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Saturday, August 25, 2007

Ind. Gov't. - Henry County zoning amendment would allow the CAFOs closer to some homes

Joy Leiker of the Muncie Star-Press reports today, in a story that begins:

NEW CASTLE -- Homes built on residentially-zoned land would have more protection from confined feeding operations than homes built on property zoned for agriculture if the Henry County Board of Commissioners edits current zoning law.

The difference comes down to a single phrase in the zoning rules, and on Thursday the Henry County Planning Commission voted 5-4 to recommend that county commissioners make the change to the law, which was adopted in 2004. County commissioners likely will consider the amendment at a meeting next month.

And though the change in wording from "residential use" to "residential district" might appear minor, it affects many rural Henry County residents, though county officials have no count or estimate of the number.

During Thursday night's meeting, Emily Hammersmith chastised the nine members of the planning commission for not knowing, or researching, how many people would be affected by the change. Hammersmith lives southeast of Mount Summit, and said the commission was "stripping all rural residents of any protection that they have."

For years, farmers have sold small sections of their land to people wanting to build a house in the country. They've also spliced their farm land for their own homes or for homes for other family members, and as a result, homes now stand on land zoned for agriculture. Homeowners could have sought to have their rural property rezoned, and can still do so now, but many don't.

Hammersmith was one of about 100 people to attend Thursday's meeting and participate in a public hearing that lasted 90 minutes. She asked the commission to give every homeowner who lives on property zoned for agriculture an opportunity to be rezoned, and also asked that the county send a certified letter to every affected resident, rather than just publish the required legal notice in the newspaper.

The change in wording affects more than just the distance between confined feeding operations and a neighbor's property line. There are 19 "uses" that stipulate a minimum setback from residential-zoned properties, including everything from an airport (2,000 feet) or junk yard (1,320 feet) to nursing home (75 feet) or prison (2,000 feet).

But those distances decrease if those institutions neighbor property zoned for agriculture, and in the case of a neighboring confined feeding operation, the distance drops from 2,000 feet to 300 feet. The distance requirement for a livestock sale barn next door would decrease from 2,000 feet to 40 feet.

And though planning commission members didn't want to discuss those numbers, or specifically talk about CAFOs, that's what was on the minds of most of the 20-plus people who addressed the group in a former courtroom.

Posted by Marcia Oddi on August 25, 2007 10:48 AM
Posted to Indiana Government