New Laws Affect Hog Farmers

By: Lynn Stillwell Sampson County Livestock Agent Swine and Waste Management

As of July 1, 2011 the State Budget as well as several Bills were made into law. This year there were several laws made that affect hog farms.

The big one that passed was the Appropriations Act of 2011, despite the Governor vetoing it. This bill reduced our State’s budget by enforcing a reorganization of State Government Agencies. One in particular was the Division of Soil and Water Conservation (DSWC), which moved form the Department of Environmental, and Natural Resources (DENR) to the Department of Agriculture and Consumer Services (NCDA&CS). Included in the budget was a section to end DSWC role regarding Animal Waste Management Systems. Technical assistance will still be provided, but annual inspections by DWSC have been eliminated, two inspectors positions have been retained for any producers wishing to participate in voluntary inspections. The Division of Water Quality (DWQ) will now provide inspections of hog farms once a year.

The budget also restricted DENR’s rule-making authority. They are no longer allowed to adopt any rules that are more restrictive than federal law. There are few exceptions to this rule, one being if the rule is required by a court order.

Senate Bill 501 was also passed into law. This bill allows for construction or renovation of swine farms constructed prior to October 1, 1995 when the Swine Farm Siting Act was enacted. Renovations and reconstructions on these farms can only occur if they do not increase the permitted capacity of animals on the farm, or increase the capacity of the lagoon or other waste management system. No houses may be reconstructed if it results in the structure being located in the 100-year flood plain, or if the updated or reconstructed part of the structure is located any closer to buildings or property covered in the Swine Farm Siting Act. For more information you can visit the NC General Assembly’s webpage http://www.ncleg.net and read over the bills.