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Area Plan Commission Begins Discussion On Animal Feed Operations

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With no advertised cases to address, the Kosciusko County Area Plan Commission heard from representatives of several agri-businesses about animal feeding operations and how they can affect other agriculture-based businesses in the county.
After hearing from representatives of local poultry, swine and dairy producers, the commission chose to create a committee to work with the area plan staff to look further into the matter.
To start off the discussion, Area Plan Director Matt Sandy provided portions of a county ordinance from LaGrange County which dealt with AFO's. He also discussed an ordinance Adams County has regarding AFOs. He noted Adams County's ordinance worked more with the Indiana Department of Environmental Management. He also provided information from the Purdue Extension Office.
County Councilman and Commission member Joe Irwin asked if those counties that regulate AFOs had to change their staffing. Sandy said he wasn't sure about Adams County. He did acknowledge he doesn't have the staff to inventory how much livestock a producer may have.
Steve Miller, of Creighton Brothers Poultry, explained manure is regulated through the state chemists office. He explained to the commission the initial request was to implement setbacks between livestock barns for disease control, specifically High Pathogen Influenza, also known as bird flu.
Miller explained when bird flu infects a poultry barn, a control zone is created. Every poultry barn in the control zone has to do testing and apply for more permitting. Even with all the safeguards, some customers will not take eggs that were in a control zone for bird flu.
For the infected barn and those in the control zone, the result can be people being laid off due to a loss in egg production.
Lee Harman, president of the commission, asked what was the recovery time for a poultry barn that has been hit by bird flu. Miller explained after the birds are culled, the barn has to be cleaned out and disinfected. Permits need to be acquired and, by the time chicks are old enough to lay, it could be a two-year process. Miller explained a hatchery just can't ramp up production of chicks.
Commissioner Kevin McSherry asked under normal circumstances how far ahead does an egg producer order chicks. Miller said Creighton Brothers has chicks ordered though 2030.
"When we invest, we invest a lot," Miller said.
Poultry producers are concerned of poultry barns "popping up" around the county, sometimes close to other poultry operations or other livestock operations. Because these poultry barns are holding fewer birds, "they don't have to follow IDEM rules, they don't have to follow the state chemists rules," Miller said.
Harman, who is also president of the Kosciusko County Board of Zoning, said he gets nervous in the spring when chicks are available for sale at local farm stores. Miller said he doesn't worry too much about individual families wanting some birds to provide their own eggs. What becomes a problem is when the extra eggs are sold, then that backyard flock is seen as a commercial poultry operation by the state.
Commissioner Bob Conley asked if a small flock can infect a large commercial flock. Miller said yes, but the culprit is migrating birds such as geese and Sand Hill Cranes that may be infected with bird flu mingling with poultry.
Miller explained Creighton Brothers does implement bio-security measures to keep its birds safe from outside contaminants. Trucks coming onto Creighton Brothers property are sprayed down with disinfectant. Employees wear boot covers and other protective coverings
Commission member James Moyer asked if the state agencies were looking at changing their ordinances. Miller said he wasn't sure, noting a vaccine for bird flu is available.
Irwin asked if a recent issue with a poultry barn on Ind. 19 was due to the number of birds. Miller said the issue was due to setbacks and the fact the back of the barn was up against a river so migratory birds could mingle with the hens.
McSherry asked if bird flu comes from migratory birds. Miller said migratory birds or not, most poultry producers have bio-security measures in place to keep disease from infecting the birds.
"We knew this wasn't easy, but we wanted to get the conversation started," he said.
Luke Tusing, of Maple Leaf Farms, explained how his operation worked. Maple Leaf is a bit different in that it breeds its own stock. While lot size and setbacks puts an impact on Maple Leaf's operation, he's in favor as in Elkhart County "things are packed in like cordwood," he said.
Tusing stressed he doesn't want to see agri-business hindered. He has sat in on Area Plan Commission meetings for LaGrange and Adams counties. He found LaGrange to be more favorable to agri-business. Adams County seemed very anti- agriculture by kicking the permitting process to IDEM. He would like to see Kosciusko County be pro-agriculture.
In LaGrange, a confined feeding operation is limited to 20 acres.
Another disease concern is the growth in the new organic egg market, which allows for higher prices. Tusing explained a county can require permits and setbacks for the barn, but the birds still have access beyond the barn. He said he wasn't sure how to regulate the situation.
Noting Maple Leaf Farms is looking at expanding and adding more poultry barns, Tusing did express some concern about overreach in the future.
Irwin asked about the permitting process under the LaGrange ordinance and should there be a reciprocal nature for setbacks where ag and residential areas are side by side.
Miller explained IDEM is focused on manure generation and application. Manure takes care of itself through regulation. The main concern is health related as some countries will shut off exports of eggs if health issues pop up.
Tusing asked that any new ordinance require notification when new poultry barns are going up. "Bio-security it key for us ... We're really keyed up about it," he told the commission.
Shad Krull, Milford, raises hogs. He told the commission one of his neighbors wanted to build a chicken house 900 feet from his property line. He managed to talk that neighbor out of it. However, another neighbor recently put up a chicken barn with no notification.
Krull told the commission he was required to notify his neighbors twice when he built his hog barn and then later when he wanted to expand it. He asked for large set backs to prevent livestock barns from being stacked too close together. Krull also told the board his local veternarian and state veternarian are concerned the bird flu virus could mutate to hogs. As hogs are close to people, people potentially being infected by the virus could become a possibility.
As the operator of a AFO, Krull said he was frustrated that a neighbor could build a similar-sized barn to his hog barn and not notify the neighbors.
Conley, who was raised on a farm, said, "We didn't do anything that was not financially sound or safe. Overreach is a big issue we need to be aware of," asking the commission to be cautious.
Irwin noted on the flip side, the commission tells people how to build their home through permits and setbacks.
Sam Beer, "an old hog farmer" said "I don't like any rules. I don't like overreach ... Our county is a great county for ag. We have to follow a lot of rules. We have binders from IDEM ... What makes me uptight, we have to follow a lot of rules. Eight months ago the neighbor came and said he's going to put a chicken barn there. Viruses have a mind of their own."
Miller said, "The only way you can help is through setbacks. And the setbacks aren't going to be enough for some people.”
Ridge Beer, a dairy farmer from Milford, told the commission dairy was "a little different beast" than poultry or hogs. When a cow comes down with bird flu, it doesn't wipe out the farmer's entire production since bird flu has not passed through the pasteurization process. The issue comes to control zones when bird flu shows up, which means it could be more difficult to move stock.
The commission asked if Beer had any suggestions. He stressed setbacks, but had no answer as to how large the setback should be.
McSherry expressed serious concerns about the bird flu mutating and infecting swine.
As the discussion wound down, it was clear ag producers want an ordinance with setbacks that is enforceable. Sandy said other agencies, such as Farm Bureau, may be brought into the discussion.
Commission member Doug Ruch recapped the conversation before Moyer made his motion to have a committee look into the situation. His motion was carried unanimously.