BURLEY - Cassia County Planning and Zoning commissioners have taken another step toward controlling the effect of large dairies, requiring that new and expanding dairies legally record the acres that will be used for nutrient management plans.

As part of the Confined Animal Feeding Operation approval process, commissioners recently began requiring dairies to have signed contracts from property owners who have agreed to let their land be used for nutrient management.

Last week, commissioners took that requirement a step further, requiring the expanding Steve Wybenga Dairy, 1300 S 900 W, to legally record such contracts. The dairy will expand from 6,950 to 9,600 animal units. The increase will be due to heifers, not fresh cows, Steve Wybenga said.

Requiring signed contracts will help prevent more than one dairy from using the same piece of land for nutrient management, and legally recording those contracts will protect dairies if the land is sold, commissioners said.

The county is in process of mapping acres set aside for nutrient management to ensure there is no overlap among dairies.

Also at last week's regular meeting, commissioners revoked a permit for a garage at 279 W 100 S. Ivan L. and Julie Garner had requested a variance for the garage to build it within the road setback, which is typically 54 feet from the center line of the road. The Garners requested to put the garage 38 feet from the center line.

Two weeks ago, the commissioners conditionally approved the Garners' request. One of the conditions for that approval was that the Burley Highway District agree, in writing, with the Planning and Zoning commissioners' decision to grant the variance.

The garage's cement pad had been poured prior to the public hearing two weeks ago, said County Administrator Kerry McMurray in an interview after the meeting. However, he added that he felt the Garners had done that because of bad advice and not because they chose to flout the county ordinance.

Final approval of the Garners' request was on the commission's agenda, but prior to the meeting the Garners were issued a permit to build the garage. Building Inspector Dee Yeaman told commissioners that he cautioned Ivan Garner to wait until the resolution approving the variance was signed before he continued construction on the garage, but Garner indicated he would not wait, Yeaman said.

At last week's meeting, commissioners discussed a letter from the highway district that expressed concern that the road and canal bridge adjacent to the Garners' property could be widened in the future, and the effect that widening could have on the garage.

Commissioners said the letter fell short of the approval they had required as a condition for granting the variance. Therefore, they revoked the building permit and did not sign the resolution granting the variance.

Commissioners also approved a request from the Dan Gochnour Dairy, 102 S 200 W, to move the dairy's lagoon.

Future meetings of the Planning and Zoning Commission have been switched to start at 7 p.m. rather than 8 p.m.