Printed Page 2980, May 3
| Printed Page 3000, May 3
|
Printed Page 2980, May 3
| Printed Page 3000, May 3
| "Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. However, this prohibition does not apply to ordinances of a unit or local government that require the installation of bufferyards and screening, and greater setback requirements than provided for in Title 47, Chapter 20 of the Code. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."/
Renumber sections and amend title to conform.
Rep. ROGERS moved to table the amendment, which was agreed to.
Reps. HODGES and ROGERS proposed the following Amendment No. 26, which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words
and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public paved roads;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain unless protected from flooding.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least one hundred feet from a watercourse of the State;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.
(7) when zoning restrictions apply, on property zoned for agricultural uses.
Section 47-20-30. Any proposed agricultural facility or operation permitted pursuant to the provisions of this chapter without receiving a permit from the unit of local government with jurisdiction over the site shall only be located in an area of the State with a population density of less than ten persons per square mile."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990,
is further amended to read:
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections and amend title to conform.
Rep. HODGES explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 27, which was tabled.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public paved roads;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps,
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from a watercourse of the State;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.
(7) when zoning restrictions apply, on property zoned for agricultural uses."/
Renumber section and amend title to conform.
Rep. HODGES explained the amendment.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Reps. NEAL and ROGERS proposed the following Amendment No. 28, which was tabled.
Amend the bill, as and if amended, by deleting SECTION 2 and inserting:
/SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990,
is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do
Renumber sections and amend title to conform.
Rep. NEAL explained the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to.
Reps. HODGES and ROGERS proposed the following Amendment No. 29, which was tabled.
Amend the bill, as and if amended, by deleting SECTION 3 and inserting:
/SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990,
is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."/
Renumber section and amend title to conform.
Rep. HODGES explained the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to by a division vote of 47 to 28.
Reps. ROGERS and HODGES proposed the following Amendment No. 30, which was tabled.
Amend the bill, as and if amended, by deleting SECTIONS 1 and 3 and
inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public paved roads;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from a watercourse of the State;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of
Rep. ROGERS explained the amendment.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Rep. SHARPE moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Carnell Cato Chamblee Cotty Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Harrell Harrison Haskins Hutson Kelley Kinon Knotts
Koon Law Limehouse Mason McAbee McCraw McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Byrd Cain Canty Clyburn Cobb-Hunter Cromer Govan Harris, J. Harvin Herdklotz Hines Hodges Howard Jennings Kennedy Keyserling Lanford Limbaugh Littlejohn Lloyd Martin Moody-Lawrence Neal Neilson Richardson Rogers Scott Shissias Stille Thomas Tucker Whipper, L. Whipper, S. White Williams
So, the amendment was tabled.
Rep. ROGERS proposed the following Amendment No. 31, which was tabled.
Amend the bill, as and if amended, by adding the following to SECTION 1 and by deleting SECTION 3 and inserting:
/I. Add the following to the end of SECTION 1:
"Section 47-20-30. Any proposed agricultural facility or operation permitted pursuant to the provisions of this chapter without receiving a
II. Delete SECTION 3 and insert:
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in and derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city.
(B) All ordinances adopted by a county or municipal governing body prior to June 30, 1977, are exempted from the provisions of this chapter."/
Renumber section and amend title to conform.
Rep. ROGERS explained the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to by a division vote of 42 to 25.
Rep. HODGES proposed the following Amendment No. 32, which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words
and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public roads;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from a watercourse of the State;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one thousand feet from occupied or occupiable residences. As used in this item,
Rep. HODGES explained the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to by a division vote of 33 to 15.
Reps. HODGES, ROGERS and NEAL proposed the following Amendment No. 33, which was tabled.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public roads;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from a watercourse of the State;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.
(7) when zoning restrictions apply, on property zoned for agricultural uses.
Section 47-20-30. Any proposed agricultural facility or operation permitted pursuant to the provisions of this chapter without receiving a permit from the unit of local government with jurisdiction over the site shall only be located in an area of the State with a population density of less than ten person per square mile."/
Renumber section and amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Reps. NEAL, HODGES and ROGERS proposed the following Amendment No. 34, which was tabled.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and
poultry facilities must be located:
Printed Page 2980, May 3
| Printed Page 3000, May 3
|