A proposed permanent moratorium on medium- and large-scale hog farms in the Buffalo River watershed failed to gain the approval of members of the Administrative Rules Subcommittee of the Arkansas Legislative Council during a meeting Wednesday.
The moratorium had the backing of Gov. Asa Hutchinson and environmental advocates concerned about a potential threat to the water quality of the Buffalo River from C&H Hog Farms, which until January had operated for several years within the watershed.
Several lawmakers expressed concern the moratorium could be expanded to encompass other parts of the state and limit agricultural activity.
A temporary ban on new medium and large hog farms in the watershed was originally put in place in 2014 amid outcry from environmentalists over C&H Hog Farms, which obtained a license under the administration of former Gov. Mike Beebe to house up to 6,503 hogs on Big Creek, a tributary of the Buffalo River.
The temporary moratorium was repeatedly extended, including a five-year extension granted in 2015.
C&H Hog Farms closed in January after the state negotiated a deal one year ago to buy out the facility and obtain the land as a conservation easement. Hutchinson had sought to make the moratorium permanent.
There are no permitted medium or large hog farms operating in the watershed at the moment, chief counsel for the Department of Energy and Environment Shane Khoury told lawmakers.
The moratorium would prohibit confined animal feeding operations with 750 or more swine weighing 55 pounds or more, or operations with 3,000 or more swine weighing less than 55 pounds.
Sen. Terry Rice, R-Waldron, suggested the moratorium will “have a chilling effect on agriculture.” Khoury responded by saying that is not the intent of the moratorium.
Environmental advocates with the Buffalo River Watershed Alliance and the Ozark Society had pushed for the permanent ban.
While the decision by the Rules Subcommittee illustrates the depth of discomfort with the moratorium among lawmakers, the ultimate fate of the measure remains unclear.
According to Marty Garrity, director of the Bureau of Legislative Research, the full Legislative Council could still vote to overturn the recommendation of the Rules Subcommittee.
Additionally, Khoury acknowledged during Wednesday’s meeting that if the permanent moratorium is not approved, there is a “legitimate question” whether the moratorium must go through the rule-making process again in September 2020 because of a requirement included in the temporary five-year ban.
When the Pollution Control and Ecology Commission in 2015 enacted the five-year moratorium, at the end of that period the Arkansas Department of Environmental Quality director was required to either move to make the moratorium permanent or lift it.
Information for this article was contributed by Michael R. Wickline of the Arkansas Democrat-Gazette.