Larry R. Vest & Dan L. Cunningham, Department of Poultry Science
The University of Georgia College of Agricultural & Environmental Sciences
Purpose of Zoning
How to Start Preparing the Ordinance
Common Concerns Regarding Poultry Operations
Nuisances
Right to Farm Laws
What Is Commercial Poultry?
Structure and Operation of Poultry Enterprises
A Word to the Committee
Putting the Ordinance into Effect
Resource Persons and Materials
Summary
The purpose of this publication is to help those responsible for the preparation and administration of zoning ordinances make wise decisions regarding regulations of poultry production facilities. Since any ordinance written for poultry will likely affect other livestock operations, developmental boards should consider the potential impact on all segments of agriculture. Zoning issues are seldom easy, but many resources are available to aid county officials in their deliberations and discussions. Resources and approaches dealing with these issues are outlined and discussed in the following sections.
Commercial poultry production is a major component of the agricultural business of Georgia. There are more than 10,000 poultry production houses located on some 3,500 farms across the state. These farms generate gross revenues exceeding 2 billion dollars annually and represent close to 40 percent of the state's total agricultural revenues. It is estimated that the total economic impact of the poultry industry in Georgia is close to 10 billion dollars annually.
Poultry production in Georgia and other southeastern states has increased significantly over the years as consumer demand for poultry products has increased. For example, in 1960 Georgia produced approximately 300 million broilers; however, in 1995 the state produced more than 1 billion broilers. Expectations are that consumer demands for poultry products will continue, increasing growth and expansion for Georgia. In addition, rapidly-increasing export markets provide even stronger growth incentives for U.S. and Georgia companies.
As the poultry industry continues to grow and prosper, more Georgia farmers are considering the economic benefits of investing in production facilities. At the same time, non-farm dwellers are moving into traditionally agricultural communities at ever increasing rates and pressuring local and state governments to exert control over farming operations. Because of the size and visibility of the poultry industry, some citizens have expressed particular concern about the perceived impacts of this farming activity on their way of life.
Citizens with non-farm experiences often have little knowledge of agricultural practices, and more importantly, often have misconceptions about the methods used by farmers. They sometimes have the perception that farming is environmentally "unfriendly" and that agriculture will ruin the "peace and serenity" of a country home of which they are entitled. They are not accustomed to the noises, odors, dusts and other factors which are a normal part of many farming activities. They want farming operations regulated so they do not interfere with their expectations of "country living."
Farmers, on the other hand, believe they have the right to make a living and be profitable in their business without interference as long as they are practicing accepted management programs. They feel they should not be prevented from expanding their operations or required to make unnecessary changes in their production methods to remain in business. They believe their neighbors should be willing to accept and live with farming practices that are considered typical and accepted as part of modern agriculture.
As a result of these differing points of view, some counties in Georgia have adopted zoning ordinances in an attempt to minimize conflicts. Other counties are in the process of searching for ways to deal with these conflicts in an orderly and fair process. Zoning ordinances that are prudently considered and constructed can help reduce conflicts and provide for long-term growth and viability of a community. Well conceived and constructed ordinances can be beneficial to both farmers and non-farm citizens of the community. The key words here are prudent consideration and proper construction of zoning ordinances.
The use of property, including development of land for new uses, has traditionally been a key element in our economic system as well as being guaranteed by the U.S. Constitution. Many people oppose land use controls and see them as an intrusion of owners' abilities to use their property as they see fit.
Supporters of land use controls argue that if they work as designed, (1) all property owners benefit from the orderly development of property, (2) property values are protected, and (3) land use conflicts such as nuisance disputes are reduced.
No doubt the future will bring increased reliance on land use controls as local governments act to protect property values, create desirable communities and preserve natural resources. Although state law may authorize passage of local land use laws, state government is not usually directly involved in land use controls.
In 1989, the Georgia legislature passed the Georgia Planning Act which required each city or local governing body to develop a comprehensive land use plan prior to September 30, 1995. The comprehensive land use plan and map are the basic building blocks in the development of a zoning ordinance. The purpose of the 1989 Act was to ensure that land resources are allocated for uses that will accommodate and enhance the state's economic development, natural and historic resources, community facilities and housing, as well as protect and improve the quality of life of Georgia residents.
To provide local governments with guidelines to use in preparing their comprehensive plans, the Act called upon the Georgia Department of Community Affairs and Natural Resources to develop a set of minimum requirements to be met in each local plan. These minimum requirements are known as the "Minimum Planning Standards."
The development of the comprehensive plan is the responsibility of the appropriate local planning body and the local legislature body. This could be the city or town planning commission, the area planning commission, the county planning commission, or representatives of each if more than one exists. In unincorporated areas, the final plan must be approved by the county commissioners.
Responsibility for preparing a zoning ordinance to regulate poultry and/or other livestock facilities will reside with the planning agency having jurisdiction, such as the county, area, or metropolitan planning commission. The planning commission may want to appoint an advisory committee to formulate an appropriate ordinance. This approach provides for in-depth and detailed evaluation of important facts and issues relevant to the proposed ordinance and can facilitate an orderly and informal process.
Proper membership balance on the Advisory Committee is a critical key to drafting or updating a fair, workable and progressive ordinance. Producers representing each type of livestock and poultry enterprise that will be affected should be adequately represented on the committee. Rural and urban non-farm people should be represented on the committee as well. When all "sides" of a zoning issue are represented, the committee will more likely produce an ordinance that will be accepted by most of the people in the county. A workable size committee should consist of 5 to 11 members.
Specialists and/or consultants familiar with both modern agriculture, zoning procedures and the legal aspects of zoning should be appointed to assist the committee. These individuals can advise the committee on factual details and scientifically sound information regarding the industries involved. It is not unusual for issues of this nature to be emotionally charged, and it is imperative that zoning authorities deal with facts rather than fiction. It is the only way that a workable and legally sound ordinance can be formulated.
There are four basic aspects of poultry operations, that typically produce concerns from citizens in the community. These are (1) setbacks -- location of poultry operations in relation to other buildings, roads and streams; ( 2) water pollution; (3) management of the facilities -- handling of manure, bird mortalities, odor, noise, dust, flies, rodents, etc.; and (4) conditions as they relate to the aesthetics of the countryside. All of these concerns need to be considered from the viewpoints of both producers and non-producers and addressed in the zoning ordinances.
Nuisance complaints can often be avoided by simply locating poultry facilities away from and out of sight of neighbors whenever possible. For this reason, the setback portion or location regulations may be the most important part of the zoning ordinance. As an example, some counties have adopted 200 foot setbacks as a minimum distance from property lines and 500 foot minimums from adjacent residences. Setback distances, however, should vary from county to county based on population density, type of agricultural enterprises, etc. Regardless of the distances accepted, poultry operations should be protected with reciprocal distance regulations. It is just as important to prevent the resident (non-agricultural) from encroaching on existing, approved, and projected expansion of poultry operations. Exceptions to these regulations may be obtained by requesting a variance from the board of zoning appeals. Under these circumstances, it may be advisable to have the party receiving the variance to sign and record the conditions agreed upon as a covenant. Thus, the covenant would be available for future consideration. Exemptions (grandfather clauses) should be considered for pre-existing facilities. Any ordinance failing to exempt pre-existing facilities may be subject to legal challenge.
Setback requirement can have a substantial effect on the land required to build a poultry house.
Table 1 demonstrates the amount of land required for a land plot that is perfectly square.
However, plots of land are often irregular and the topography of the land and property boundaries
will often ensure that larger acreage is needed to locate poultry houses. Most farmers are
required to build two or more poultry houses as a unit; thus, setback distances that are too
restrictive will essentially stop construction.
| Width | Length | |
| 200' setback | 200' setback | |
| 200' setback | 200' setback | |
| 40' house width | 500' house length | |
| 440' width | 900' length | |
| 396,000 divided by 43,560 = 9.09 acres needed for one 40' x 500' poultry house with a 200' setback. | ||
In Georgia it is difficult to separate the issue of water quality from the issue of the environment. North Georgia is the area of the state most under the microscope when it comes to environmental issues. Not only are the region's lakes and rivers major water sources, they are major recreational outlets as well. The lands in North Georgia are environmentally sensitive due to the rolling topography of the area which creates problems of erosion and runoff of wastes and sediment.
Efforts to ensure water quality involve everyone, not just those in agriculture. Soil erosion contributes greatly to water pollution. Commercial and residential development have guidelines and restrictions that are subject to penalties. Agriculture follows voluntary guidelines for erosion and sedimentation practices. Water wells can become contaminated by livestock waste, pesticides, fertilizers, fuel storage tanks, septic tanks, etc.
Best management practices have been developed for poultry producers. Some of these are listed as follows:
The vast majority of poultry farms are well managed using state of the art technology and scientifically proven methods. This is necessary if a farmer is to be successful in this very competitive business. For the relative few exceptions, poor management on a poultry operation or any agriculture enterprise cannot be corrected or prevented with a zoning ordinance. Regulations needed to correct or prevent poor management would be too restrictive and unfair to the good operator. Poor management can usually be improved if the farmer is willing to change and can afford to change. Support from his neighbors and technical assistance from the integrator and/or educational agencies (example: Cooperative Extension Service) can go a long way toward improving the situation. Citizens, however, still have recourse against poor management through legal channels (nuisance suites) where producers are not adhering to best management practices.
A perfectly beautiful, prosperous countryside is everyone's dream, but remember it is just that -- a dream. Land in rural Georgia is shared by both farmers and non-farmers and is the responsibility of everyone. Regulations for aesthetic purposes should not and cannot legally be included in an ordinance.
"Nuisances" fall into three categories: property, health, and public-private nuisances. Property nuisances are conditions that affect property owners so as to create damage or property devaluation. Health nuisances are conditions such as fly and mosquito breeding, rat infestation, and surface or ground water pollution which cause a hazard to the health of a person. Public-private nuisances are those affecting groups of people or individuals and can include health nuisances and/or property nuisances. Health nuisances are regulated by the county health department, and the county prosecutor or magistrate court can take action to abate unhealthy conditions. Public nuisances are also under the jurisdiction of local health agencies. Property nuisances are not covered under jurisdiction of state or local governments.
Uninformed citizens sometimes have the perception that any poultry operation automatically poses nuisance problems. This is definitely not the case. Well managed and properly located poultry farms operate daily in highly populated areas of Georgia without presenting property, health, or public nuisance conflicts to neighbors. In addition to being good neighbors, these farms make substantial contributions to the economy of their communities.
Many states, including Georgia, have "Right to Farm Laws." It is suggested that a statement relating to "Right to Farm" be included in the ordinance. The following statement might be used. "A farm or farming operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices."
While "Right to Farm" laws are helpful, they only protect farmers from some nuisance suits. Covenants may provide additional protection.
The term "commercial poultry" in Georgia generally refers to the broiler, turkey, or table egg production businesses. This term also includes farming activities related to the production of pullets and the maintenance of breeders for the production of hatching eggs to support these enterprises. Although other poultry (ducks, geese, guineas, etc.) are grown in Georgia, they are generally produced in smaller flocks and are not referred to in terms of commercial poultry.
The production of poultry meat is the largest component of the poultry industry in Georgia. This segment of our economy continues to show steady growth and also represents the area of poultry production in which most of the new housing is being built. A commercial broiler house will typically measure some 20,000 square feet in area and will produce more than 100,000 broilers a year. The cost of a broiler facility of this type currently exceeds $100,000. Most farms will have a minimum of two houses, but many will have four or more. Thus, today's broiler producer has a sizable investment in buildings and equipment that can easily exceed a half million dollars.
Production of broilers is tied to contractual arrangements with large integrated companies. A typical broiler production house will generate in excess of $25,000 in gross income annually. Cash expenditures for utilities, maintenance, property taxes and payments to retire the mortgage on a single broiler house can exceed $20,000 annually. Once a house is built, the productive life of that facility may be 30 years or more. The poultry farmer has, therefore, made a major long-term commitment of time and resources to his farm and to his community. Broiler breeder and breeder pullet production operations require similar types of investments by farmers and are also important parts of an integrated production complex.
This segment of the poultry industry involves the production of eggs intended for consumption. Expansion for this type of production in Georgia has been minimal in recent years. Nevertheless, a typical cage layer facility will generally house 90,000 or more hens and will cost in excess of a half million dollars to build. These operations may or may not be tied to contractual arrangement. Cash expenditures for production facilities of this type operation will easily exceed $100,000 annually.
Production of turkeys on a commercial scale in Georgia involves only a few counties and totals only about 1.5 million head produced annually. The Georgia turkey industry has been declining in recent years due to the lack of a processing plant and the presence of an integrated operator in the state. No new facilities have been built in years, and it is not expected that any such facilities are likely under the current circumstances. Existing operations, however, use a combination of confinement and range rearing facilities to produce birds for processing and marketing in South Carolina.
The poultry industry is a highly competitive business that requires size and production efficiencies to stay in business. The trend is for poultry integrators and farms to become larger to remain competitive. This fact is not unique to poultry farming, but is the trend that most segments of agriculture face. This fact must be recognized when constructing zoning ordinances whether they are relative to commercial poultry production operations or to other types of agricultural production.
Most poultry production businesses are integrated in structure. This means that the key components of production and marketing are controlled by a single company. For example, an integrated broiler complex will typically own hatcheries, feed mills, processing plants and transportation equipment all in close proximity to the contract farms. This arrangement provides for maximum efficiencies of scale and operation and increases the probability of being successful. A broiler company may easily have over $60 million invested in plants and equipment. In addition, about 400 to 500 poultry houses are required to produce the hatching eggs and young broilers necessary to support the complex operation. All in all, an integrated poultry complex may represent over a $100 million investment in the community and may provide more than $35 million annually in taxes and employee salaries to the local economy.
Given the nature of the poultry business, the substantial investments by integrators and farmers, and the economic contributions of this business to a local economy, it is important that zoning authorities act wisely with regard to any actions that may have an impact on this business and their communities.
Any ordinance has the potential to significantly affect how people live so give careful consideration to the consequences of the ordinance. Will these restrictions on the freedoms of some truly serve a compelling need of the community? In other words, are all of those restrictions you are about to put in the ordinance really necessary?
As you prepare the ordinance, continue to keep the following in mind.
Once the proposed ordinance has been written, it is submitted to the planning commission for review. The commission members may make changes in the ordinance. If they wish to proceed, a public hearing is held for the proposed ordinance.
As a result of the hearing, the planning commission may make further changes in the proposed ordinance. If the changes are major, another public hearing usually is held. If there are no changes or if the changes are minor, the ordinance is sent to the appropriate legislative body, e.g. county commissioners.
The commissioners may accept or reject the ordinance. If accepted, they may or may not make revisions. If any revisions are made another public hearing is held, after which the ordinance is either adopted or rejected.
If the ordinance is adopted, it becomes law, either as part of a zoning ordinance currently on the books, or as a separate ordinance.
To function effectively, the advisory committee should have access to information on planning and zoning as well as laws that could impact the zoning ordinances. The following materials should be helpful:
Properly constructed and implemented zoning ordinances can be beneficial to all citizens of a community. For most of the communities of Georgia, agriculture is a key component of the economy. Therefore, it is incumbent upon local administrators to ensure fair and prudent regulations that will allow farmers to continue to be successful in their business and allow for good neighbor relationships.
The University of Georgia and Ft. Valley State College, the U.S. Department of Agriculture and counties of the state cooperating. The Cooperative Extension Service offers educational programs, assistance and materials to all people without regard to race, color, national origin, age, sex or disability.
An Equal Opportunity/Affirmative Action Organization Committed to a Diverse Work Force
Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, The University of Georgia College of Agricultural and Environmental Sciences and the U.S. Department of Agriculture cooperating.
Gale A. Buchanan, Dean and Director
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