Senate committee hears hours of debate on model zoning, odor‑footprint tool for large animal operations

Senator Paul Thomas, sponsor of Senate Bill 2174, told the Senate Agriculture and Veterans Affairs Committee the bill updates the state's model zoning ordinance and reflects 18 months of task‑force work with county, township, agriculture and departmental representatives. "They met multiple times throughout the interim and the product that's before you is what the consensus of that committee came up with," he said.

The bill reduces some statutory setback distances for animal feeding operations (AFOs) for smaller operations, creates a graduated scale for larger operations, and authorizes political subdivisions to use a data‑driven odor footprint tool to set project‑specific setbacks. Commissioner Doug Goehring, whose office convened the task force, described the tool as the task force's biggest contribution: "The Livestock Odor Modeling Tool is currently being developed by South Dakota State University ... and when it's done we should have the tool out there and available for political subdivisions to use."

Proponents from commodity groups and local governments said the bill balances agricultural growth with local control. Julie Ellingson of the North Dakota Stockmen's Association said the measure "strikes a very delicate balance," noting political subdivisions can choose either the traditional fixed setbacks or the odor footprint approach. County and township representatives and commodity groups including the North Dakota Farm Bureau, North Dakota Corn Growers and North Dakota Soybean Growers said the model would modernize North Dakota law and align it with neighboring states while preserving local decision pathways.

Opponents raised public‑health, road‑maintenance and local control concerns. Sam Wagner of Dakota Resource Council said the task force was weighted toward industry representation and urged higher protections: "If the setbacks were increased to a minimum of two miles for operations with 15,000 animals or above, [and] a 98% odor ceiling for townships, then we could support this bill," he said. Township officers and local residents described fear of odors, traffic and groundwater impacts and urged stronger remedies for well contamination and road damage.

Department of Environmental Quality staff testified neutrally, explaining that DEQ issues water quality permits and inspects manure management systems. The department noted it requires groundwater monitoring wells and annual inspections for large facilities and that local zoning approvals are reviewed before DEQ permits are issued.

Proponents and opponents both asked the committee to consider an effective date that gives political subdivisions time to adopt the new model or continue existing ordinances; Senator Thomas suggested Aug. 1, 2026, as a starting point. Committee members asked the department for details on animal‑unit conversions and for demonstration of the odor modeling tool; the department offered to present the tool to the committee when the Nebraska/South Dakota style model is available.

No final vote occurred; the hearing closed after extensive testimony and the committee recessed to consider next steps.