Introduction
Changes in the agricultural industry in recent years have
resulted in the unchecked growth of Concentrated Animal
Feeding Operations (CAFOs). CAFOS are giant livestock operations
housing as many as 1,000 mature cattle, 10,000 pigs, or
125,000 chickens, which jeopardize the existence of small
family farms. The Sierra Club estimates that one CAFO eliminates
10 family farms or forces the remaining small farmers to
enter into corporate contracts.(1)
Just as devastating as the economic impacts are the host
of environmental problems associated with the large farms.
These problems can include water contamination from manure
runoff(2), noxious fumes containing
ammonia, dust, and hydrogen sulfide(3),
and property value depreciation.(4)
Even if the problems associated with a specific CAFO are
recognized, it can often take years to force an operation
into compliance or close one down. For example, Buckeye
Farms, located in Ohio, has health department violations
dating back to 1996(5) and a
notice to revoke the farm’s wastewater permits was issued
in April 2002.(6) Litigation
against the farm dates as far back as 1983.(7)
The farm was eventually sold, after the state ordered the
previous owner to begin shutting the farm down in August
2003 for environmental violations – twenty years after the
first complaints.(8)
Current federal and state regulations fail to protect local
communities from the devastating effects of CAFOs. The federal
regulations, issued in December 2002, address only the largest
CAFOs and fail to regulate medium- to small-sized CAFOs,
unless they are proven polluters. At this time, states differ
greatly in the amount and type of regulations that they
are considering.(9) States, by
and large, have laws in place dealing with agriculture and
issues of air and water pollution, but have not yet addressed
the growing number of CAFOs. Legislation concerning nutrient
management and size classifications has begun to help state
regulators cope with the rapid expansion of CAFOs, but currently
not enough is being done.
In recent years, local governments, in the absence of effective
federal and state regulations, have begun to look seriously
at how to protect their communities from the effects of
CAFOs. They have looked toward zoning ordinances to provide
protection. Zoning has traditionally been a local function,
but communities face a number of roadblocks to using this
approach, including lacking the authority to enact legislation
and state preemption of local control.(10)
A number of states have limited the ability of local communities
to enact regulations protecting their land from the effects
of CAFOs. Local governments, often times, bear the brunt
of the effects of CAFOs, and, thus, should have the ability
to protect their citizens from them. Instead of empowering
local governments, state lawmakers are beginning to bow
to the pressure from agricultural lobbyists, who insist
that the industry should not be subject to stringent regulations.
Agricultural groups and lobbyists have begun to look negatively
at the notion of local control because it could hurt profit
margins. Local governments can be stripped of their power
to regulate in a number of ways, including eliminating the
ability to enact pollution regulations stricter than the
state, eliminating the ability of local governments to control
where CAFOs may be located, or enacting voluntary programs,
such as the Livestock
Friendly program in Minnesota.
Other regulations that protect CAFOs include “Right to
Farm” laws, which exist in all fifty states. These laws
were enacted to protect farmers from nuisance lawsuits;
e.g., complaints brought forth by individuals who moved
to rural areas and were unprepared for the smells and noise
emanating from the normal operations of nearby farms. As
more and more agricultural land is consolidated into large
corporate-run operations, what constitutes “normal operating
effects” has changed significantly. “Right to Farm” laws,
originally enacted to protect family farms, are now being
used to shield CAFOs from the consequences of their actions.
It is important to recognize that federal, state, and local
governments all have different, but important, roles in
protecting citizens and the environment from the effects
of CAFOs.(11) Citizens must not
only encourage the federal government to enact stronger
regulations
than those handed down in December 2002, but should also
encourage state governments to pass stronger laws protecting
their citizens. (See SERC’s State Activity pages on CAFO
Family Farm Preservation and Regulating
Air Emissions from CAFOs for some innovative regulations).
If states are unable or unwilling to take the necessary
precautions, local governments need to retain the ability
to do so, and states should not interfere with, or limit,
this ability.
Legislative Activity
County Zoning Legislation
2003-2004 Legislative Session
Iowa
HF
563 restores the ability of counties to enact restrictions
that are stricter than the state.
North Carolina
S
914 permits counties to adopt zoning ordinances that
regulate swine facilities of a certain size or capacity.
2003 Legislative Session
Idaho
SB
1088 / HB 283 permits counties to adopt zoning ordinances
regulating confined animal feeding operations, provided
they are not less restrictive than section 67-6529C of the
Idaho Code.
Anti-County Zoning Legislation
2003-2004 Legislative Session
Minnesota
HF
2021 puts limitations on municipal interim ordinances.
HF
2057 allows the expansion of existing developments,
which do not meet certain standards, if they have been “grandfathered.”
SF
2108 prohibits local communities from enacting a zoning
ordinance that deals with animal feeding operations.
Wisconsin
AB
868 prohibits local municipalities from enacting restrictions
on the expansion or siting of livestock facilities depending
upon various conditions.
Model Ordinances
These are sample ordinances, concerning CAFOs, which local
communities can adopt or modify to fit their needs. They
address how to regulate CAFOs, from setback distances to
water and air pollution limits.
Press Clips
Links
- Grace
Factory Farm Project – A comprehensive website
that discusses the effects of CAFOs through a number of
issues and has information on community activism.
- Land
Stewardship Project – An organization dedicated
to sustainable communities and farming.
- Midwest
Environmental Advocates – An organization that
networks legal support dedicated to assisting grassroots
groups working for environmental justice in the Western
Great Lakes region.
- Natural
Resources Defense Council – A national organization
that has published a number of documents detailing the
extensive pollution problems associated with CAFOs.
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