Agenda - Planning Commission - 10/07/1997

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. - Page 8 - September 10, 1997 Z.B. Agricultural Use - Township tries to regulate hog farming lagoons and buildings Premium Standard Farms Inc. v. Lincoln Township of Putnam County, 946 S. W2d 234 (Missouri) 1997 Premium Standard Farms Inc., a hog farming business, bought more than 3,000 acres of farm land in Lincoln Township, Mo. Premium built hog barns and hog waste lagoons on 12 separate sites on the land. Hog manure fell through the floors of the hog barns (made of slatted concrete) and into a holding area; water regularly flushed the waste into an adjacent lagoon. The lagoons stored and broke down the hog waste. The township adopted a zoning plan that zoned Premium's land as agricultural. The regulations imposed minimum setback and bonding requirements for the lagoon systems and setback requirements for the livestock buildings. The township's code enforcement officer wrote to Premium about the regulations and later inspected the property. The lagoons violated the zoning setback requirements. State law gave townships the general authority to set aside land for agricultural use, but specifically said a township's zoning powers did not include regulating "farm buildings" or "farm structures." State law defined "farming" as including livestock and livestock products. State courts defined a "structure" as any construction. Nothing in the law specifically gave townships authority to impose bonding requirements on farm structures or buildings. Premium sued to stop the township from enforcing its zoning regulations. Premium argued the township could not regulate the finishing buildings and sewage lagoons because they were farm structures. The township countersued, asking the court to allow it to enforce its regulations against Premium. According to the township, it had a general power to regulate agricultural land. It argued Premium's operation was agriculture, not farming. The court awarded Premium judgment and dismissed the township's counterclaim. The township appealed, claiming the court did not have authority to decide the case because Premium never appealed to the township's board of zoning adjustment before going to court. DECISION: Affirmed. Premium could challenge the township's action without first exhausting its administrative remedies because it was raising a purely legal issue; no facts were in dispute. The township's actions, imposing setback and bonding requirements on Premium's sewage lagoons and setbacks on its buildings exceeded the township's statutory zoning powers. The livestock sewage lagoons and the livestock finishing buildings were farm structures. While state law gave the township certain general powers to set aside land for agriculture, it did not authorize townships to regulate agricul- tural uses. The statute specifically prohibited the township from regulating farm structures and directly limited the state's general powers in this area. g3. '. ." :,