House of Representatives

HB 2442

agricultural composting

Sponsor: Representative Gleason

DPa	Committee on Natural Resources & Agriculture
DPA	Committee on Counties & Municipalities
x	Caucus and COW
	As Passed the House

HB 2442 prohibits a city, town or county from adopting a regulation or ordinance that would impact existing agricultural uses, specifically as it would pertain to composting activities.

History

Cities and counties have the authority to adopt ordinances to regulate various activities and uses of the land. Current law allows cities to regulate the use of buildings, structures and land for agriculture, residential, industry, business and other purposes. For counties, current law prohibits a county from adopting an ordinance that would regulate existing property uses and use of land for railroads, mining, grazing, or agriculture purposes.

Provisions

· Prohibits an incorporated city or town from adopting a regulation or ordinance that would prohibit, limit or regulate the use of land for existing general agricultural operations. Specifically mentions “composting of materials” that are either used on the land or that are generated by agricultural activity conducted on the land and includes that activity as general agriculture.

· Includes “composting of materials” as part of general agricultural purposes as it relates to county ordinances.

· Makes a technical change.

HB 2442 was amended in the Natural Resources & Agriculture Committee as follows:

· Clarifies that the composted materials may be generated either all or in part by agricultural activity on the land as it relates to city ordinances.

HB 2442 was amended in the Counties & Municipalities Committee as follows:

· Defines agricultural composting as the product of a managed process that is conducted as an extension of the primary agricultural operation at the site.

· Adds a provision that requires agricultural composting operations to notify the governing body of the city or county in which they are located and to notify the nearest fire protection station.

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· 45th Legislature

· First Regular Session 2 March 13, 2001

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