Hearing on livestock rules set for Dec. 28

• Public hearing is set for 7 a.m.

By NICOLE CARTRETTE
Staff Writer

Cattle, ducks, goats, chickens, horses and sheep are just some of the livestock operations regulated by the Columbus County Intensive Livestock Rules.

The Board of Health will hold a meeting at 7 a.m. on Dec. 28 (Friday) to hear public comments on proposed changes on how those rules affect poultry growers and producers.

A second meeting is planned for Dec. 31 at 7 a.m.

The hearing comes after the board approved changes to the existing rules in a Dec. 11 meeting that essentially made a new turkey growing operation in the Clarkton area compliant with the rules.

The new rules are based on recommendations of the N.C. Poultry Federation and would decrease the setback standards from property lines, homes, churches and other designated facilities.

Under the current rules livestock operation setbacks are based on the size of the operation. Under the new proposed rules the size of the operation would have no effect on the minimum setback.

Large chicken operations with more than 130,000 birds and large turkey operations of more than 32,500 birds have stricter setback requirements under the current rules.

The proposal is to drop setbacks from occupied residences and commercial businesses from 2,500 feet to 500 feet.

Setbacks to adjacent property lines that call for 500 to 2,500 feet distances from occupied residences would be decreased to 500 feet across the board. An exception would remain for owners who live near their livestock operation.

New rules proposed would change a 100-foot minimum setback from property lines to 50 feet.

The changes would also cut the footage from schools and churches by more than half. Poultry houses, which are now required to be at least 2,500 feet from schools and churches, could be permitted if at least 1,200 feet separates the barn from any public school, church or accredited private school.

Poultry houses and lagoons are required to be at least 2,500 feet from rivers, perennial streams, and government water supplies under the current guidelines. The new proposal calls for only a 100-foot setback for waste treatment and stockpiled dry litter from perennial waters.

Current rules allow adjacent property owners to sign a waiver to allow the permitting of poultry houses or livestock operations that do not fall within the guidelines of the health rules.

The proposed rules specify that a variance may be granted according to section 12 of the county livestock rules. That section refers to N.C. General Statutes 130A-24.

The law describes the appeal process and notes a person has 30 days to file such an appeal with the local health department.

The board of health has 15 days to hold a hearing on such an appeal. At that hearing a decision may be modified, affirmed or reversed.

An individual may also appeal the decision to the Administrative Office of Hearings. The individual also has the right to appeal within 30 days to the courts.

The upcoming hearing follows months of meetings leading up to a rule change that resulted in permits being issued to Michael Wilson of W &W Farms located on Jimsie Hester Road.

Records show board members George Floyd, James Prevatte and Anthony Terrance were not present at a Dec. 10 meeting where the board first voted on changing the setback rules. The next morning the board had a second reading of the changes with members C. Lacy Tate, Jr., Earl Fowler, James Prevatte, Franklin Boone, George Floyd, Twyla Hodges, Clyde Burns, Peggy Blackmon and Darryl Diefes present.

The changes were adopted at that meeting with 7 to 1 vote of the board. Prevatte was opposed.

Records obtained from the county building inspections department and health department show that electrical, building, and operational permits were issued on the same day the board took its final vote.

Diefes has said the board was unaware it was violating any law, and that the health rules under the old policy were not based on science.

A complaint arose when an adjacent property owner, Dinah Elkins, was told the turkey houses were built before a permit was sought and that the houses were closer than the rules allow to the adjacent property line.