County seeks balance on chicken barn questions

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Seward County leaders have poultry on their minds.

On May 19 the Seward County Planning Commission split 4-4 as they advanced to the Seward County Board of Commissioners a proposed 212,000-capacity chicken feeding operation near 224th and Yankee Hill Roads, which is owned by Thomas M. Havlat and Thomas J. “T.J.” Havlat.

The next day, the board of commissioners approved a conditional use permit for a different feeding operation for 224,000 chickens southwest of Tamora owned by Luebbe Family Poultry, Inc., represented by Gordon Luebbe and Travis Caspersen, that planning commissioners approved 6-0 in April.

But both hearings left planning commissioners and county commissioners discussing current policy and draft revisions they have established to mitigate any health or environmental risks that come with the operations while still promoting agricultural pursuits across the county.

If the Havlat operation is approved after the commission’s public hearing scheduled for 9:15 a.m. Tuesday, June 3, Seward County would be home to 10 approved chicken feeding farms.  

The eight chicken farms now operating in Seward County have 48 chicken barns with about 25,000 chickens per barn, or 1.2 million birds. The additional two farms would raise that total to more than 1.6 million chickens, or about 92 chickens for every one of the county’s 17,763 residents.

Seward County Chamber and Development Partnership CEO Jonathan Jank said seven of the eight existing chicken farms are affiliated with Lincoln Premium Poultry, which supplies Costco stores, and the eighth is affiliated with Smart Chicken. A turkey farm near Goehner is no longer active.

Three parties are known to be considering additional Seward County chicken operations, two in Commissioner Misty Ahmic’s district and one in Commissioner Reagan Hain’s.

Hain’s district includes most of western and northwestern Seward County, from Agnew Road north and west of 224th Road, from Raymond Road north from 252 to the York County line, from Van Dorn Road north from 308th Road west to the York County line, and from Saltillo Road north and west of 382nd Road west to the York County line.

Ahmic’s district runs from Saltillo Road to Fletcher Road between 224th Road and 308th Road, and from Saltillo Road to Van Dorn Road between 308th to 392nd.

The Luebbe and Havlat operations would be similar in size and other features. 

Both are affiliated with the Smart Chicken meat processor, as is the existing farm owned by the Luebbe family. Both plan to compost manure, deceased chickens and other debris with straw and other materials to later be disked into farm fields as fertilizer, and both have worked with experienced site planners to lay out their barns for efficiency and zoning requirements.

Both had fellow producers offer information about minimizing odor and any blowing debris.

Both also had representatives from the Alliance for the Future of Agriculture in Nebraska and the Seward County Chamber and Development Partnership endorsing their plans.

“It is a good operation for a family enterprise,” the alliance’s Steve Martin told the commissioners, while his colleague, Kristopher Bousquet, told the planning commission that standard farming practices have a scientific foundation.

Jank attended both hearings and noted the work a county committee did four or five years ago to plan for livestock operations.

“This project is a perfect example of how we support the next generation of farming,” Jank said at the commissioners’ hearing.

But others who showed up at the planning commission’s public hearing for the Havlat operation raised questions about odor, airborne illnesses, water, and heavier traffic on their county roads.

Hain said constituents in her district, which holds most of the existing farms, contact her about odor issues.

Seward County received the Nebraska Department of Agriculture’s Livestock Friendly County status in 2017, Ahmic said, which recognizes the county’s support of livestock operations, including potential education, appreciation and community-related activities, as well as some commitment to support the livestock industry in the county and enforce county zoning ordinances.

Livestock operations are nearly half of all agricultural receipts in the state, according to the Department of Agriculture’s website, and livestock processing is the single largest employment class in the state. About half of Nebraska’s counties are designated Livestock Friendly Counties.

“We are ag friendly in Seward County, but being neighborly is extremely important,” Ahmic said.

 

Planning Commission splits on Havlat request

The Havlat operation would include eight barns to house up to 212,000 chickens with plans for on-site composting and manure storage. 

Seward County Planning and Zoning Administrator Marissa Pfile sent out 75 letters notifying neighbors within one mile of the site, which is the standard process for conditional use permits, but a little larger than other public hearing mailings.

Asha Schweitzer submitted a letter to the Planning Commission opposing the plan, saying she lives two miles east of the proposed farm and in 2024 experienced histoplasmosis, an illness associated with bird droppings. She was hospitalized after the disease affected her esophagus and lungs and she developed arthritis. 

Her letter was read to the roughly 45 people who attended the planning commission’s hearing. Her husband, Grant, attended the meeting and said they drive by the planned chicken facility to take their kids to and from school.

“It is scary to us personally,” Schweitzer said.

According to the Centers for Disease Control and Prevention website, histoplasmosis can be found in much of the eastern half of the United States including eastern and central Nebraska. Seward County is in an area for which environmental conditions are thought to be most suitable for the histoplasma fungus to grow. 

Others attending mentioned the potential impact of a chicken barn on area property values, water availability, traffic and bird flu.

T.J. Havlat said the farm’s well is good and they should not have water shortage issues.

Randy Christo of Ashland, who owns a chicken facility in the Tecumseh area and previously had one near DeWitt, said most chicken operations keep chicks about 49 days until they are about seven pounds. After a flock is moved out, barns are cleaned.

Christo said if bird flu is identified, the state veterinarian’s office immediately euthanizes the flock, shuts down the farm for a time, and begins frequent inspections at nearby farms.

The Planning Commission raised several concerns as they went through the 14-question findings of fact worksheet also used by the Board of Commissioners.

One planning commissioner asked if there is a maximum number of chicken farms the county could support. One said the Havlats did everything asked of them by the current regulations and the zoning process.

A few noted the questions that required scientists or health care professionals to answer.

“As a board, we are making assumptions and that’s not the way to go,” one member said.

In the end, the board split 4-4 with Curt Eberspacher, Kate Schweitzer, Phil Hargis and Ryan Krenk voting in favor of the conditional use permit for the new farm, and Jack Daniel, Dale Niemann, Sue Medinger and Brent Schluckebier voting against. With a tie, the application advances to the board of commissioners.

 

County commissioners

approve Luebbe permit

The next morning at the May 20 Seward County Commissioners’ public hearing, plans for Luebbe Family Poultry Inc. to build barns for up to 224,000 chickens four miles east of Utica were approved, based on the requirements set out in county zoning materials and the Planning Commission’s 6-0 endorsement on April 21.

Gordon Luebbe told the board he is “excited about the opportunity for us to see what it can do for our family and county.”

Seward County chicken farmer Adam Hladky told commissioners his four barns hold about the same number of chickens as the proposed operation and follows similar feeding and sanitary practices. 

“The money I spend in the county because of my chicken barns is pretty significant,” he said. “If you are going to live out in the county, you have to expect agriculture going on around you.”

The zoning office sent out 48 letters to property owners within a mile of the Luebbe’s property. The Luebbes already have another chicken farm nearby.

After discussion, the commissioners read through the standard zoning checklist and split 3-2 on their answers to the 10th and 11th statements related to odor and malodorous gas or matter. 

Hain, Ahmic and Darrell Zabrocki said they could not say those criteria would be met, while Scott Pekarek and Ken Schmieding said they could. But the commissioners do not have to agree on all checklist answers to approve a conditional use request.

In the end, the board gave unanimous, non-transferrable permission for the Luebbe Family Poultry, Inc., to proceed with its plans. 

 

Commissioners

consider zoning rules

Later in the commissioners’ regular meeting, Hain said the significant health questions that have been raised and the potential for more chicken operations in the county may merit some study.

“I am not an expert on any of these things. All I can do is ask the question and find out what it would cost,” Hain said of a study.

Others noted studies often require years to complete and they have found it difficult to find a completed study not sponsored by entities with a vested interest in the results.

Zabrocki suggested finalizing changes to the livestock-related zoning regulations prior to acting on the entire zoning regulations package, which has been in review status for some months, but Ahmic said the differences between the zoning regulations between the two are fairly small. 

Prior to a 2014 revision of the county’s regulations, the livestock regulations matched the Nebraska Department of Agriculture guidelines. The Seward County Commissioners in 2014 lowered the setback requirements for livestock operations, but only slightly, she said. For example, the required county setback for chicken barns is ¼ mile, while the state requirement is 3/8 mile.

Assistant County Attorney Barbara Armstead cautioned the commissioners about discussing or changing policy while considering current applications and suggested they move into a closed, executive strategy session. After the 26-minutes session, commissioners said no decision was made during the session or when they returned to the open discussion.

As the public meeting ended, Ahmic asked Melissa Pfile, county zoning administrator, to include the draft planning regulations on the planning commission’s June 16 agenda.