02-02-1998 - Laserfiche WebLink

Commission Minutes-February 2,1998 1774 Mr. Wieland asked if Mr. Leake is aware that townships in North Dakota control their own zoning and the county does not issue zoning permits. He asked if there are any county ordinances in existence in the State of North Dakota on this topic, and Mr. Leake said he is not aware of any at this time. The State of Minnesota, through their pollution control agency, is now in the process of drafting stricter regulations on confined animal feeding operations to regulate the growth of this industry in a responsible manner, according to Mr. Leake. He believes this action will encourage the livestock industry to move to bordering counties in North Dakota and South Dakota in large numbers. He is very concerned about groundwater pollution, air quality and quality of life. Steve McNamee, Argusville, who lives in the general vicinity of a proposed hog operation in Harwood Township, addressed the board at this time regarding township concerns. He said the attorney for the owner of the hog operation received a non-conditional use permit from the Harwood Township Board during a meeting at which he was told this item would not be discussed. Therefore, opponents did not have legal representation at the meeting. He also said he has been trying to obtain a copy of their zoning ordinances and has asked them about a comprehensive plan. Mr. McNamee also cited problems with two chicken operations near Harwood as far as air quality, waste going into the river and fly problems. Those concerns were taken to the North Dakota State Health Department. Mr. Leake referred to a North Dakota Attorney General's opinion dated March 24, 1993, and century code references on zoning. Mr. Goff said State law is fairly clear that townships have priority in zoning within their own jurisdiction. If they do not enact zoning ordinances, counties may exercise this authority, but the county is not obligated to do so. Mr. McNamee said this is a time-sensitive issue and he looks to the county for assistance if Harwood Township does not have a legal zoning ordinance in place. Mr. Wieland said it would take a minimum of 20-30 days plus drafting an ordinance if the county were to act on this request. He suggested the quickest alternative may be for Mr. McNamee to get a court injunction until the community has time to react. Elaine Gunderson, Argusville, previously provided correspondence and information to Commissioner Quick, and other commissioners are invited to review that. She handed out additional information at this time concerning confined animal feeding operations. Mr. Meyer suggested asking the State's Attorney to draft an ordinance after contacting people who have concerns on both sides of this issue, as well as contacting the county planner. Mr. Goff suggested that the proponents of an ordinance or moratorium provide him with some information in writing on what they want accomplished. MOTION, passed Mr. Meyer moved and Mr. Koenig seconded to instruct the Cass County State's Attorney to draft a zoning ordinance as it pertains to confined animal feeding operations after receiving written information from the proponents of the ordinance. Discussion: Warren Solberg, former township officer from Stanley Township, cautioned the county board about involving themselves in an area where townships are working with the situation. Mr. Wieland said the proposed ordinance would exclude those townships that have exercised their zoning authority. Mrs. Quick asked whose responsibility it is to see which townships are exercising