Source: NC PORK COUNCIL, 7/3/17

The new state budget goes into effect on July 1 and includes a provision that provides funding for the voluntary lagoon buyout program for operations located in the 100-year floodplain. The money will come from the N.C. Department of Agriculture and Consumer Services.

The NC Swine Floodplain Buyout was created in November 1999 in the wake of devastation from Hurricanes Dennis, Floyd and Irene. Under the program, the state invested more than $18 million to successfully buy out 43 swine operations in the 100-year floodplain. Inundation mapping done by NCDA&CS indicates that 32 of those 43 operations would likely have been flooded in Hurricane Matthew.

Given the success of the program, the NCPC board of directors passed a resolution at their last board meeting supporting a restart of the initiative. As a result of that directive, NCPC lobbyists worked with NCDA&CS and state lawmakers to secure funding. The NCDA&CS Division of Soil and Water Conservation has also applied for federal grant money to help fund the program.

2017 Farm Act
The NC Farm Act of 2017 passed both chambers in the General Assembly this week and is on the way to Gov. Cooper's desk. There are two sections in the bill directly related to swine.

The bill, sponsored by Sen. Brent Jackson and championed in the House by Rep. Jimmy Dixon, repeals a 20-year-old zoning law that has allowed counties to adopt their own zoning regulations for hog farms that are 600,000 pounds steady state live weight or larger.

There is only one known instance of a county using this zoning statute. Several years ago, a farmer sought to renovate hog barns on his farm to house the same number of animals in the same footprint as the previous structures. But, even though there was a state law specifically governing the rebuilding of swine houses, the county cited their powers under this zoning law to require the farmer to hire an attorney ($6,000), a land appraiser ($1,500) and an engineer to approve the new plans ($1,500). He was also required to hold a public hearing about his renovations (that no one attended).

This was an obvious misuse of authority by the county and it provided for a great example for why this zoning law should be repealed. Additionally, over the last 20 years since the zoning authority was originally granted to counties, many other laws and regulations for swine farming have been established making such a zoning provision obscure and unnecessary.

While this law does not do anything to help the farmer who brought this situation to NCPC's attention, it will surely help others moving forward.

The Farm Act also included a provision to make clear that the closure of hog lagoons may be done by a Certified Technical Specialist without the need for a Professional Engineer - unless the closure requires the design or installation of a spillway.
NCPC pursued this change in the law because even though lagoon closures have been routinely handled by Technical Specialists, a proposed new Soil and Water Conservation Commission rule now out for public comment would require the use of a Professional Engineer for future lagoon closures -- a requirement that is unnecessary and would increase the cost of closure for the farmer.