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Saturday, January 29, 2005

Ind. Law - Proposed land use changes in Adams County

The Decatur Daily Democrat had a long story yesterday by J. Swygart on proposed changes to land use regulations, including the land application of livestock manure. According to the story, a meeting to unveil the updated requirements, held Thurs. evening, Jan. 17th:

drew a crowd of approximately 100 interested citizens -- 95 percent of whom were members of the Amish community. They heard plan commimssion attorney Dan Burry offer a synopsis of proposed changes to a 141-page county zoning ordinance that, when adopted, would affect all unincorporated areas of Adams County.

According to Burry, the county zoning ordinance has not been updated since 1996. The proposed changes unveiled Thursday have been discussed by the plan commission members at length, he said.

"We've been at this for a year and a half, and while (the zoning ordinance) is never going to be perfect, its purpose is to serve everyone in Adams County and to work towards a common goal," Burry said.

"The county commissioners and county council authorized the hiring of an engineering firm to prepare this zoning ordinance, but we decided that no one knows Adams County as well as we do, so we did it ourselves," said Burry.

Agricultural-related topics dominated the 90-minute meeting Thursday night, with sections governing intensive livestock operations and the application and storage of manure generating the most feedback from audience members.

In what Burry called a "major change" to the document, revisions contained in the proposed zoning ordinance would require "the owner of the livestock as well as the operator and/or owner of the facility upon which the intensive livestock operation is conducted" to obtain an Intensive Livestock Permit prior to operation.

But Decatur swine producer Paul Rumple noted that some area pork producers are contracted with out-of-state owners. Rumple himself contracts with the North Carolina-based Maxwell Foods, who are owners of the hogs he raises. "I'm not sure of the purpose of the joint permit, and I don't know how I'm going to get someone from North Carolina here to sign it."

But while questioning that provision of the proposed zoning rules, Rumple said other portions of the document were too lenient.

"Why do we not adopt Indiana Department of Environmental Management standards for manure application and IDEM specifications for the construction of manure pits?" Rumple asked. IDEM standards, which apply only to larger intensive livestock operations, tightly govern the amount and concentration of manure which may be field applied.

"IDEM standards protect our waterways," said Rumple. "This county is notoriously bad about spreading manure on frozen ground. We need some kind of application standards."

Neil Ogg, Adams County director of planning and zoning, said the county has neither the manpower nor the expertise to more tightly regulate manure application.

Burry added, "IDEM is a Johnny-come-lately outfit. They've not been regulating near as long as we have. Our thought is that we feel each of you producers is as concerned about your soil as anyone. Right now we don't want this ordinance to be so onerous that we're out testing people's fields."

Posted by Marcia Oddi on January 29, 2005 10:50 AM
Posted to Environment | Indiana Law