GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 944

Short Title:  Zoning/Siting Swine Farms.	(Public)

─────────────────────────────────────── 
Sponsors: Representative H. Hunter.

─────────────────────────────────────── 
Referred to:  Rules, Calendar and Operations of the House.

─────────────────────────────────────── 

April 15, 1997

A BILL TO BE ENTITLED
AN ACT TO AMEND, FOR THE PURPOSE OF PROTECTING THE HEALTH, SAFETY, AND WELFARE OF COUNTY CITIZENS, THE ZONING LAWS IN ORDER TO CLARIFY THE AUTHORITY OF COUNTIES TO REGULATE SWINE OPERATIONS BY ORDINANCE AND TO IMPROVE THE SWINE FARM SITING ACT WITH RESPECT TO THE NOTICE REQUIREMENTS AND THE SITING LIMIT FROM AN OCCUPIED RESIDENCE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 153A-340 reads as rewritten:
"§ 153A-340.  Grant of power.
(a)	For the purpose of promoting health, safety, morals, or the general welfare, a county may regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, and to provide density credits or severable development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11.
(b)	These regulations may not affect bona fide farms, but any use of farm property for nonfarm purposes is subject to the regulations.  Bona fide farm purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market.  These regulations may apply to swine operations subject to permits under G.S. 143-215.10C.  These swine operations are not bona fide farms within the meaning of this section.
(c)	The regulations may provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained.  The regulations may also provide that the board of adjustment or the board of commissioners may issue special use permits or conditional use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits.  Where appropriate, the conditions may include requirements that street and utility rights-of-way be dedicated to the public and that recreational space be provided.  When issuing or denying special use permits or conditional use permits, the board of commissioners shall follow the procedures for boards of adjustment except that no vote greater than a majority vote shall be required for the board of commissioners to issue such permits, and every such decision of the board of commissioners shall be subject to review by the superior court by proceedings in the nature of certiorari.
(d)	A county may regulate the development over estuarine waters and over lands covered by navigable waters owned by the State pursuant to G.S. 146-12, within the bounds of that county.
(e)	For the purpose of this section, the term ‘structures' shall include floating homes.
(f)	Any petition for review by the superior court shall be filed with the clerk of superior court within 30 days after the decision of the board of commissioners is filed in such office as the ordinance specifies, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the clerk at the time of the hearing of the case, whichever is later.  The decision of the board of commissioners may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.
(g)	Any regulations adopted under this section that affect a swine operation subject to a permit under Part 1A of Article 21 of Chapter 143 of the General Statutes shall not be considered a governmental taking, an action of eminent domain, or a condemnation.  No person affected by any such regulations shall be entitled to compensation pursuant to Chapter 40A of the General Statutes.”
Section 2.  G.S. 130A-39 is amended by adding a new subsection to read:
"( h)	Any rules adopted by a local board of health under this section that affect a swine operation subject to a permit under Part 1A of Article 21 of Chapter 143 of the General Statutes shall not be considered a governmental taking, an action of eminent domain, or a condemnation.  No person affected by any such rules shall be entitled to compensation pursuant to Chapter 40A of the General Statutes."
Section 3.  G.S. 106-805 reads as rewritten: 
"§ 106-805.  Written notice of swine farms.
Any person who intends to construct a swine farm whose animal waste management system is subject to a permit under Part 1A of Article 21 of Chapter 143 of the General Statutes shall, after completing a site evaluation and before the farm site is modified, attempt to notify all adjoining property owners and all property owners who own property located across a public road, street, or highway from the swine farm of that person's intent to construct the swine farm.  This notice shall be by certified mail sent to the address on record at the property tax office in the county in which the land is located.  The written notice shall include all of the following:
(1)	The name and address of the person intending to construct a swine farm.
(2)	The type of swine farm and the design capacity of the animal waste management system.
(3)	The name and address of the technical specialist preparing the waste management plan.
(4)	The address of the local Soil and Water Conservation District office.
(5)	Information informing the adjoining property owners and the property owners who own property located across a public road, street, or highway from the swine farm that they may submit written comments to the Division of Water Quality, Department of Environment, Health, and Natural Resources.
Also this person shall cause a copy of the written notice to be published once a week for three successive weeks in a newspaper that is qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and that is circulated in the county or counties in which the proposed swine farm is located."
Section 4.  G.S. 106-803(a) reads as rewritten:
"(a)	A swine house or a lagoon that is a component of a swine farm shall be located at least 2,500 feet from any occupied residence; at least 2,500 feet from any school, hospital, or church; and at least 500 feet from any property boundary.  The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any boundary of property on which an occupied residence is located and from any perennial stream or river, other than an irrigation ditch or canal.
(b)	A swine house or a lagoon that is a component of a swine farm may be located closer to a residence, school, hospital, church, or a property boundary than is allowed under subsection (a) of this section if written permission is given by the owner of the property and recorded with the Register of Deeds."
Section 5.  G.S. 106-804(b) reads as rewritten:
"(b)	A person is directly affected by the siting requirements of G.S. 106-803 only if the person owns a facility or property located less than the siting requirements specified under G.S. 106-803.
					."
Section 6.  A zoning regulation that is applicable to swine operations under G.S. 153A-340, as amended by Section 1 of this act, and that is adopted by a board of county commissioners prior to the date that Section 1 of this act becomes effective is retroactively validated.
Section 7.  This act is effective when it becomes law.  Section 4 of this act applies to new construction and expansions for which a site evaluation is conducted on or after that date.