First, SB 615, the farm act.
Veterans of the legislature rightfully become concerned when a lawmaker says “All this section does is x.” Or, as Sen. Brent Jackson, a Sampson County Republican, quipped: “This is one of the shortest ones I’ve run in the last few years and the least controversial. We’ll see here in a moment.”
The 16-page bill (that started as four) would temporarily exempt from odor rules those farms that store poultry manure to be used for renewable energy. The Environmental Management Commission would have to craft an amendment to the existing odor rule governing waste-to-energy storage. These changes must go through public comment so the rule could take several months, if not a year to enact.
“All this does is allow a farmer to buy poultry litter from multiple sources to burn as renewable energy,” Jackson said. Otherwise the facility would fall under an industrial class and be subject to odor rules. “If there’s just one source, you may not have enough to keep the system running.”
The premise sounds reasonable, except the so-called hog nuisance bill just became law, and the language is vague enough that poultry operations could be included in it. Under that statute, citizens are limited in the amount of compensatory damages they can be awarded for agricultural inconveniences like bacteria from fecal matter on their homes or acrid odors in their living rooms.
“Let’s say I’m a citizen who wants to complain about odor, can I get an injunction?” asked Sen. Angela Bryant, a Democrat from northeastern North Carolina.
The answer is yes. Citizens can file an objection with the NC Department of Environmental Quality. They can sue and/or ask a judge for an injunction. But lawsuits require money and time. And odor exemptions could be abused.
The other reasonable-on-its-face-questionable-in-real-life section would strip counties of their authority to adopt zoning regulations governing all types of farms. If a farm is “bona fide” — that is, generates at least 75 percent of its gross sales from farming activities and qualifies for a conservation agreement — then it is exempt from local zoning regulations.
Jackson said the 2007 permanent moratorium on the construction of new hog farms removes the need for county ordinances governing them.
“We’re trying to clean up our boots,” Jackson said.
Existing farms are grandfathered under the moratorium, although they can’t expand. Farms with advanced waste systems can be built, but none have been, so far. But if such a modern farm were to be constructed, a county could not use its zoning power to restrict its location.
And finally, it might seem silly that lawmakers have to define the term “farm,” but indeed they do. Many rural Orange County residents oppose the Barn of Chapel Hill, aka “the Party Barn,” which hosts weddings, because of concerns over noise, bright lights and drunken driving.
The Barn is on 22 bucolic acres near White Cross. But two beehives and a smattering of flowers do not a farm make. There must be official government paperwork. There must be evidence that you’re legit. Only then can there be noise, bright lights and drunken driving.
The bill passed the Senate Ag committee. It now heads to Finance and Judiciary.
Next: HB 56 and HB 576, environmental laws and the leachate bill.