Warrick County BZA approves 10-year window to seek state permit, three years to build for egg‑production special use

The Warrick County Board of Zoning Appeals on its June agenda approved a time-limited extension for a previously approved confined feeding operation (CAFO) and egg-production facility, giving the applicant a 10-year period to apply for the Indiana Department of Environmental Management (IDEM) permit and three years after state approval to complete phase one.

Attorney Chris Wisher, representing Paradise Island Properties LLC and related operator Prime Foods, told the board the property had earlier received a special-use approval in 2016 and subsequent extensions, and that the 2016 findings of fact “remain true and valid” (as presented by counsel). Wisher asked that the local time limit be tied to IDEM approval so the land-use approval would be preserved while state permitting proceeded.

Neighbors and board members raised questions about how long the company should have to begin state permitting and build, citing continuing uncertainty about cage‑free rules in other states and international bird‑flu concerns. Resident Kathy Collins, who identified herself as living on Kelly Road, said the matter had “been going through this for 10 years” and urged the board to require the project be done right.

Board members discussed multiple options, including fixed five-, 10- and 15-year windows and a hybrid that would require filing for the state permit within a set time and then allow three years for construction. The motion the board adopted—moved by Mr. Valiant and seconded by Mr. Goldenberg—approved the findings of fact and set a 10-year period to apply for the state CAFO/IDEM permit, followed by a three-year completion period for phase one after state approval. The motion carried on a voice vote with all members recorded as “Aye.”

During the hearing counsel and the applicant described the site and prior approvals: the special use covered a roughly 600‑acre area on the earlier site plan, the full land ownership is larger, and previously approved conditions included planting evergreen buffers and adhering to United Egg Producers standards. Counsel and the applicant said some infrastructure improvements and a pole barn are already on the land and that Prime Foods had made investments at its Boonville facility as well.

Board members asked for clarity about what would preserve the special use during a long application window. Staff said beginning the local permitting and constructing at least part of phase one would constitute establishment of the use; the agreed motion ties the local timeline to the applicant’s action on state permitting and to a three‑year local completion term once the state approves the CAFO permit.

The board and applicant acknowledged remaining uncertainties: counsel said IDEM approval would be administrative if state standards were met, and the board reiterated it did not want to abdicate its land‑use authority to an outside agency without a clear local trigger. The motion preserves local conditions from the original approvals and requires applicants to meet the county’s conditions when moving forward.

Next steps: the extension is approved as described; any change to the approved site plan, or a different owner/operator, could require the applicant to return to the BZA for revision or renewal of conditions.