Livestock Environmental Regulations in Iowa

Christine Gault
Iowa Farm Bureau Federation

Legislative and Administrative History

• Legislation regulating large confinement operations became law on May 31, 1995.
• Emergency administrative rules became effective September 22, 1995.
• Implementing administrative rules became effective March 20, 1996.
• A chronic violator exception to nuisance defense became law in 1996.
• Ag drainage well and bad actor bills became law May 29, 1997.
• A second set of administrative rules, which add specific design standards for concrete and earthen manure storage structures, became effective January 21, 1998.

• An October 1996 Iowa Supreme Court decision (Weinhold v. Wolff) declared an 800 head hog confinement with an earthen basin a permanent nuisance. Since the nuisance was permanent (the court was of the opinion that the nuisance could not be abated since no solutions to odor were on the horizon) and the nuisance occurred before the creation of an agricultural area, the nuisance defense does not apply.
• A November 1996 Iowa Supreme Court decision (Kuehl v. Cass County) upheld the agricultural zoning exemption for hog confinement operations.
• An April 1997 Humboldt County District Court decision determined that counties could regulate livestock operations as an environmental police power regulation outside of their statutory zoning authority. The case is on an expedited appeal to the Iowa Supreme Court.

• What should be the role of local government?
• Should the nuisance protection be weakened?
• What level of environmental regulation is appropriate? Water & air quality.
• Should we put a limit on the size of operation that is acceptable?
• Where should livestock facilities be sited?
• What is an adequate level of enforcement?

• Local farmers are watching the debate and are deciding whether to quit the business or expand.
• Local farmers are concerned that regulations passed to stop or impede the "big corporate operations" will ultimately put them out of business.
• Local farmers are concerned about the future and need to make long term business plans for the continued viability of their operation. Long-term investment in the community and the environment is difficult if there is a lack of consistency in the regulatory framework.

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