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Senate committee votes to send bill standardizing 'agriculture building' definition to Senate floor
Summary
The Senate Commerce Committee voted to send House Bill 104 to the Senate floor with a due-pass recommendation after testimony saying the bill would create a single statewide definition for agricultural buildings and structures to avoid inconsistent permitting outcomes across counties.
Senate Commerce Committee members voted to send House Bill 104 to the Senate floor with a due-pass recommendation after proponents said the bill would create a single statewide definition for "agriculture buildings" to avoid inconsistent permitting across local jurisdictions.
The bill, presented by Senator Brandon Shippey, District 9, would define agriculture buildings as structures that "house or store agricultural commodities or equipment used in production agriculture," and would exclude processing facilities, human habitation and retail facilities, and structures open to the public. "There are occasions when there is a difference of opinion on what structures qualify as being agriculture buildings versus industrial or commercial," Senator Brandon Shippey said in opening remarks.
Braden Jensen, testifying on behalf of the Farm Bureau, told the committee the measure is intended to clarify the existing agriculture permit exemption rather than expand it. "This is just a definitions and clarifying this when it comes to the matter of the policy and the exemption that agriculture has when it comes to these building building permits that already exist," Jensen said. He also emphasized the bill does not apply to structures intended for human habitation such as barndominiums.
Bob Narbout, who identified himself as a government-affairs representative, told the committee some animal-housing buildings are becoming large and that adding worker amenities such as a small break room or a bathroom has led some counties to treat otherwise-agricultural structures as commercial and require additional permitting. "If you add a bathroom to that or if you add a break room... some counties determine that needs a commercial permit and not just an exempt under agriculture," Narbout said.
After testimony the committee received no additional public comment. Senator Guthrie moved and Senator Nichols seconded a motion to send House Bill 104 to the floor with a due-pass recommendation. The committee took a voice vote and the motion carried; the bill will go to the full Senate for further consideration.
The bill's supporters described it as aimed at permitting clarity for producers; opponents did not appear at the committee hearing. The committee record shows the bill was advanced to the Senate floor with a due-pass recommendation.
