County extends poultry moratorium to May 31

Posted

At the request of the Seward County Planning Commission, Seward County Commissioners extended the moratorium on adding large-scale commercial poultry operations for another five months.

The vote for the extension until May 31 was unanimous with little discussion.

The moratorium was adopted Aug. 5 with a retroactive start date of July 31 to give the county time to review its zoning regulations related to poultry operations’ potential impact on health, safety, welfare, infrastructure and environmental quality.

A subcommittee of the Seward Planning Commission formed to review the regulations, gather information and assess the need for any changes in the existing regulations, and County Commission Chair Misty Ahmic said the group sought additional time after meeting once since the moratorium began.

Ahmic told the commission she is asking that the committee’s review be on the planning commission’s monthly agenda until the review is completed.

Eight poultry operations were established in Seward County between 2018 and 2020. Between Jan. 1 and Aug. 5 of 2025, the county approved three conditional use permits for additional farms. A fourth conditional use application was in the review process when the moratorium was enacted and was approved by the board in late August.

However, the owners of that proposed operation withdrew the application and requested the county cancel the permit on Oct. 15 after a lawsuit was filed in Seward County District Court. The lawsuit was dismissed “without prejudice to a future action” on Oct 22. 

Seward County concentrated animal feeding operations (CAFOs) for poultry typically work with SmartChicken and Lincoln Premium Poultry processors in Nebraska and include eight chicken barns, housing 224,000 chickens per farm. 

Regulations categorize them as Large Confined Feeding Operation 1, requiring a 1,980-foot setback from a residence that is not on the property, a platted residential area, public park, recreational area, church cemetery, religious area, Interstate 80, school, historical site and/or residential district.

The operations must be in A-1 Agricultural Preservation Zones, which protect land best suited for agriculture. The operations must also meet state land use requirements and any licensing or waste disposal requirements at that level.

The moratorium cited “observable impacts on local infrastructure and communities” as well as increased truck traffic, potential health concerns related to air quality, odor and dust, environmental concerns and the proximity of neighbors.

The 2025 poultry operation conditional use permits also included the condition that permits would not transfer if a business is sold. 

The later application hearings also included concerns about operation-related truck traffic damaging county roads. Owners were asked to coordinate specific truck routes in coordination with the Seward County Roads Department.

Possible regulations may address size, scale, spacing and operation of poultry facilities within the zoning and regulatory framework.

Any changes proposed would be reviewed by the planning commission, which makes recommendations to the county board of commissioners. Each board would schedule public hearings on the regulations.

The Nebraska Department of Agriculture designated Seward County as a Livestock Friendly County in 2017, recognizing its support for livestock operations, commitment to support the livestock industry and enforcement of zoning ordinances.