TDCAA Community
Confined Animal Feeding Operations (Pig Farms)

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July 26, 2002, 10:19
Kim Allen
Confined Animal Feeding Operations (Pig Farms)
We are about to be deluged with "pig farms" in this small, rural county, and several of our residents are very upset and keep turning to me as county attorney thinking the county commissioners have some power to prohibit this. I don't think they do, but this is admittedly not my field. Have any of you faced this issue?
July 30, 2002, 08:58
mike bartley
Well I'm certainly not an expert, but I think you are correct....county government can't prohibit the raising of animals in rural areas. There are some environmental (animal waste disposal) hoops that have to be jumped, and I suppose the common law of nuisance still applies....it's been a long time since law school, I assume the common law still applies. Your problem reminds me of when we lived in rural England. Yuppie Londoners with more money than brains bought up little cottages in rural areas for weekend retreats, and then began complaining because they were awakened early on Sunday mornings by crowing chickens, mooing cows, and pealing church bells!
July 30, 2002, 10:45
wckirk
Local prosecutors are authorized to enforce many of the state environmental laws, just as the AG is. I have a current case under the Texas Clean Air Act regarding odor which will be a major byproduct of your pig farms. By the way, you will find TNRCC a toothless tiger in this field and you will need to do your own evidence collection if you undertake this.

Call if I can be of any help.

Bud Kirkendall
830 303-1922
August 04, 2002, 22:41
DeCluitt
Complaints about pig farm odor in Stratford? You mean, unlike the pleasant aroma of the already existing cattle feedlots and animal by-product operations? (Not to mention the "stank" of Oklahoma only 20 miles away?) Pah-leeeeease.