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Berlin, Ocean Pines News Worcester County Bayside Gazette Logo Berlin, Ocean Pines News Worcester County Bayside Gazette

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Worcester has more CAFOs, fewer problems

(July 21, 2016) Despite having nearly the same number of “Concentrated Animal Feeding Operations” as Wicomico, and far more than in Somerset, public outcry about these farms’ impact on the environment and neighboring properties has been limited in Worcester County, and it’s no accident.
CAFOs, as they are known, are essentially the same as other animal feeding operations, such as chicken houses, except they have more animals per square foot to reduce costs. The upside of these is cheaper chicken at the grocery store, while the downside includes possible negative effects on air quality, groundwater and property values, depending on how waste is handled, the size of the operation and its proximity to other properties.
That’s where Worcester’s zoning laws come in.
County zoning restricts farming operations to the zones specifically designated for that purpose, as well as the Enterprise zones (E1) and a “resource planning district” (RP) by special exception.
The E-1 zone is expected to be eliminated during the next review of the comprehensive plan, which also will review all the farming zoning districts.
Mark Shaffer, director of communications for the Maryland Department of the Environment, said Worcester has 108 issued permits for CAFOs, while Wicomico has 111 and Somerset has 83.
Why there is less squawking about these factory feeding operations in Worcester is because “Our zoning code regulates any farm as an agricultural structure: feed lots, hog houses etc. — they’re not distinguished,” said Ed Tudor, county director of development review and permitting, said.
In addition, special setbacks are required for poultry operations.
Within the two agricultural districts (A-1, A-2), placement of a chicken house requires no less than a five-acre piece of property. The front yard setback must be 35 feet, and both side and rear yard setbacks must be at least 20 feet. Going farther up the zoning hierarchy, even greater setbacks are required.
The E-1 district has increased side and rear yard setback requirements. The setbacks have helped Worcester experience fewer problems than its neighbors, and now it is preparing to go farther.
The county has been working on a proposal to increase the regulations on CAFOs in the county, as officials consider a zoning amendment by offered by resident Harold Scrimgeour earlier this year.
Tudor said the proposed amendment radically changes how the county regulates poultry houses.
In order to review the proposed changes, Tudor presented the county’s planning commission with a summary of the changes and the document was approved by Scrimgeour.
The new regulations, according to Tudor’s summary, would first require five acres per proposed house for new or expanding operations, with an exception for replacement houses. Next, it would make a distinction between existing poultry houses and new construction, allowing replacement houses to adhere to the standards in place when the original building was built.
New or replacement houses can decrease required setbacks by 100 feet should the operator install a vegetative buffer, at a two-to-one ratio. Setbacks on new operations could also be based on the relative size of the poultry house, the smallest of which is 300 feet from the property line, or 500 feet from an existing residence in a non-participating property. For a participating property, the setbacks would be 50 feet from the line and 200 feet from an existing residential structure.
Also, non-participating properties would need 1,000 feet from tunnel exhaust fans and 200 feet from a public road to conform to the proposed requirements.
Tudor said the planning commission convened a work group to study the issue. It is being run by Brooks Clayville, a farmer (though not of chickens) and a former planning commissioner member. Also on this panel are farmer and former county commissioner Virgil Shockley and Alan Hudson, president of the Worcester County Farm Bureau.
“We need to be proactive before we become Wicomico or Somerset. I don’t want this to be a fight, we should just be prepared,” Hudson said.
The situation in Somerset and Wicomico became front page news earlier this year, when 13 “mega chicken houses” were proposed for property just outside of Salisbury, according to the Salisbury Independent. Neighboring property owners objected strenuously, while others contended that the county’s agricultural industry needed to be preserved, rather than discouraged.
Shockley agrees the merits should be weighed.
“The key to the whole thing is zoning, and we basically closed the door on that a long, long time ago,” he said. “The companies are looking at this as the last great building boom — the reason being the push for more regulations.”
The idea is, Shockley explained, that organizations or individual farmers are attempting to make improvements to their operations ahead of any additions to the code.
“Companies are selling chicken like there’s no tomorrow,” Shockley said, and added that corn prices are low, and the recent heat wave may have affected pollination leading to lower yield here on the lower shore.
“We’ve got cheap corn, huge demand and 25 percent of the population of the United States within a 12-hour drive. Talk about a market,” Shockley said. “Interest rates are fantastic. The cheaper the down payment, the more that’s going to be built.”
Tudor said it would likely take several months before a decision is reached on whether to pursue increased regulations on CAFOs in the county.