Commissioners passed Lancaster County's first sweeping regulations for livestock and poultry operations Tuesday, rule-making that comes in response to concerns about controversial Costco-affiliated chicken farms.
The rules, which take effect next week, make it tougher to build a new animal feeding operation in the county because of more stringent setbacks.
For years, such farms were regulated on a case-by-case basis.
After a public hearing Tuesday, the County Board extended the required setback for large-scale enclosed operations from a half-mile from a residence to three-quarters of a mile.
Setback requirements are a half-mile from homes to what are defined as medium-sized enclosed operations and 1 mile from homes to feedlots. The new rules also established setbacks of 1½ miles for large operations — open or enclosed — and 1 mile for medium-sized operations from schools, churches and similar properties.
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"(An animal feeding operation) hinders what people can do with their own personal property, essentially if they live closer than that," said Commissioner Christa Yoakum, before supporting the extension in distance between homes and large enclosed operations.
That change was one of the biggest that county commissioners made to the regulations proposed by a task force and approved by the Lincoln-Lancaster County Planning Commission last month.Â
The task force formed in 2018, after the County Board narrowly approved a 190,000-bird operation planned for the southwest part of Lancaster County. Â
During a public hearing Tuesday morning, several people who had previously opposed permits for Costco-affiliated chicken farms in the county applauded the task force's recommendations but also called for increased setbacks and requirements that any proposals include a water well permit.Â
Concerns about water scarcity in the county and the impact of new development bubbled up in the County Board's most recent chicken farm hearing and when it considered a potential campground near Davey.
Water well permits from the Lower Platte South Natural Resources District aren't typically required by the county until an operation nears occupancy.
County commissioners Tuesday voted to require a water permit be included upon application for an animal feeding operation.
"I think it makes a very strong statement we want to protect this important natural resource," Commissioner Deb Schorr said.Â
The board also voted to require the largest class of animal feeding operations secure bonds that would pay for any future decommissioning of their barns or buildings.
Several other rules were adopted by the board Tuesday, as proposed by the task force, including adding a buffer of trees to projects.Â
"We are creating a sustainable economic environment and the safest food in the world while also trying to protect our environment,†Tim Kalkowski, a task force member and ag lender with First State Bank Nebraska, said of the regulations. "It's a balancing act, and I think there's a place for both issues."
The new rules wouldn't apply to the Costco chicken barn projects already reviewed by the board.Â
Only one of them was approved by the county, but both have spawned legal battles.
The farms each planned to raise broiler chickens that would be processed for sale as rotisserie chickens at the Lincoln Premium Poultry plant in Fremont.
The new regulations would limit any future expansion of the Bevans Barns poultry farm near Waverly, which has about 82,000 chickens, because it would need to comply with the new rules if it wanted to build out.Â
Environmental protection advocates largely praised the new rules as a laudable first step.Â
Edison McDonald of GC Resolve said he was excited the county made the changes it did Tuesday.
GC Resolve wants to see counties put moratoriums on the farms until they implement regulations as Lancaster County did, he said.
The Omaha-based advocacy group also wants counties or the state to cap the maximum number of animals on large farms, among other proposed environmental and community safeguards, he said.Â
"We have further to go," McDonald said.Â