House Journal: Page 1440: Friday, April 12, 2002
25 NEW SUBSECTION. 3. In calculating the animal unit
26 capacity of a confinement feeding operation, the
27 animal unit capacity shall include the animal unit
28 capacity of all confinement feeding operation
29 buildings which are part of the confinement feeding
30 operation, unless a confinement feeding operation
31 building has been abandoned as provided in section
32 455B.161A.
33 NEW SUBSECTION. 4. All distances between
34 locations or objects provided in this subpart shall be
35 measured in feet from their closest points.
36 NEW SUBSECTION. 5. a. The department shall
37 designate by rule each one hundred year floodplain in
38 this state according to the location of the one
39 hundred year floodplain. A person shall not be
40 prohibited from constructing a confinement feeding
41 operation on a one hundred year floodplain unless the
42 one hundred year floodplain is designated by rule in
43 accordance with this subsection.
44 b. (1) Until the effective date of rules adopted
45 by the department to designate the location of each
46 one hundred year floodplain in this state, a person
47 shall not construct a confinement feeding operation
48 structure on land that contains a soil type classified
49 as alluvial unless the one of the following applies:
50 (a) If the person does not apply for a
Page 20
1 construction permit as provided in section 455B.200A,
2 the person must petition the department for a
3 declaratory order pursuant to section 17A.9 to
4 determine whether the location of the proposed
5 confinement feeding operation structure is located on
6 a one hundred year floodplain. The department shall
7 issue a declaratory order in response to the petition,
8 notwithstanding any other provision provided in
9 section 17A.9 to the contrary, within thirty days from
10 the date that the petition is filed with the
11 department.
12 (b) If the person does apply for a construction
13 permit as provided in section 455B.200A, the person
14 must identify that the land contains a soil type
15 classified as alluvial. The department shall
16 determine whether the land is located on a one hundred
17 year floodplain.
18 (2) The department shall provide in its
19 declaratory order or its approval or disapproval of a
20 construction permit application a determination
21 regarding whether the confinement feeding operation is
22 to be located on a one hundred year floodplain,
23 whether the confinement feeding operation may be
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