CAFOs Coming to a County Near You

By Brian Carver

In rapidly growing rural communities throughout the West, the increased industrialization of agricultural operations is a flashpoint for conflict between residents and agricultural producers. Fearing an increase in nuisances such as odor, dust, and noise—and concerned with the public financial and environmental costs associated with waste management, air quality, and working conditions of laborers—residents of small communities are pushing back against the location of Concentrated Animal Feeding Operations (CAFOs) in or near populated areas.

In Utah, Millard County is at the epicenter of this fight between concerned residents and the representatives of livestock production in a globalized economy. Since 2018, the County has been a participant in lawsuits, work stop orders, citizens’ petitions, and finally State legislation revolving around how and where to locate CAFOs. 

Even though Millard is a decidedly rural County—6,828 square miles with a population of 12,975 (2020 Census)—its residents are mostly found in a few towns surrounded by large tracts of Federal lands. 78% of the County is managed by the Bureau of Land Management or other Federal agencies, with 10% more managed by the State of Utah. So much public land leaves private holdings relatively closely clustered together. This means that the available distance between CAFOs and residents may not be as great as it otherwise could be.

As a result of public pressure in the face of zoning change requests from prospective CAFO operators, the County voted to deny the rezone request for a large hog feeding operation. In a 2020 interview with the Salt Lake Tribune, County Commissioner Dean Draper said, “We have a right to clean air, clean water, and the ability to continue in the lifestyle that we have without having something intrude upon it. A CAFO in the wrong place can aggravate that.” 1

However, the hardline stance taken by communities like Millard County to keep these agricultural operations at bay has caused frustration for an industry that is also seen as an important contributor to rural economies and lifestyles. Efforts like this to restrict or out-right ban the presence of CAFOs within counties began to spring up across Utah. In an attempt to ensure that the food producing industry was not subject to a patchwork of widely differing regulations, the Utah State Legislature passed Senate Bill 130 in 2021 that prohibits counties in the state from completely banning CAFOs, and requires that each county designate by ordinance “geographic areas of sufficient size to support large concentrated animal feeding operations.” The law also delineates the criteria counties may use to determine such geographical areas, such as: distance from residential zones, health care facilities, other commercial enterprises, and educational institutions; topography and prevailing winds; and the economic benefits to the county. 2

This law went into effect in July 2021 and counties are now tasked with the analysis and public input necessary to devise a plan going forward on where to allow these controversial land uses. The conversation will continue on how to balance the economic benefits and production of food and fiber with the encroachment of other development.

CAFO’s have issues in other Western states as well. Many Western states have laws in place regulating CAFOs, but environmental, nuisance, and water-use concerns continue.  In September in Idaho, a state with around 365 CAFOs, the 9th Circuit Court struck down the EPAs water permitting citing “deficiencies in its environmental monitoring requirements.” 3 The EPA regulates CAFOs under the landmark environmental laws of the federal Clean Water Act and the Clean Air Act. CAFOs are held to the same emissions limits as other industries, however the EPA has only recently drafted strategies for measuring such emissions. 

As states and communities continue to grapple with CAFOs, planners in the west will need to continue balancing protecting health and safety through local land use regulations with protecting property rights and economic development. It’s a tightrope we’re all too accustomed to walking. 

About the Author

Brian Carver is the Community and Economic Development Director for the Bear River Association of Governments, located in Logan, Utah. Before his position in the Cache Valley, Brian worked for the State of Utah’s planning department. Brian is also currently represents Utah on the Western Planner Resources Board.

1 Stevens, Taylor. 2020. Amid hog farm controversies, petition drive and lawsuit, Utah legislator abandons bill to preempt county restrictions. Feb. 24, 2020. https://www.sltrib.com/news/politics/2020/02/24/amid-hog-farm/

2 Utah State Code Section 17-27a-1101

3 Malo, Sebastien. 2021. 9th Circuit vacates factory farms permit for Idaho. September 17, 2021 https://www.reuters.com/legal/litigation/9th-circuit-vacates-factory-farms-permit-idaho-2021-09-17/