A separation distance requirement provided in this part shall not apply to the following:
1. A confinement feeding operation structure which provides for the storage of manure exclusively in a dry form.
2. A confinement feeding operation structure, if the structure is part of a confinement feeding operation which qualifies as a small animal feeding operation. However, this subsection shall not apply if the confinement feeding operation structure is an unformed manure storage structure.
3. a. An animal feeding operation structure which is constructed or expanded, if the titleholder of the land benefiting from the distance separation requirement executes a written waiver with the titleholder of the land where the structure is located. If an animal feeding operation structure is constructed or expanded within the separation distance required between an animal feeding operation structure and a thoroughfare as required pursuant to section 455B.162, the state or a political subdivision constructing or maintaining the thoroughfare benefiting from the distance separation requirement may execute a written waiver with the titleholder of the land where the structure is located. The animal feeding operation structure shall be constructed or expanded under such terms and conditions that the parties negotiate.
b. A written waiver under this subsection becomes effective only upon the recording of the waiver in the office of the recorder of deeds of the county in which the benefited land is located. The filed waiver shall preclude enforcement by the state of section 455B.162 as it relates to a distance requirement between the animal feeding operation structure and the location or object benefiting from the separation distance requirement.
4. An animal feeding operation structure which is constructed or expanded within a separation distance required between an animal feeding operation structure and a thoroughfare as required pursuant to section 455B.162, if permanent vegetation stands between the animal feeding operation structure and that part of the right-of-way from which the separation distance is measured as provided in section 455B.164. The permanent vegetation must stand along the full length of the animal feeding operation structure. The permanent vegetation must be at least seedlings and have a mature predicted height of at least twenty feet. The department shall adopt rules to carry out this subsection.
5. An animal feeding operation which is constructed or expanded within the corporate limits of a city, or the area within a separation distance required pursuant to this part, if the city approves a waiver which shall be memorialized in writing. The written waiver becomes effective only upon recording the waiver in the office of the recorder of deeds of the county in which the benefited land is located. The filed waiver shall preclude enforcement by the state of this part as it relates to the animal feeding operation structure. However, this subsection shall not affect a separation distance required between residences, educational institutions, commercial enterprises, bona fide religious institutions, or public use areas, as provided in this part.
6. An animal feeding operation structure which is constructed or expanded within any distance from a residence, educational institution, commercial enterprise, bona fide religious institution, city, or public use area, if the residence, educational institution, commercial enterprise, or bona fide religious institution was constructed or expanded, or the boundaries of the city or public use area were expanded, after the date that the animal feeding operation was established. The date the animal feeding operation was established is the date on which the animal feeding operation commenced operating. A change in ownership or expansion of the animal feeding operation shall not change the established date of operation.
7. The application of liquid manure on land within a separation distance required between the applied manure and an object or location for which separation is required under section 455B.162, if any of the following apply:
a. The liquid manure is injected into the soil or incorporated within the soil not later than twenty-four hours from the original application, as provided by rules adopted by the commission.
b. The titleholder of the land benefiting from the separation distance requirement executes a written waiver with the titleholder of the land where the manure is applied.
c. The liquid manure originates from a small animal feeding operation.
d. The liquid manure is applied by spray irrigation equipment using a center pivot mechanism as provided by rules adopted by the department, if all of the following apply:
(1) The spray irrigation equipment uses hoses which discharge the liquid manure in a downward direction at a height of not more than nine feet above the soil.
(2) The spray irrigation equipment disperses manure through an orifice at a rate of not more than twenty-five pounds per square inch.
(3) The liquid manure is not applied within two hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area.
8. The distance between an animal feeding operation structure and a cemetery, if any of the following applies:
a. The animal feeding operation structure was constructed or expanded prior to January 1, 1999.
b. The construction or expansion of the animal feeding operation structure began prior to January 1, 1999.
95 Acts, ch 195, §19; 98 Acts, ch 1209, §20, 21, 53
Referred to in §455B.162, 654C.1, 654C.5
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