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House Journal: Page 1513: Monday, April 13, 1998

39   land benefiting from the distance separation
40   requirement executes a written waiver with the
41   titleholder of the land where the structure is
42   located,.  If an animal feeding operation structure is
43   constructed or expanded within the separation distance
44   required between an animal feeding operation structure
45   and a thoroughfare as required pursuant to section
46   455B.162, the state or a political subdivision
47   constructing or maintaining the thoroughfare
48   benefiting from the distance separation requirement
49   may execute a written waiver with the titleholder of
50   the land where the structure is located.  The animal

Page  17

 1   feeding operation structure shall be constructed or
 2   expanded under such terms and conditions that the
 3   parties negotiate.
 4     b.  The A written waiver under this
subsection
 5   becomes effective only upon the recording of the
 6   waiver in the office of the recorder of deeds of the
 7   county in which the benefited land is located.  The
 8   filed waiver shall preclude enforcement by the state
 9   of this part section 455B.162 as it relates to a
10   distance requirement between the animal feeding
11   operation structure and the location or object
12   benefiting from the separation distance requirement.
13     5.  An animal feeding operation structure which is
14   located constructed or expanded within any distance
15   from a residence, educational institution, commercial
16   enterprise, bona fide religious institution, city, or
17   public use area, if the residence, educational
18   institution, commercial enterprise, or bona fide
19   religious institution was constructed or expanded, or
20   the boundaries of the city or public use area were
21   expanded, after the date that the animal feeding
22   operation was established.  The date the animal
23   feeding operation was established is the date on which
24   the animal feeding operation commenced operating.  A
25   change in ownership or expansion of the animal feeding
26   operation shall not change the established date of
27   operation.
28     Sec. 21.  Section 455B.165, Code 1997, is amended
29   by adding the following new subsections:
30     NEW SUBSECTION.  3A.  An animal feeding operation
31   structure which is constructed or expanded within a
32   separation distance required between an animal feeding
33   operation structure and a thoroughfare as required
34   pursuant to section 455B.162, if permanent vegetation
35   stands between the animal feeding operation structure
36   and that part of the right-of-way from which the
37   separation distance is measured as provided in section
38   455B.164.  The permanent vegetation must stand along

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