SB 2174 — Relating to the regulation of odors in an animal feeding operation and zoning authority over animal feeding operations in counties and townships; and to provide an effective date.

25.0603.03000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2174 Introduced(Senators by Senators Thomas, Conley, Lemm, WestonWeston) Representatives(Representatives Beltz, HauckHauck) AAN BILLACT for an Act to amend and reenact sections 11-33-02.1 and 58-03-11.1 of the North Dakota Century Code, relating to the regulation of odors in an animal feeding operation and zoning authority over animal feeding operations in counties and townships;

or Page(2) No.The provision of grain harvesting or other farm services by a processor or distributor of farm products or supplies in accordance with the terms of a contract.

1 25.0603.03000 Sixty-ninth Legislative Assembly (2) The provision of grain harvesting or other farm services by a processor or distributor of farm products or supplies in accordance with the terms of a contract.

4.S.

B.

NO.

2174 - PAGE 2 4.

Page8. No.

2 25.0603.03000 Sixty-ninth Legislative Assembly 8.

If the county allows animal feeding operations as a conditional use, the conditional use regulations must be limited to the board's Pageauthority No.under this section, and the approval process must comply with this section.

3 25.0603.03000 Sixty-ninth Legislative Assembly authority under this section, and the approval process must comply with this section.

If the board of county commissioners determines the animal feeding operation would comply with zoning regulations or fails to object under this section, the county may not impose additional zoning regulations relating to the nature, scope, or location of the animal feeding operation later, provided an application is submitted promptly to the departmentS. of environmental equality, the department issues a final permit, and construction of the animal feeding operation commences within three years from the date the department issues its final permit and any permit appeals are exhausted.

B.

NO.

2174 - PAGE 3 department of environmental equality, the department issues a final permit, and construction of the animal feeding operation commences within three years from the date the department issues its final permit and any permit appeals are exhausted.

(4) Require an existing animal feeding operation to have a permit for improvements or other modifications of an operation that is in current compliance with state and federal regulations or require an existing operation to have a permit for improvements or other modifications that bring the operation into compliance with state or federal regulations, if the Pagemodifications No.or improvements do not cause the operation to exceed animal numbers of the setback requirement.

4 25.0603.03000 Sixty-ninth Legislative Assembly modifications or improvements do not cause the operation to exceed animal numbers of the setback requirement.

or (2)S. The provision of grain harvesting or other farm services by a processor or distributor of farm products or supplies in accordance with the terms of a contract.

B.

NO.

2174 - PAGE 4 (2) The provision of grain harvesting or other farm services by a processor or distributor of farm products or supplies in accordance with the terms of a contract.

"Location" means the setback distance between a structure, fence, or other boundary enclosing an animal feeding operation, including its animal waste collection system, and the nearest occupied residence, the nearest buildings Pageused No.for nonfarm or nonranch purposes, or the nearest land zoned as a residential, recreational, or commercial zoning district.

5 25.0603.03000 Sixty-ninth Legislative Assembly used for nonfarm or nonranch purposes, or the nearest land zoned as a residential, recreational, or commercial zoning district.

Pagec. No.

6 25.0603.03000 Sixty-ninth Legislative Assembly c.

A person intending to construct an animal feeding operation may petition the board of township supervisors for a determination whether the animal feeding operation would complyS. with zoning regulations adopted under this section and filed with the department of environmental quality under section 58-03-17 before the date the petition was received by the township.

B.

NO.

2174 - PAGE 5 comply with zoning regulations adopted under this section and filed with the department of environmental quality under section 58-03-17 before the date the petition was received by the township.

If the board of township supervisors determines the animal feeding operation would comply with zoning regulations or fails to object under this section, the township may not impose additional zoning regulations relating to the nature, scope, or location of the animal feeding operation later, provided an application is submitted promptly to the department of environmental quality, the department issues a final permit, and construction of the animal feeding operation commences within three years from the date the department issues its final Pagepermit No.and any permit appeals are exhausted.

7 25.0603.03000 Sixty-ninth Legislative Assembly permit and any permit appeals are exhausted.

PageS. No.

8B. 25.0603.03000

NO.

2174 - PAGE 6 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2174.

Senate Vote:

Yeas 42 Nays 5 Absent 0 House Vote:

Yeas 66 Nays 25 Absent 3 ____________________________ Secretary of the Senate Received by the Governor at ________M.