Section 67-6538 – USE FOR DESIGNED PURPOSE PROTECTED — WHEN VACANCY OCCURS.
67-6538. USE FOR DESIGNED PURPOSE PROTECTED — WHEN VACANCY OCCURS. (1) No rights or authority granted pursuant to this chapter shall be construed to empower a city or county to enact any ordinance or resolution which deprives an owner of the right to use improvements on private property for their designed purpose based solely on […]
Section 67-6529B – LEGISLATIVE FINDINGS AND PURPOSES.
67-6529B. LEGISLATIVE FINDINGS AND PURPOSES. The legislature finds that: (1) Confined animal feeding operations increase social and environmental impacts in areas where these facilities are located; (2) The siting of confined animal feeding operations is a complex and technically difficult undertaking requiring assistance to counties and other units of local government as they exercise their […]
Section 67-6539 – LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS.
67-6539. LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS. (1) Neither a county nor a city may enact or enforce any ordinance that has the express or practical effect of prohibiting short-term rentals or vacation rentals in the county or city. A county or city may implement such reasonable regulations as it deems necessary […]
Section 67-6529C – DEFINITIONS.
67-6529C. DEFINITIONS. As used in this act, the following definitions shall apply: (1) "CAFO," also referred to as "concentrated animal feeding operation" or "confined animal feeding operation," means, for those counties that have requested a site suitability determination, a CAFO as defined in the applicable ordinance of the county wherein the CAFO is located. If […]
Section 67-6529D – ODOR MANAGEMENT PLANS — COUNTY REQUEST FOR SUITABILITY DETERMINATION — LOCAL REGULATION.
67-6529D. ODOR MANAGEMENT PLANS — COUNTY REQUEST FOR SUITABILITY DETERMINATION — LOCAL REGULATION. (1) Counties may require an applicant for siting of a CAFO to submit an odor management plan as part of their application. (2) A board of county commissioners considering the siting of a CAFO may request the director of the department of […]
Section 67-6529E – PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST.
67-6529E. PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST. (1) A board of county commissioners shall submit its request for a suitability determination by a site advisory team in writing to the director of the department of agriculture and shall support its request by the adoption of a resolution. (2) Information in the request […]
Section 67-6529F – DEPARTMENT RESPONSIBILITIES — AUTHORITY TO ADOPT RULES AND CONTRACT WITH OTHER AGENCIES.
67-6529F. DEPARTMENT RESPONSIBILITIES — AUTHORITY TO ADOPT RULES AND CONTRACT WITH OTHER AGENCIES. (1) Upon the request of a board of county commissioners, the director of the department of agriculture shall form and chair a site advisory team specific to the request of the county. The director of the department of environmental quality and the […]
Section 67-6529G – REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION.
67-6529G. REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION. The board of county commissioners requesting the suitability determination, upon receipt of the written suitability determination report by the CAFO site advisory team, may use the report as the county deems appropriate. History: [67-6529G, added 2001, ch. 381, sec. 7, p. 1339.]
Section 67-6529H – SITE SUITABILITY DETERMINATION — APPLICATION FEES.
67-6529H. SITE SUITABILITY DETERMINATION — APPLICATION FEES. (1) The board of county commissioners shall collect a CAFO site suitability fee from each applicant that will require a suitability determination by the site advisory team. The fee shall be one thousand two hundred dollars ($1,200) plus mileage and per diem calculated based on distance traveled from […]
Section 67-6530 – DECLARATION OF PURPOSE.
67-6530. DECLARATION OF PURPOSE. The legislature declares that it is the policy of this state that persons with disabilities or elderly persons are entitled to live in normal residential surroundings and should not be excluded therefrom because of their disability or advanced age, and in order to achieve statewide implementation of such policy it is […]