(1) A landowner who desires to create a livestock district, or to annex property to an existing livestock district, may apply to the county governing body for formation of, or annexation to, the district. The request shall be filed with the county clerk of the county where the land proposed for inclusion in the district is located. If the application is for the formation of a livestock district, the application shall set forth the name by which the proposed district is to be designated, and shall describe the boundaries of the proposed district. If the application is for annexation to an existing district, the application shall state the name of the district, the location of the district and the location of the land proposed for annexation to the district.

(2) The governing body, or a hearings officer designated by the governing body, shall schedule a public hearing regarding the request. The hearing must be held not less than 30 or more than 90 days after receipt of the application.

(3) The county clerk shall send notice by certified mail to the applicant and to:

(a) Owners of record, as shown on the most recent property tax assessment roll, of property:

(A) Located within the proposed or existing district;

(B) Proposed for annexation to an existing district; or

(C) Located within 500 feet of the boundaries of a proposed district or area proposed for annexation to an existing district; and

(b) Any neighborhood or community organization recognized by the governing body and having boundaries within the proposed livestock district.

(4) The notice mailed by the county clerk shall:

(a) Explain the nature of the application and identify what livestock or class of livestock are or would be permitted to run at large within the livestock district, including any age or breed limitations;

(b) Clearly identify the location of the proposed or existing district, and the location of any area proposed for annexation to an existing district, including both legal and commonly employed geographical references;

(c) State the date, time and location of the hearing;

(d) Include the name of a county government representative to contact and the telephone number where additional information may be obtained;

(e) State that a copy of the application and all documents and exhibits submitted by or on behalf of the applicant are available for inspection at no cost and will be provided at reasonable cost;

(f) If county staff has prepared or is preparing a report regarding the proposed livestock district or annexation, state that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies of the report will be available at reasonable cost; and

(g) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.

(5) The county clerk shall mail notice under subsection (3) of this section at least 20 days before the hearing date.

(6) The county clerk shall publish a notice of the hearing in the newspaper having the largest general circulation in the county. If the application is for formation of a livestock district, the notice shall be headed: ‘Notice of the Proposed Formation of ______ Livestock District, ______ County,’ stating the name of the proposed district and the name of the county. If the application is for annexation to an existing livestock district, the notice shall be headed: ‘Notice of the Proposed Annexation to ______ Livestock District, ______ County,’ stating the name of the existing district and the name of the county. The notice shall:

(a) State the time and place of the hearing on the matter of formation of, or annexation to, the district;

(b) Clearly identify the location of the proposed or existing district, and the location of any area proposed for annexation to an existing district, including both legal and commonly employed geographical references; and

(c) Explain the nature of the application and identify what livestock or class of livestock are or would be permitted to run at large within the livestock district, including any age or breed limitations.

(7) The notice required by subsection (6) of this section shall be published once a week for two successive weeks prior to the time fixed for the hearing. A copy of the published notice shall be forwarded to the State Department of Agriculture by certified mail.

(8) The applicant for formation of, or annexation to, the livestock district shall provide the county governing body or hearings officer with copies of all documents and exhibits that the applicant intends to introduce at hearing in support of the application. The county governing body or hearings officer shall establish the deadline for applicant submission of the documents and exhibits, which may not be later than seven days before the hearing date. The county clerk shall make documents and exhibits submitted under this section available for inspection by the public at no cost and provide copies at reasonable cost.

(9) Any staff report used at the hearing shall be available at least seven days prior to the hearing.

(10) If documents or exhibits are provided in opposition to formation of, or annexation to, the livestock district, the county governing body or hearings officer may allow a continuance or leave the record open to allow the applicant a reasonable opportunity to respond. [2019 c.450 § 2]

[Amended by 1957 c.604 § 9; 1977 c.308 § 1; 1983 c.83 § 108; 1995 c.268 § 1; repealed by 2019 c.450 § 9]