24,000 ducks, 30,000 turkeys or 1 million chickens, with at least half of that distances to be on the operator’s property, and one-quarter mile (1,320 feet) for operations with more than those amounts.
••••••••••
With the study commission’s findings, the baton was passed to Jay County Plan Commission.
That’s the length of the time between Jay County Plan Commission approving the creation of a study commission for zoning changes for confined feeding operations and the final action to revise the measures.
It was a process that spanned part of three calendar years and was filled with numerous meetings, suggestions, opinions and recommendations.
In the end, it brought forth a new set of zoning rules those at the forefront of crafting hope stick around for awhile.
“I just hope they give it time to see how it works and … we don’t have people coming wanting the plan commission to look at all that and review it and make changes already,” said Jay County commissioner and plan commission president Jim Zimmerman.
Fellow commissioner Doug Inman agrees there should be time to monitor the new rules.
“I don’t see any reason to tweak anything with this for at least another year or two,” he said.
“The thing I’ve heard on both sides is, ‘OK, let’s try this for a few years and let’s not go open it back up,’” said Jay/Portland Building and Planning director John Hemmelgarn.
••••••••••
The decision to review the county’s zoning rules began in summer 2014, with public outcry and legal action when J Star Farms began construction of a proposed chicken operation east of Portland, on Indiana 26, without the proper permits.
The county took legal action against J Star and reached a settlement with the company.
In the wake of the controversy, the inter-local board of Jay/Portland Building and Planning even passed a resolution to halt issuing new permits to confined feeding operations and concentrated animal feeding operation for one year.
That resolution was struck down by the plan commission, which moved forward Sept. 11, 2014, recommending county commissioners establish a study commission.
Just a few days later, Jay County Commissioners approved the creation of the seven-member commission, which was given 90 days to review the county’s CFO ordinance, study the relevant issues, propose possible changes and offer its recommendations.
••••••••••
The group first met in October 2014, when it heard numerous comments from residents who offered their concerns and suggestions on what the commission should address.
During its study, the commission listened to various experts and created subcommittees that honed in on zoning/enforcement and economic/environmental impact.
In June 2015 it released its recommendations, including new definitions of feeding operations, expanded setback lengths and changed permit fees and notification measures.
The recommendations, in part, called for a two-tiered setback system, a new building permit application process to add notification of the county health department and a mail notification radius of proposed sites to 1 mile.
The setbacks recommended were 750 feet from residences for operations with less than 4,400 hogs, 24,000 ducks, 30,000 turkeys or 1 million chickens, with at least half of that distances to be on the operator’s property, and one-quarter mile (1,320 feet) for operations with more than those amounts.
••••••••••
With the study commission’s findings, the baton was passed to Jay County Plan Commission.
For months, it worked to craft legislation. Specifically, it went back and forth on setback lengths, suggesting a number of possibilities.
In the process, it didn’t touch every issue or accept every recommendation from the study committee.
“A study committee is a study committee,” said Zimmerman, who is retiring at the end of the year. “They make recommendations and then you go from their recommendations on … what you think too.”
In November 2015, it seemed the commission was set to double the study commission’s proposed two-tier system. One member, Shane Houck, even called for a setback as long as 2,000 feet for bigger operations.
At a later meeting, it settled on three minimum setbacks of 750, 1,250 and 1,750 feet. However, that plan didn’t stick either.
In March 2016, the commission finally settled on a two-tiered system.
The setbacks approved called for a length of 750 feet from residences for operations with 100 to 500 cattle or horse, 300 to 8,800 sheep, 300 to 10,000 swine, 5,000 to 24,000 ducks, 500 to 48,000 starter turkeys, 500 to 30,000 turkeys and 5,000 to one million chickens. Operations with more than those numbers would need a setback length of 1,100 feet.
On mail notification, the commission strayed from the study group’s recommendation and opted to leave existing procedures in place.
••••••••••
The fate of the plan commission’s proposed zoning changes was up to the Jay County Commissioners.
In June, they decided to let the process continue. That set up a back and forth between commissioners and plan commission that went on during the summer and into the fall.
Inman submitted amendments to the plan commission’s proposal, making changes to setback lengths, the definition of satellite storage structures and facilities, mail notification and the language for application and permits.
Inman’s amendments called for increasing mail notification to a 1 mile radius, reducing the amount of swine for the first tier from 10,000 to 8,800, and increasing the length of the second tier setback to 1,320 feet — a quarter mile.
Commissioner Faron Parr sided with Inman in a 2-1 vote. That sent the measures back to plan commission, which rejected Inman’s revisions.
Yet, commission members took a series of votes on each amendment to offer recommendations to commissioners.
Those recommendations included a half-mile radius and regular mail for notification, a setback length of 1,100 feet and increasing the number of hogs back to 10,000.
••••••••••
Eventually, commissioners and plan commission met in middle.
After more than two years, commissioners in October completed the effort to revise the county’s CFO regulations.
In the end, those on both sides of issue had to give a little, Inman said.
“It’s a compromised solution, because there were things that people are more in favor of stricter regulations on confined feeding operations, they didn’t get everything they wanted,” he said. “And the people that are obviously very supportive of confined feeding operations didn’t get everything they wanted.”
The new zoning ordinance includes setting mail notification at a half-mile with regular mail, allowing 10,000 hogs and sheep in the first tier of setbacks and second-tier set back of 1,320 feet.
Those involved in the long process said they haven’t heard much feedback either way since it was completed last month.
“No one has said anything to me about it,” said Inman. “I hope that’s good. I hope everyone is satisfied.”
Hemmelgarn has also received little feedback.
“It’s been minimal,” he said.
At this point, he said, the measures haven’t been in place long enough to know the repercussions of them.
In the process, it didn’t touch every issue or accept every recommendation from the study committee.
“A study committee is a study committee,” said Zimmerman, who is retiring at the end of the year. “They make recommendations and then you go from their recommendations on … what you think too.”
In November 2015, it seemed the commission was set to double the study commission’s proposed two-tier system. One member, Shane Houck, even called for a setback as long as 2,000 feet for bigger operations.
At a later meeting, it settled on three minimum setbacks of 750, 1,250 and 1,750 feet. However, that plan didn’t stick either.
In March 2016, the commission finally settled on a two-tiered system.
The setbacks approved called for a length of 750 feet from residences for operations with 100 to 500 cattle or horse, 300 to 8,800 sheep, 300 to 10,000 swine, 5,000 to 24,000 ducks, 500 to 48,000 starter turkeys, 500 to 30,000 turkeys and 5,000 to one million chickens. Operations with more than those numbers would need a setback length of 1,100 feet.
On mail notification, the commission strayed from the study group’s recommendation and opted to leave existing procedures in place.
••••••••••
The fate of the plan commission’s proposed zoning changes was up to the Jay County Commissioners.
In June, they decided to let the process continue. That set up a back and forth between commissioners and plan commission that went on during the summer and into the fall.
Inman submitted amendments to the plan commission’s proposal, making changes to setback lengths, the definition of satellite storage structures and facilities, mail notification and the language for application and permits.
Inman’s amendments called for increasing mail notification to a 1 mile radius, reducing the amount of swine for the first tier from 10,000 to 8,800, and increasing the length of the second tier setback to 1,320 feet — a quarter mile.
Commissioner Faron Parr sided with Inman in a 2-1 vote. That sent the measures back to plan commission, which rejected Inman’s revisions.
Yet, commission members took a series of votes on each amendment to offer recommendations to commissioners.
Those recommendations included a half-mile radius and regular mail for notification, a setback length of 1,100 feet and increasing the number of hogs back to 10,000.
••••••••••
Eventually, commissioners and plan commission met in middle.
After more than two years, commissioners in October completed the effort to revise the county’s CFO regulations.
In the end, those on both sides of issue had to give a little, Inman said.
“It’s a compromised solution, because there were things that people are more in favor of stricter regulations on confined feeding operations, they didn’t get everything they wanted,” he said. “And the people that are obviously very supportive of confined feeding operations didn’t get everything they wanted.”
The new zoning ordinance includes setting mail notification at a half-mile with regular mail, allowing 10,000 hogs and sheep in the first tier of setbacks and second-tier set back of 1,320 feet.
Those involved in the long process said they haven’t heard much feedback either way since it was completed last month.
“No one has said anything to me about it,” said Inman. “I hope that’s good. I hope everyone is satisfied.”
Hemmelgarn has also received little feedback.
“It’s been minimal,” he said.
At this point, he said, the measures haven’t been in place long enough to know the repercussions of them.
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