Livestock operation rules put on hold

? New regulations on mega-hog farms and other confined feeding operations in Norton County were put on hold by a judge until the court can decide whether county commissioners can legally impose stricter rules than those set by the state.

Judge Michael Barbara also set a Sept. 30 court date in Wichita to hear arguments in the case.

Commissioners said earlier this week the parties had agreed that the county’s regulations governing confined animal feeding operations would not be enforced until the court ruled on a lawsuit filed by critics of the rules.

However, expansion of existing operations above the permitted number will not be allowed during that time.

If the court upholds the county’s new regulations, compliance then would be mandated.

Commissioners said operators should understand the stay does not excuse anyone from compliance with the regulations if they are upheld. Any construction done while the stay is in effect that does not meet the new standards may have to be redone, they said.

At issue is whether Norton County has legal authority to enforce the regulations adopted in February.

The lawsuit, filed in June by the Kansas Livestock Assn. and three Norton County producers, asked that the new confined animal feeding regulations be declared null and void.

Norton County Atty. Doug Sebelius said then that the commissioners believed they had ample home rule authority to enact local legislation and expected producers to apply for operating permits by Aug. 15.

The plaintiffs are John David, Lenora; Joe L. Dawson, Norcatur; Robert and Shirley Sproul, Almena; and the KLA.

They claim that 1998 legislation provides that counties cannot make changes in the statutory provisions governing confined feeding operations.