19.1146.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2345
of North Dakota
Introduced by
Senators Wanzek, Dotzenrod, Luick
Representatives Brandenburg, D. Johnson, Pollert
1 A BILL for an Act to amend and reenact sections 11-33-02.1, 23-25-11, 23.1-06-15, and
2 58-03-11.1 of the North Dakota Century Code, relating to animal feeding operations and zoning
3 regulations; to provide an effective date; to provide a contingent effective date; and to provide
4 an expiration date.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 11-33-02.1 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 11-33-02.1. Farming and ranching regulations - Requirements - Limitations -
9 Definitions.
10 1. For purposes of this section:
11 a. "ConcentratedAnimal feeding operation" means any livestock feeding, handling,
12 or holding operation, or feed yard, where animals are concentrated in an area
13 that is not normally used for pasture or for growing crops and in which animal
14 wastes may accumulate. The term does not include normal wintering operations
15 for cattlea lot or facility, other than an aquatic animal production facility, where the
16 following conditions are met:
17 (1) Animals, other than aquatic animals, have been, are, or will be stabled or
18 confined and fed or maintained for at least forty-five days in a twelve-month
19 period; and
20 (2) Crops, vegetation, forage growth, or postharvest residues are not sustained
21 in the normal growing season over any portion of the lot or facility.
22 b. "Farming or ranching" means cultivating land for the production of agricultural
23 crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.
24 The term does not include:
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1 (1) The production of timber or forest products; or
2 (2) The provision of grain harvesting or other farm services by a processor or
3 distributor of farm products or supplies in accordance with the terms of a
4 contract.
5 c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,
6 elk, fur animals raised for their pelts, and any other animals that are raised, fed,
7 or produced as a part of farming or ranching activities.
8 d. "Location" means the setback distance between a structure, fence, or other
9 boundary enclosing a concentratedan animal feeding operation, including its
10 animal waste collection system, and the nearest occupied residence, the nearest
11 buildings used for nonfarm or nonranch purposes, or the nearest land zoned for
12 residential, recreational, or commercial purposes. The term does not include the
13 setback distance for the application of manure or for the application of other
14 recycled agricultural material under a nutrient management plan approved by the
15 department of health.
16 2. For purposes of this section, animal units are determined as follows:
17 a. One mature dairy cow, whether milking or dry, equals 1.33 animal units;
18 b. One dairy cow, heifer, or bull, other than an animal described in paragraph 1
19 equals 1.0 animal unit;
20 c. One weaned beef animal, whether a calf, heifer, steer, or bull, equals 0.75 animal
21 unit;
22 d. One cow-calf pair equals 1.0 animal unit;
23 e. One swine weighing fifty-five pounds [24.948 kilograms] or more equals 0.4
24 animal unit;
25 f. One swine weighing less than fifty-five pounds [24.948 kilograms] equals 0.1
26 animal unit;
27 g. One horse equals 2.0 animal units;
28 h. One sheep or lamb equals 0.1 animal unit;
29 i. One turkey equals 0.0182 animal unit;
30 j. One chicken, other than a laying hen, equals 0.008 animal unit;
31 k. One laying hen equals 0.012 animal unit;
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1 l. One duck equals 0.033 animal unit; and
2 m. Any livestock not listed in subdivisions a through l equals 1.0 animal unit per
3 each one thousand pounds [453.59 kilograms] whether single or combined
4 animal weightprovided in subdivision c of subsection 7 of section 23-25-11.
5 3. A board of county commissioners may not prohibit or prevent the use of land or
6 buildings for farming or ranching and may not prohibit or prevent any of the normal
7 incidents of farming or ranching.
8 4. A board of county commissioners may not preclude the development of a
9 concentratedan animal feeding operation in the county.
10 5. A board of county commissioners may not prohibit the reasonable diversification or
11 expansion of a farming or ranching operation.
12 6. A board of county commissioners may adopt regulations that establish different
13 standards for the location of concentratedanimal feeding operations based on the size
14 of the operation and the species and type being fed.
15 7. If a regulation would impose a substantial economic burden on a concentratedan
16 animal feeding operation in existence before the effective date of the regulation, the
17 board of county commissioners shall declare that the regulation is ineffective with
18 respect to any concentratedanimal feeding operation in existence before the effective
19 date of the regulation.
20 8. a. A board of county commissioners may establish high-density agricultural
21 production districts in which setback distances for concentratedanimal feeding
22 operations and related agricultural operations are less than those in other
23 districts.
24 b. A board of county commissioners may establish, around areas zoned for
25 residential, recreational, or nonagricultural commercial uses, low-density
26 agricultural production districts in which setback distances for
27 concentratedanimal feeding operations and related agricultural operations are
28 greater than those in other districts; provided, the low-density agricultural
29 production districts may not extend more than one and one-half miles [2.40
30 kilometers] from the edge of the area zoned for residential, recreational, or
31 nonagricultural commercial uses.
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1 c. The setbacks provided for in this subsection may not vary by more than fifty
2 percent from those established in subdivision a of subsection 7 of section
3 23-25-11.
4 d. For purposes of this subsection, a "related agricultural operation" means a facility
5 that produces a product or byproduct used by a concentratedan animal feeding
6 operation.
7 9. A person intending to construct an animal feeding operation may petition the board of
8 county commissioners for a determination whether the animal feeding operation would
9 comply with zoning regulations adopted under this section and filed with the state
10 department of health under section 11-33-22 before the date the petition was received
11 by the county. If the board of county commissioners does not object to the petition
12 within sixty days of receipt, the animal feeding operation is deemed in compliance with
13 the county zoning regulations. If the board of county commissioners determines the
14 animal feeding operation would comply with zoning regulations or fails to object under
15 this section, the county may not impose additional zoning regulations relating to the
16 nature, scope, or location of the animal feeding operation later, provided construction
17 of the animal feeding operation commences within five years from the date of the
18 board's determination or failure to object.
19 (Contingent effective date - See note) Farming and ranching regulations -
20 Requirements - Limitations - Definitions.
21 1. For purposes of this section:
22 a. "ConcentratedAnimal feeding operation" means any livestock feeding, handling,
23 or holding operation, or feed yard, where animals are concentrated in an area
24 that is not normally used for pasture or for growing crops and in which animal
25 wastes may accumulate. The term does not include normal wintering operations
26 for cattlea lot or facility, other than an aquatic animal production facility, where the
27 following conditions are met:
28 (1) Animals, other than aquatic animals, have been, are, or will be stabled or
29 confined and fed or maintained for at least forty-five days in a twelve-month
30 period; and
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1 (2) Crops, vegetation, forage growth, or postharvest residues are not sustained
2 in the normal growing season over any portion of the lot or facility.
3 b. "Farming or ranching" means cultivating land for the production of agricultural
4 crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.
5 The term does not include:
6 (1) The production of timber or forest products; or
7 (2) The provision of grain harvesting or other farm services by a processor or
8 distributor of farm products or supplies in accordance with the terms of a
9 contract.
10 c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,
11 elk, fur animals raised for their pelts, and any other animals that are raised, fed,
12 or produced as a part of farming or ranching activities.
13 d. "Location" means the setback distance between a structure, fence, or other
14 boundary enclosing a concentratedan animal feeding operation, including its
15 animal waste collection system, and the nearest occupied residence, the nearest
16 buildings used for nonfarm or nonranch purposes, or the nearest land zoned for
17 residential, recreational, or commercial purposes. The term does not include the
18 setback distance for the application of manure or for the application of other
19 recycled agricultural material under a nutrient management plan approved by the
20 department of environmental quality.
21 2. For purposes of this section, animal units are determined as follows:
22 a. One mature dairy cow, whether milking or dry, equals 1.33 animal units;
23 b. One dairy cow, heifer, or bull, other than an animal described in paragraph 1
24 equals 1.0 animal unit;
25 c. One weaned beef animal, whether a calf, heifer, steer, or bull, equals 0.75 animal
26 unit;
27 d. One cow-calf pair equals 1.0 animal unit;
28 e. One swine weighing fifty-five pounds [24.948 kilograms] or more equals 0.4
29 animal unit;
30 f. One swine weighing less than fifty-five pounds [24.948 kilograms] equals 0.1
31 animal unit;
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1 g. One horse equals 2.0 animal units;
2 h. One sheep or lamb equals 0.1 animal unit;
3 i. One turkey equals 0.0182 animal unit;
4 j. One chicken, other than a laying hen, equals 0.008 animal unit;
5 k. One laying hen equals 0.012 animal unit;
6 l. One duck equals 0.033 animal unit; and
7 m. Any livestock not listed in subdivisions a through l equals 1.0 animal unit per
8 each one thousand pounds [453.59 kilograms] whether single or combined
9 animal weightas provided in subdivision c of subsection 7 of section 23.1-06-15.
10 3. A board of county commissioners may not prohibit or prevent the use of land or
11 buildings for farming or ranching and may not prohibit or prevent any of the normal
12 incidents of farming or ranching.
13 4. A board of county commissioners may not preclude the development of a
14 concentratedan animal feeding operation in the county.
15 5. A board of county commissioners may not prohibit the reasonable diversification or
16 expansion of a farming or ranching operation.
17 6. A board of county commissioners may adopt regulations that establish different
18 standards for the location of concentratedanimal feeding operations based on the size
19 of the operation and the species and type being fed.
20 7. If a regulation would impose a substantial economic burden on a concentratedan
21 animal feeding operation in existence before the effective date of the regulation, the
22 board of county commissioners shall declare that the regulation is ineffective with
23 respect to any concentratedanimal feeding operation in existence before the effective
24 date of the regulation.
25 8. a. A board of county commissioners may establish high-density agricultural
26 production districts in which setback distances for concentratedanimal feeding
27 operations and related agricultural operations are less than those in other
28 districts.
29 b. A board of county commissioners may establish, around areas zoned for
30 residential, recreational, or nonagricultural commercial uses, low-density
31 agricultural production districts in which setback distances for
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1 concentratedanimal feeding operations and related agricultural operations are
2 greater than those in other districts; provided, the low-density agricultural
3 production districts may not extend more than one and one-half miles [2.40
4 kilometers] from the edge of the area zoned for residential, recreational, or
5 nonagricultural commercial uses.
6 c. The setbacks provided for in this subsection may not vary by more than fifty
7 percent from those established in subdivision a of subsection 7 of section
8 23.1-06-15.
9 d. For purposes of this subsection, a "related agricultural operation" means a facility
10 that produces a product or byproduct used by a concentratedan animal feeding
11 operation.
12 9. A person intending to construct an animal feeding operation may petition the board of
13 county commissioners for a determination whether the animal feeding operation would
14 comply with zoning regulations adopted under this section and filed with the
15 department of environmental quality under section 11-33-22 before the date the
16 petition was received by the county. If the board of county commissioners does not
17 object to the petition within sixty days of receipt, the animal feeding operation is
18 deemed in compliance with the county zoning regulations. If the board of county
19 commissioners determines the animal feeding operation would comply with zoning
20 regulations or fails to object under this section, the county may not impose additional
21 zoning regulations relating to the nature, scope, or location of the animal feeding
22 operation later, provided construction of the animal feeding operation commences
23 within five years from the date of the board's determination or failure to object.
24 SECTION 2. AMENDMENT. Section 23-25-11 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 23-25-11. Regulation of odors - Rules. (Contingent repeal - See note)
27 1. In areas located within a city or the area over which a city has exercised extraterritorial
28 zoning as defined in section 40-47-01.1, a person may not discharge into the ambient
29 air any objectionable odorous air contaminant that measures seven odor concentration
30 units or higher outside the property boundary where the discharge is occurring. If an
31 agricultural operation as defined by section 42-04-01 has been in operation for more
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1 than one year, as provided by section 42-04-02, and th