Jackson County farmers interested in building a concentrated animal feeding operation will not face a ban similar to one recently imposed against such farms in Bartholomew County.
Commissioners decided against imposing a moratorium on large livestock operations after discussing the issue with county attorney Susan Bevers.
Bevers said she recently spoke with the attorney working with Bartholomew County commissioners about that county’s one-year moratorium enacted in early September after two farmers requested variances to operate CAFOs.
She said the attorney, Grant Tucker, told her he’s not sure why Bartholomew County’s ban has not been challenged except it was enacted during a time when there were no applications for CAFOs.
“He’s not sure it will stand up to a challenge,” Bevers said during a commissioners meeting Tuesday morning at the courthouse annex.
The moratorium includes new operations or additions to existing operations.
Commissioners President Jerry Hounshel said he asked Bevers to explore the issue after the commissioners’ Sept. 16 meeting.
Joe Bradley of Brownstown raised the issue during that meeting, Hounshel said. Bradley has spoken against at least one request from a farmer wanting to construct a CAFO in the past.
He’s also a member of a committee helping the county rewrite its 1967 ordinance governing livestock operations.
Bevers said several Hoosier counties along the Ohio border have enacted moratoriums and wound up being sued and losing. She said moratoriums do not seem to be holding up well to legal challenges.
“So it’s probably an exercise in futility in your opinion?” Commissioner Matt Reedy asked.
Both Jackson County and Bartholomew County are going through reviews of zoning regulations governing CAFOs.
In the midst of discussions by Jackson County officials and others about the proposed ordinance, a Seymour couple applied for special exception for a 4,000-head feeder-to-finish hog operation.
The proposed operation for Robert “Kyle” and Leah Broshears would be set on 10 acres northwest of county roads 1050E and 200S between Dudleytown and Uniontown.
A public hearing on the request is set for 7:30 p.m. Tuesday in front of the county board of zoning appeals at the courthouse.
The proposed ordinance would have no effect on their request.