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Bill opens farms to skeet shooting, aids hog lagoon changes, hides records from public

Wide-ranging bill again pits hog industry versus environmentalists, farmers against neighbors.

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Hog farm generic, hog waste lagoon
By
Travis Fain
, WRAL statehouse reporter
RALEIGH, N.C. — The state's annual farm bill would let more farmers across the state open rifle ranges, skeet shooting and other sports shooting operations on their farms, blocking local governments from stopping them.

The measure raised alarms Thursday from neighbors worried noise and bullets will spill onto their land.

The wide-ranging farm bill also provides the next battle in an ongoing fight between hog farmers and environmentalists who disagree, widely, over just what key sections of the legislation would do.

For some the bill skeet shooting language recalls a long-running court case in Harnett County, where neighbors complained about a hunting preserve that avoided the usual permitting process by arguing that clay shooting and a dozen other shooting activities fell under the state's definition of "agritourism," exempting them from county zoning rules.

The bill would add hunting, fishing and shooting sports to that definition.

The Senate committee considering the bill Thursday heard from several people worried about the change, including a woman who said she bought her home because of horse riding trails she can't use anymore. She said her horses are afraid of the the gunfire from a neighboring farm that became a commercial shooting range.

The committee did not vote on the bill Thursday, and sponsoring Sen. Brent Jackson, R-Sampson, said the measure will probably morph before it's final. Among other things, Jackson said his intent is to allow skeet and clay shooting but not rifle ranges.

The plan is to vote the bill through committee next Wednesday before sending it to the Senate floor and, eventually, the House and Gov. Roy Cooper.

Hog waste lagoon rules

Senate Bill 315 has several sections affecting the hog industry, including one the North Carolina Pork Council said simply clarifies existing state law, better enabling a massive plan to cover hog waste lagoons across eastern North Carolina and collect biogas that can be burned for energy.

Attorneys for the Southern Environmental Law Center said the language is broader than that, potentially allowing farms to expand, despite a long-standing state moratorium on new or enlarged hog waste lagoons in North Carolina.

"This (language) must get them something else, or why else would they be doing it," Brooks Rainey Pearson, an SELC attorney, said after the meeting.

Pork Council spokesman Robert Brown said the state Department of Environmental Quality has issued more than 20 permits since 2011 to cover lagoons or install methane digesters to capture biogas, but some have questioned whether existing law allows these permits. He called this section of the farm bill a clarifying effort.

"To be clear: the proposal will not allow farms to expand or increase the number of animals on their farms," Brown said in an email. "It only clarifies that existing farms can make changes to waste management systems as long as permitted capacity does not increase."

There's also language in the Senate's proposed budget to delay a new set of state regulations on hog lagoons. The North Carolina Farm Bureau has appealed those rules, and the Senate budget would delay them until October 2020.

Public records exemption

The farm bill also would exempt more documents from the state's Public Records Act. The SELC, which has pushed back against the hog industry for years, said the language seems to target documents used in a series of successful lawsuits against hog industry giant Smithfield Foods.
The General Assembly has changed state law several times in recent years to stymie lawsuits from hog farm neighbors over odors and other farm issues that they say affect their property. Legislators backing those changes argue that litigation will run a multibillion-dollar industry out of the state.

Senate Bill 315 also has a section exempting biogas facilities on farms from the state's odor rules. The SELC said Thursday this language also isn't specific enough to be benign and that it would make it difficult for the state to enforce any odor rules.

Regulators would have to figure out whether odors were coming from exempt or non-exempt operations on the same farm, the SELC said.

The DEQ doesn't have a position on the bill. Its staff has suggested changes, though, that have already been incorporated into the bill.

The bill has a number of other sections, too, including language meant to:

Correction: An earlier version of this story said the farm bill's hunting/agritourism language grew out of a lawsuit in Harnett County. Jackson said Thursday evening that he wasn't aware of this case when he filed the bill.

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