BASTIAN -- Bland County's planning commission found itself in the middle of an unusual and dogged dispute Monday night when animal welfare activists from groups as far away as Utah opposed members and supporters of the local Amish community.

In the fervent face-off, 43 people spoke for or against Ivan Schmucker Jr.'s request for a conditional use permit to rebuild his family's business, Dogwood Kennels. The county meeting room was packed -- and evenly divided -- for the hearing to determine whether the request would go to the board of supervisors for a final decision. Of the speakers, a slight edge went to those who oppose granting the permit. After 2¹₂ hours of comment, the commission voted unanimously to recommend approval of the permit to the supervisors.

The Amish Schmucker family owns the kennel, which burned March 21, killing nearly 200 dogs. The Schmuckers want to restart their puppy farm at 1398 Byrnes Chapel Road. Currently, the family has 150 adult dogs housed in temporary outdoor pens and has proposed building a new facility with amenities that exceed U.S. Department of Agriculture requirements for breeding operations.

At the time of the fire, Dogwood Kennels was licensed by the federal government to operate the puppy farm and sell to pet stores. The Schmuckers did not, however, have the conditional use permit required by the county for such a business. They have said they were not aware that a local permit was needed in addition to the federal permit.

The fire -- ruled accidental by Bland County Fire Department Chief Jerry Farlow -- caught the attention of animal welfare proponents and sparked outrage. Although breeding farms are legal when regulated and supervised by the USDA, animal groups across the country call them inhumane and unnecessary. They point to the thousands of dogs awaiting adoption in shelters -- at least 25 percent of which are purebred dogs -- and claim that the USDA's minimum standards do not protect animals bred in what they dub "puppy mills."

Planning commission chairman Jerry Mercer sternly warned speakers against using the term "puppy mill" at Monday's hearing, stressing that the Schmuckers were applying for a kennel permit. He also warned that speakers disrupting the proceedings or posing a threat would be removed. County police officers were on hand, but no one in the audience created disturbance beyond cheering the speakers.

Several animal protection agencies had representatives -- including Russ Mead, attorney with the national Best Friends Animal Society based in Utah -- at the meeting to appeal to the commissioners to consider what they call the inhumane conditions of mass breeding operations. The groups were also concerned over the possible environmental threats to humans as a result of the Schmuckers' proposal to use dog feces as fertilizer on their land.

"Fifty square feet is all we're looking for. That's a 7-foot-by-7-foot box," Mead said in recommending that the Schmuckers be required to provide ample space for each caged dog should their request be granted. Ivan Schmucker Jr. told the commission in an earlier meeting that his cages would meet the USDA regulations of 6¼ square feet and that he planned to provide additional space with outdoor runs for each dog. The Schmuckers sell only small popular breeds, such as Chihuahuas, Yorkshire terriers and pugs.

"We're just trying to make an honest living as God gives us the ability to do," Schmucker told the commission May 7, when he first asked for the permit.

At Monday's gathering, more than 50 local Amish arrived to support the Schmuckers. Because it is against their religion to operate motor vehicles, they were driven to the meeting in a charter bus.

"We can show our support and we can stand together," said Joseph Kinsinger, an Amish carpenter and produce farmer, "but the final decision is regulated by [a] higher hand."

In recommending approval of the permit, the commission attached 14 conditions, including limiting the number of adult dogs the Schmuckers are allowed to keep to 250 and ordering a written evacuation plan to safeguard people and animals in the event of an emergency. Before they present the proposed permit to the supervisors, the commission decided to research the matter of fecal disposal further.

"I was pleased with the outcome," said Ron Taconet of Bland after the meeting. "I thought they were fair. A lot of those stipulations they put on were already in place."

"They're going to get their damn permit," predicted Sarah Dutton, vice president of the Wythe County Humane Society. "As a Bland County citizen, I'm very disappointed because our opinion did not seem to matter. They didn't hear us."

Supervisors will consider the matter in a public forum June 25.