Is ag bill a ‘bunch of crap’?

Local government leaders in Indiana soon might not be able to place restrictions on massive livestock barns that in some rural areas produce more sewage than the closest town.

State Sen. Jean Leising’s Senate Bill 249 would prevent a county, municipality or township “from adopting an ordinance, resolution, rule, policy or other requirement” that prohibits building any livestock structure, so long as it’s to be built in an area zoned for agriculture and the operator follows state laws.

Some environmentalists and local government leaders say they’re deeply troubled by the Oldenburg Republican’s bill, which they say amounts to a state power grab on behalf of Indiana’s powerful farm lobby.

Attorney Kim Ferraro, the Hoosier Environmental Council’s water and agriculture policy director, says the bill could block any local oversight of what she calls factory farms.

“It’s one thing to want to be a state that promotes agriculture,” Ferraro said. “It’s a whole other thing to completely strip the rights of local governments and citizens to protect themselves from harm.”

Leising, chairwoman of the Senate Agriculture Committee, said she’s responding to concerns that various counties across the state have sought moratoriums on new livestock barn construction.

“Animal agriculture has been a big part of Indiana, and so the state needs to at least know this is going on,” Leising said. “As far as I know, there hasn’t been any discussion on the state level about the fact these counties are doing this.”

The barns, sometimes referred to as “concentrated animal feeding operations,” or CAFOs, can contain thousands of animals. In some areas, they’re a source of complaints from neighbors because of the smell. Environmental groups say the manure is often stored in above-ground lagoons, which pose substantial environmental risks to waterways.

Although no state regulations address odors, the Indiana Department of Environmental Management says state requirements for waste disposal, processing and storage go beyond federal requirements and those of some other states.

“Doesn’t matter if you follow IDEM rules, it’s just ‘no,’ ” Leising said of some counties’ opposition.

Spokesmen for Indiana Pork, a trade association representing 3,000 pork farmers, and the Indiana Farm Bureau say their groups haven’t taken a position on the bill, but they’re troubled by how some counties have sought moratoriums.

“We’re looking forward to the discussion,” said Justin Schneider, the state Farm Bureau’s senior policy adviser and counsel.

But Ferraro, the environmentalist attorney, said state lawmakers already have passed farm-friendly laws to encourage large-scale confined livestock operations in Indiana.

For instance, she said, a “right to farm” bill passed last year makes it much more difficult for local governments to use ordinances to prohibit new farming operations.

Plus, she said, laws passed in previous sessions have made it extremely difficult for a neighbor to win a nuisance lawsuit against a large confined livestock operation.

The bill also irks some county leaders.

In eastern Indiana’s Jay County, commissioners discussed a possible moratorium on CAFOs but decided against it last fall, said former Commissioner Milo Miller Jr., who stepped down Jan. 1 after a 24-year stint on the board.

He described Leising’s bill as a “bunch of crap.”

“They say they want the counties to have local control, but it’s ‘Do it our way,’ ” Miller said. “What kind of local control is that? Who knows what’s best in the county? The state legislature or county officials?”

The bill has a strong chance of advancing since Leising chairs the Agriculture Committee.

The committee will discuss the bill at 10 a.m. Monday in Statehouse Room 130, 200 W. Washington St.

Call Star reporter Ryan Sabalow at (317) 444-6179. Follow him on Twitter: @RyanSabalow.