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455B.163 Separation distance requirements for animal feeding operations---expansion of structures constructed prior to May 31, 1995.

An animal feeding operation which does not comply with the distance requirements of section 455B.162 on May 31, 1995, may continue to operate regardless of those separation distances. The animal feeding operation may be expanded on or after May 31, 1995, regardless of those separation distances, if either of the following applies:

1. The animal feeding operation structure as constructed or expanded complies with the distance requirements of section 455B.162.

2. All of the following apply to the expansion of the animal feeding operation:

a. No portion of the animal feeding operation after expansion is closer than before expansion to a location or object for which separation is required under section 455B.162.

b. The animal weight capacity of the animal feeding operation as expanded is not more than the lesser of the following:

(1) Double its capacity on May 31, 1995.

(2) Either of the following:

(a) Six hundred twenty-five thousand pounds animal weight capacity for animals other than bovine.

(b) One million six hundred thousand pounds animal weight capacity for bovine.

Section History: Recent form

95 Acts, ch 195, §17

Internal References

Referred to in §455B.162


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