Commissioners Hear Appeal To Keep CAFOs Out Of Stone County
August 1, 2019
Isaac Estes-Jones
Julie Schottman, of Lampe, is worried about two recent pieces of legislation that prevent counties from enacting strict ordinances on Concentrated Animal Feeding Operations (CAFOs). These are large-scale farms with hundreds or thousands of animals that some people think cause issues in communities due to odor and animal waste disposal.
Schottman appeared before the Stone County Commission on Tuesday, July 30, to present information on CAFOs, present a petition asking for further regulation, and to speak with the commission about what can be done in light of SB391 and HB951, which prevent restrictions on CAFOs by county and local governments and preempt local oversight. Both bills passed in the most recent Missouri legislative session and were signed into law by Governor Parson.
“We attended a meeting in Taney County last week where concerned citizens spoke to their commission about this issue and I wanted to speak with you all about it,” said Schottman.
She also spoke about the case of a large hog farm in Arkansas near the Buffalo River. Closing that operation is going to cost Arkansas tax payers $6 million. “We don’t want that to happen here,” she said.
“The state wants uniform regulations [of these facilities] across the state, but I worry about the differences in geography, etc., that should play into where one of these operations should be set up,” Schottman said.
The commissioners seemed amiable to Schottman’s request that they strengthen the existing ordinance on the zoning of CAFOs. The wording of the new laws indicates that ordinances in place before August 28 should be grand fathered in.
“My big concern is they took local control away from us,” said Mark Maples, Presiding Commissioner. “I’m very, very disappointed about that.”
Schottman said that she spoke to Senator Sater about this issue, but was told the economic and job gains outweighed other considerations. “According to Senator Sater, the pros are with jobs and the economy,” she said, adding, “But, we came up with quite a few disadvantages, including not having the right to issue permits, hold public hearings or set air or water standards.”
Several other citizens spoke to the commission in favor of attempting to do something to retain local control of this issue, including some asking questions about what could be done to overturn this law.
Among those citizens was former presiding commissioner Dennis Wood. Wood, in addition to serving Stone County, served four terms in the House of Representatives. “I served four terms in the House. Every year, there was always a bill or two like this. We formed coalitions to keep them out. I’m not saying I was the only one, but I helped. We always defeated these types of bills before and I’m sad they passed this year.
“The simple fact is, we’ve either got to do one of two things: Don’t eat bacon or allow CAFOs somewhere,” Wood said. “Unfortunately, a referendum is the only way to work against these giant corporations and their lobbyists. It’s not even local money or US ownership behind the big farm operations,” he said.
Wood encouraged the county to stiffen the existing ordinance regulating CAFOs. “I urge you to consider stiffening the ordinance to where it would be challenged in court. It’s important that counties make a stand,” he said.
Stone County’s ordinance regulating CAFOs was passed in 2013 and is enforced by the Planning and Zoning department of the county.
This ordinance applies to livestock containment operations (LCOs) that are also known as CAFOs. The County states this type of operation can only be held on land zoned A-1, M-1 or M-2, with additional setback requirements beyond those set by Missouri Department of Natural Resources.
The commissioners did not have a specific number of CAFO operations in Stone County, but said around four to five had been approved since the ordinance was passed in 2013, all related to chicken farming.
“We are reviewing our current ordinance now and if there are any changes we need to make, we will make them,” said Maples.
Commissioners Wayne Blades and Hank Smythe also indicated they were looking closely at the issue and were open to making changes before the apparent deadline. “If we need to change anything, we’ll do it before the 28th,” Smythe said, “I’m not sure how much, if any, these changes will hold up in court,” he said.
County Attorney Bill McCullough cautioned the commission and those in attendance against many changes. “I still believe that those who think this will stand under the new commission set up in the laws are wrong. If the county prevents someone from building one of these where they have the right to, we’ve violated their rights and can be held liable for damages. These corporations that run most of these operations have deeper pockets than the county has,” he said.
The commission will hold another discussion on this matter on Tuesday, August 20, at 10 a.m. in the Commission Office. “If we’re going to do anything, we can’t wait until the last minute,” said Smythe.
Isaac Estes-Jones
Julie Schottman, of Lampe, is worried about two recent pieces of legislation that prevent counties from enacting strict ordinances on Concentrated Animal Feeding Operations (CAFOs). These are large-scale farms with hundreds or thousands of animals that some people think cause issues in communities due to odor and animal waste disposal.
Schottman appeared before the Stone County Commission on Tuesday, July 30, to present information on CAFOs, present a petition asking for further regulation, and to speak with the commission about what can be done in light of SB391 and HB951, which prevent restrictions on CAFOs by county and local governments and preempt local oversight. Both bills passed in the most recent Missouri legislative session and were signed into law by Governor Parson.
“We attended a meeting in Taney County last week where concerned citizens spoke to their commission about this issue and I wanted to speak with you all about it,” said Schottman.
She also spoke about the case of a large hog farm in Arkansas near the Buffalo River. Closing that operation is going to cost Arkansas tax payers $6 million. “We don’t want that to happen here,” she said.
“The state wants uniform regulations [of these facilities] across the state, but I worry about the differences in geography, etc., that should play into where one of these operations should be set up,” Schottman said.
The commissioners seemed amiable to Schottman’s request that they strengthen the existing ordinance on the zoning of CAFOs. The wording of the new laws indicates that ordinances in place before August 28 should be grand fathered in.
“My big concern is they took local control away from us,” said Mark Maples, Presiding Commissioner. “I’m very, very disappointed about that.”
Schottman said that she spoke to Senator Sater about this issue, but was told the economic and job gains outweighed other considerations. “According to Senator Sater, the pros are with jobs and the economy,” she said, adding, “But, we came up with quite a few disadvantages, including not having the right to issue permits, hold public hearings or set air or water standards.”
Several other citizens spoke to the commission in favor of attempting to do something to retain local control of this issue, including some asking questions about what could be done to overturn this law.
Among those citizens was former presiding commissioner Dennis Wood. Wood, in addition to serving Stone County, served four terms in the House of Representatives. “I served four terms in the House. Every year, there was always a bill or two like this. We formed coalitions to keep them out. I’m not saying I was the only one, but I helped. We always defeated these types of bills before and I’m sad they passed this year.
“The simple fact is, we’ve either got to do one of two things: Don’t eat bacon or allow CAFOs somewhere,” Wood said. “Unfortunately, a referendum is the only way to work against these giant corporations and their lobbyists. It’s not even local money or US ownership behind the big farm operations,” he said.
Wood encouraged the county to stiffen the existing ordinance regulating CAFOs. “I urge you to consider stiffening the ordinance to where it would be challenged in court. It’s important that counties make a stand,” he said.
Stone County’s ordinance regulating CAFOs was passed in 2013 and is enforced by the Planning and Zoning department of the county.
This ordinance applies to livestock containment operations (LCOs) that are also known as CAFOs. The County states this type of operation can only be held on land zoned A-1, M-1 or M-2, with additional setback requirements beyond those set by Missouri Department of Natural Resources.
The commissioners did not have a specific number of CAFO operations in Stone County, but said around four to five had been approved since the ordinance was passed in 2013, all related to chicken farming.
“We are reviewing our current ordinance now and if there are any changes we need to make, we will make them,” said Maples.
Commissioners Wayne Blades and Hank Smythe also indicated they were looking closely at the issue and were open to making changes before the apparent deadline. “If we need to change anything, we’ll do it before the 28th,” Smythe said, “I’m not sure how much, if any, these changes will hold up in court,” he said.
County Attorney Bill McCullough cautioned the commission and those in attendance against many changes. “I still believe that those who think this will stand under the new commission set up in the laws are wrong. If the county prevents someone from building one of these where they have the right to, we’ve violated their rights and can be held liable for damages. These corporations that run most of these operations have deeper pockets than the county has,” he said.
The commission will hold another discussion on this matter on Tuesday, August 20, at 10 a.m. in the Commission Office. “If we’re going to do anything, we can’t wait until the last minute,” said Smythe.