CFO "Moratorium" Lifted in Delaware County

Our post on March 21 explained that the Delaware County Commissioners had imposed a "hold" on all building permits for confined feeding operations (CFOs).  

We recently learned that the hold was lifted on April 2, meaning CFO building permits are again being issued for Delaware County (for now, at least).  Read the Star Press article for more.

We are glad the county came to its senses without the need for litigation. If a county seeks to forbid any CFO from expanding or construction, such action should be challenged. The only proper way to outlaw CFOs in a county would be to change a zoning ordinance through the lengthy (but lawful) statutory procedure to do so.  Even then, we believe an attempt to completely outlaw CFOs would be suspect.

Counties may use creative terminology to impose CFO "moratoriums" without calling them what they are. They do this because zoning moratoriums are disfavored by courts. But a ban, or hold, or moratorium, or whatever it is called, must comply with the same significant statutory requirements. 

If you are trying to build a CFO and find the county zoning officials keep changing the rules or seek to impose a "moratorium," please let us know. 

The moral of the story? If it looks like a duck and quacks like a duck, it is a duck.  The same is true with CFO moratoriums.