Commissioners decline to enact CAFO-related ordinance


Times photo / Amelia LaMair Those attending Monday’s meeting of the Ozark County Commission included (clockwise from lower left) Dennis Lawson (back to camera), Ozark County Assessor Jama Berry, T.J. Lewis, Earl VanRanken (behind Lewis), County Clerk Brian Wise, Presiding Commissioner John Turner, Eastern District Commissioner Gary Collins, Western District Commissioner Greg Donley and Pearl Schneider. Not pictured: Noel Luna and Jon Wilson.

Some community residents attended the Aug. 26 meeting of the Ozark County Commission to join in the discussion about a new state law regarding concentrated animal feeding operations, or CAFOs. The law, which was to become effective today, Aug. 28, prohibits counties from enacting health-related ordinances related to CAFOs that are stricter than existing state laws. The recently passed statute is not retroactive, so counties had until today to enact CAFO-related ordinances.

However, news outlets around the state have reported that Cole County Circuit Judge Patricia Joyce last week issued a temporary restraining order blocking enforcement of the new law. The ruling came after opponents of the statute filed suit, saying the law is unconstitutional and in violation of the Right-to-Farm amendment that was passed by voters in 2014. The Springfield News-Leader reported that the next hearing in the case is scheduled for Sept. 16. 

Citing the lack of time to act and the lack of resources for monitoring and enforcement, the commissioners did not enact an ordinance to regulate CAFOs here. They did, however, express their disappointment that the law had been passed without county-level input.

“I don’t like the government trying to stick their nose in things all the time,” said Eastern District Commissioner Gary Collins. “I don’t think it’s a necessary thing to have in our county. I don’t want to knock any cattle farmers because I’m a cattle farmer too, but we’ve got to protect our water.” 

“Everybody used to have a few sows and a few milk cows, and we didn’t have the CAFO problem. Everybody had a little. Now, a few have got a lot,” said Western District Commissioner Greg Donley.

 “I am all for the governor, but I think he made a mistake [signing this legislation],” said Presiding Commissioner John Turner, who also said he had spoken to State Rep. Karla Eslinger about the matter. 

Four of the residents attending the meeting spoke against enacting an ordinance. One, who said she had previously lived near a hog-confinement operation in Iowa, expressed her concern about the smell and environmental impacts of CAFOs. 

The annual property tax hearing was also held during the meeting. None of the citizens attending the meeting commented, and the proposed tax rates were set at 0.1500 for general revenue, 0.2337 for Roads and Bridges, and 0.4300 for commercial surtax. 

Next week’s meeting of the Ozark County Commission will be held at 9 a.m. Tuesday, rather than Monday, because of the Labor Day holiday.

Ozark County Times

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