HF4295

Purpose

The bill aims to give counties more authority to regulate feedlot-related use and to allow small-scale poultry (up to 24 chickens) on any lot through local ordinances. It also creates a formal process for state agencies to review and comment on environmental, agricultural, and economic impacts of proposed feedlot ordinances.

Main provisions

• Notification at the start: A county proposing to adopt or amend a feedlot ordinance must notify the Pollution Control Agency (PCA) and the commissioner of agriculture no later than the first hearing.
• State agency review before final approval: Before final approval, the county board may send the proposed ordinance to the PCA and the commissioner of agriculture to request review comments and recommendations on environmental and agricultural effects.
• Agency justification and recommendations: The agencies’ response may include recommendations for improvements and the justification for each recommendation, covering legal, social, economic, or scientific reasons.
• Economic effects analysis: At the county’s request, the county must prepare a report on the economic effects of specific provisions, describing how the ordinance could affect the local economy and which businesses might be affected.
• Economic-effect template: The commissioner of agriculture, with the Department of Employment and Economic Development (DEED), must develop a template for measuring local economic effects and provide it to the county. The economic report, along with the proposed ordinance, must be submitted to the relevant state commissioners.
• Setback provisions for feedlots and residences: If a local ordinance includes a setback for new feedlots from existing residences, it must also provide for a corresponding residence setback from existing feedlots located in areas zoned agricultural, using the same distances and conditions, unless the new residence replaces an existing one. A county may grant a variance from this requirement.
• Poultry allowance: Notwithstanding current setback requirements for animal feedlots under Minnesota Rules 7020 and part 4725.4450, a local ordinance may approve up to 24 chickens on any lot.

Significant changes to existing law

• Allows local ordinances to authorize keeping up to 24 chickens on any lot, overriding existing setback rules in Minnesota Rules 7020 and part 4725.4450.
• Introduces a formal, multi-step process requiring local governments to engage state agencies (PCA and the commissioner of agriculture) early and provide an economic effects analysis with a state-generated template.
• Requires alignment of residence setbacks with feedlot setbacks in agricultural zones, unless replacing an existing residence, and permits variances from this rule.

Who and what is affected

• Local governments (counties) that regulate feedlots and poultry on lots.
• State agencies: Pollution Control Agency and the commissioner of agriculture.
• Department of Employment and Economic Development (DEED), which helps develop the economic-effects template.
• Local residents and businesses near feedlots or poultry operations, as well as agricultural zones.

Practical implications

• Counties considering feedlot ordinances will need to engage state agencies early and may have to prepare an economic impact report.
• Communities could permit up to 24 chickens on any lot, subject to county rules, regardless of some existing setback standards.
• Setback rules for new feedlots and nearby residences in agricultural zones may be adjusted to mirror each other, with potential variances available.

Potential outcomes to watch

• How the early agency input influences local ordinance language and safeguards.
• The content and impact of the economic-effects template on local decision-making.
• Local adoption of up to 24 chickens on any lot and how it interacts with existing zoning and environmental considerations.

Relevant Terms feedlot ordinance local ordinance county board Pollution Control Agency (PCA) commissioner of agriculture Department of Employment and Economic Development (DEED) economic effects / local economic effects template for measuring local economic effects environmental effects agricultural effects setback residence setback agricultural zoning Minnesota Rules 7020 part 4725.4450 24 chickens on any lot variance (394.27 subdivision 7) first hearing / notice environmental review agricultural review economic analysis proposed ordinance