Delaware County CFO "Moratorium"

The Muncie Star Press is reporting that the Delaware County Commissioners have decided to put a "hold" on any county building permits for CFOs. This action was taken in response to a pork producer's request to build a 10,000 hog farm north of Muncie. 

Read the Muncie Star Press article here:  County Reaffirms Hog Permit Hold. 

Make no mistake, a "hold" on issuing building permits to CFOs is a CFO moratorium, effectively banning the construction of new CFO buildings and expansions. 

CFO moratoriums are highly suspect in the law and should be challenged, if given the opportunity.  In our opinion, the only way for a county to lawfully abolish CFOs would be to (1) update their Comprehensive Plan to exclude CFOs and (2) to amend their zoning ordinance.  Anything less violates CFO owners' due process rights.

What you should do with this information:

If you have building site in Delaware County and have been considering construction of a new or expansion CFO, get your building application on file soon.  The window to apply under the current ordinance will eventually close, and we expect the next ordinance will make it much more difficult to obtain a building permit or proper zoning for a CFO.

If you have heard of other counties issuing a CFO "moratorium" at a BZA, Plan Commission, or County Commissioner's meeting, please let us know.  The action may not be legal and may not be a valid reason to stop your client from building.