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Clay County holds months of hearings over proposed CAFO/AFO ordinance changes; public sharply divided

Board of County Commissioners, Clay County, South Dakota · July 28, 2026
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Summary

Across multiple public hearings in 2016, Clay County residents debated proposed amendments to CAFO/AFO and agricultural zoning, with concerns voiced about groundwater, setbacks, small‑farm impacts and economic opportunity. Commissioners asked SECOG and Planning & Zoning to refine language.

Clay County held an extended public process in 2016 on proposed amendments to its zoning ordinance addressing Concentrated Animal Feeding Operations (CAFO) and Animal Feeding Operations (AFO). The process began with a first reading and public hearing on Jan. 14 and continued through multiple special sessions, joint meetings with the Planning & Zoning Commission, a statewide site‑analysis briefing, and a public hearing on Nov. 22. Citizens and producers voiced opposing views: some urged stricter protections for wells and residential quality of life, while others argued changes were necessary to allow family farms to expand and to preserve economic opportunity for the next generation of farmers.

Commissioners and staff repeatedly revised draft language with input from SECOG (Southeast Council of Governments) and legal staff. Key issues included whether to restore the 2005 definition of Agriculture, the numeric caps for different species (notably proposed dairy numbers), reverse‑setback enforcement, conditional use permit triggers for expansions, and clarity on when a state permit or manure management plan satisfied county requirements. Travis Mockler noted public feedback that “the comments I have received mostly focus on the next generation of farmers and the difficulties they may face getting into the business.” SECOG was asked to make final editorial reviews of the draft before a second reading.