House of Representatives

HB 2442

agricultural composting

Sponsor: Representative Gleason

 

DPa

Committee on Natural Resources & Agriculture

DPA

Committee on Counties & Municipalities

DPA

Caucus and COW

 

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As Transmitted to the Governor

 

HB 2442 prohibits a city, town or county from adopting a regulation or ordinance that would prevent or restrict agricultural composting.

 

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.  Current law prohibits a county from adopting an ordinance that would regulate existing property uses and use of land for railroads, mining, grazing, or agricultural purposes.

 

Provisions

·             Prohibits a county or an incorporated city or town from adopting a regulation or ordinance that would prevent or restrict agricultural composting on farmland that is five or more contiguous acres.

 

·             Requires agricultural composting operations to notify in writing the governing body of the city or the Board of Supervisors of the county in which they are located and to notify in writing the nearest fire protection station.  If the nearest fire protection station is in a different city, town or fire district than the composting operation, written notification must also be given to the city, town or fire district where the composting operation is located.

 

·             Provides that agricultural composting operations are subject to current laws regarding agricultural nuisance liability and environmental nuisance liability.

 

·             Requires agricultural composting operations in cities to be at least one-quarter mile away from an existing residential use, unless the operations are conducted on farmland.

 

·             Requires agricultural composting operations in cities to comply with agricultural best management practices for disposal of manure.

 

·             Provides a definition of agricultural composting and farmland.

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·             45th Legislature                                                                                                                           

·             First Regular Session                               2                                                             May 10, 2001

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