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Livestock Friendly County Designation Statutes

Initiated
August, 2003

Administration:   The Nebraska Department of Agriculture is assigned duties pursuant to section 54-2802. The Department's Ag Promotion and Development Division administers this statute, and is located at the State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. Telephone: (402) 471-4876.

Adoption:   These statutes were adopted during the 2003 session of the Nebraska Legislature.

Rules:   A regulation has been promulgated under these statutes, known as Title 29, Chapter 2, Nebraska Administrative Code - Livestock Friendly County Regulations.

54-2801   Legislative findings.
54-2802   Director of Agriculture; duties; designation of livestock friendly county; process; county board; powers.

54-2801. Legislative findings.   The Legislature finds that livestock production has traditionally served a significant role in the economic vitality of rural areas of the state and in the state's overall economy and that the growth and vitality of the state's livestock sector are critical to the continued prosperity of the state and its citizens. The Legislature further finds that trends in livestock production suggest a need to identify and address factors that affect the viability and expansion of livestock production. Those factors include the impact of livestock production on the state's economy and its communities, all applicable regulatory agencies, and the latest technology available to enhance the livestock industry. It is the intent of the Legislature to seek reasonable means to nurture and support the livestock sector of this state.

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54-2802. Director of Agriculture; duties; designation of livestock friendly county; process; county board; powers.

(1) The Director of Agriculture shall establish a process, including criteria and standards, to recognize and assist efforts of counties to maintain or expand their livestock sector. A county that meets the criteria may apply to the director to be designated a livestock friendly county. A county may remove itself from the process at any time. Such criteria and standards may include, but are not limited to, the following factors: Consideration of the diversity of activities currently underway or being initiated by counties; a formal expression of interest by a county board, by a duly enacted resolution following a public hearing, in developing the livestock production and processing sectors of such county's economy; an assurance that such county intends to work with all other governmental jurisdictions within its boundaries in implementing livestock development within the county; flexible and individual treatment allowing each county to design its own development program according to its own timetable; and a commitment to compliance with the Livestock Waste Management Act.

(2) The designation of any county or counties as a livestock friendly county shall not be an indication nor shall it suggest that any county that does not seek or obtain such a designation is not friendly to livestock production.

(3) In order to assist any county with information and technology, the Department of Agriculture shall establish a resource data base to provide, upon written request of the county zoning authority or county board, information sources that may be useful to the county in evaluating and crafting livestock facility conditional use permits that meet the objectives of the county and the livestock producer applicant.

(4) The Department of Agriculture shall adopt and promulgate rules and regulations to carry out this section.

(5) Nothing in this section shall prohibit or prevent any county board from adopting a resolution that designates the county a livestock friendly county.

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