1. As used in this section, "construction" means the same as defined by rules adopted by the department applicable to the construction of animal feeding operation structures as provided in this part.
2. a. A person shall not construct or expand an animal feeding operation structure which is part of a confinement feeding operation, if the person is a party to a pending action for a violation of this chapter concerning a confinement feeding operation in which the person has a controlling interest and the action is commenced in district court by the attorney general.
b. A person shall not construct or expand an animal feeding operation structure which is part of a confinement feeding operation for five years after the date of the last violation committed by a person or confinement feeding operation in which the person holds a controlling interest during which the person or operation was classified as a habitual violator under section 455B.191.
3. This section shall not prohibit a person from completing the construction or expansion of an animal feeding operation structure, if any of the following apply:
a. The person has an unexpired permit for the construction or expansion of the animal feeding operation structure.
b. The person is not required to obtain a permit for the construction or expansion of the animal feeding operation structure.
97 Acts, ch 150, §1
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