Confined feeding operations can continue to build in Jay County.

Jay County Plan Commission on Thursday approved 8-1 lifting the Inter-local Board of the Jay/Portland Building and Planning Department’s resolution to suspend issuing new building permits to confined feeding operations (CFO) and concentrated animal feeding operations (CAFOs). In the same motion, the commission approved recommending Jay County Commissioners appoint a study commission to investigate and submit a report in 90 days with recommendations for changes to the county’s CFO/CAFO zoning ordinance.

Jay County Courthouse’s auditorium was standing room only as the agriculture community and other residents came to hear whether a moratorium would be placed on proposed confined feeding operations.

The inter-local board approved the resolution for suspending new permits Tuesday, with Jay County Commissioners recommending a one-year moratorium on new permits to allow time to look through the county’s current zoning ordinances, prepare a study and propose changes.

The idea for a study came after J-Star Farms, a proposed CAFO east of Portland on Ind. 26, began construction in August before receiving a county permit.
The county filed a civil suit, with the CAFO paying what many in the community considered to be minimal fines for the violation.

The situation brought out residents to show their disapproval of the current laws.
But many spoke out Thursday against the idea of a moratorium.

Speaking as one of eight representatives — four for the moratorium and four against — allowed to comment, Dave Lowe of Fort Recovery Construction and Equipment expressed his disapproval of the idea for a moratorium on new confined feeding operations.

“Moratoriums are a situation, this would upset agriculture. Sixty-one percent of the taxes in this county, folks, come from agriculture,” said Lowe. “It will be a huge mistake.”

Steve Reier spoke on behalf of Minnich Poultry, a confined feeding operation in Jay County, stating that any length of moratorium would put existing operations in jeopardy as they wouldn’t be allowed to expand, which would stop new business and any economic stimulation.

“It’s a shame to lose that opportunity for the county,” said Reier.

Residents in favor of the moratorium saw the suspension of new construction as a way to give a study commission adequate time to review the confined feeding operation zoning ordinance, without worry of a rush of intent to build permits being processed before changes could be made.

“We really need to suspend the current ordinance until it’s properly studied … involve the entire community as much as we can,” said Jay County resident Joe Johnston. “We’re a community of 22,000 people. We are an ag community. We are very concerned about the future.”

After almost 30 minutes of public comment, the commission, including Scott Hilfiker, Mike Rockwell, Paula Confer, Brad Daniels, Jim Zimmerman, Larry Temple, Steve Ritchie, Shane Houck and Eric Pursiful, questioned the need for a moratorium and whether putting a year deadline on a study commission would drag out the project unnecessarily.

County attorney Lon Racster and Temple cited a Purdue University study that addressed these same issues in 2007 and ’09, saying the proposed study committee could use that as its base to help streamline the process of recommending changes to the current ordinance.

Non-voting member Ron Laux told the commission he believes a study could be successful with or without a moratorium.

“As committed as the folks are to wanting this study, without the moratorium, I still think folks are still committed,” said Laux. “I think it will happen with the absence of a moratorium.”

Board member Paula Confer wasn’t convinced, citing times the commission has tried to conduct such studies without a moratorium, producing no results. Confer made a motion to place a 90-day moratorium on new CFOs and CAFOs in the county, with a study commission to bring recommendations to the commission and Jay County Commissioners in that time frame, but it died from lack of support.

The board voted 8-1, with Confer dissenting, to strike down the current suspension on building permits for confined feeding operations and recommend
commissioners appoint a study commission to submit recommendations within 90 days.

Jay County Commissioners on Monday would need to approve commission’s recommendation and could begin to make study commission appointments the same day.
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