Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Municipal Regulation topic
No spam. Unsubscribe anytime.
Committee advances bill clarifying municipal authority over agriculture, including swine-waste rules
Summary
House Bill 941 (draft 4.1) was reported out of committee after members approved language moving some required-agricultural-practices provisions into statute, clarifying land-base/nutrient-management criteria, excluding cannabis from the municipal-exemption clause, and adding a 30-day notice/opportunity-to-cure for municipal performance standards addressing swine waste.
A legislative committee voted April 29, 2026, to report House Bill 941 (draft 4.1) out of committee. The bill clarifies how municipalities may regulate certain farming activities and moves several clarifying provisions into statute that had previously been in agency rule.
Committee discussion focused on two interrelated changes: (1) placing specified required-agricultural-practice provisions into statute so they cannot be altered by rule, and (2) defining acreage and land-base thresholds that determine whether farming operations are subject to municipal zoning. The draft specifies that operations on at least one continuous acre and less than four continuous acres must demonstrate a sufficient land base for appropriate nutrient-waste management as determined by the Secretary of Agriculture to qualify for certain statutory exemptions.
The bill also clarifies municipal authority over swine waste in downtowns or village centers. As drafted, municipalities may set reasonable performance standards for swine waste if the waste is causing a "significant adverse impact" and the Secretary of Agriculture is unable to provide redress; the provision adds that municipalities must provide at least 30 days' notice and an opportunity to cure before enforcing a performance standard. A "notwithstanding" clause in the draft makes clear that, for the purposes of this section, "swine waste" includes animal manure and absorbent bedding.
The draft explicitly excludes cannabis cultivation from this particular municipal-exemption clause so that cannabis remains subject to other statutory regimes.
Committee members and staff described the move of key language into statute as a "suspenders" approach intended to provide clarity for courts and communities about legislative intent. Members asked staff clarifying questions and discussed alternate effective dates; the draft includes an effective date of July 1, 2026, though members said the committee could consider making the bill effective on passage.
The committee recorded a roll call and reported H941 out of committee with a unanimous recorded vote of 5-0 among named voters (Senator Calhart, Senator Hefman, Senator Major, Senator Pit and Senator Engles). The chair reported the motion passed and the bill would be reported to the next stage.
What happens next: staff will circulate a clean copy of the draft and the sponsor expects to report the bill to the floor for further consideration.
