455B.200A  Permit requirements.

1.  The department shall issue permits for the construction, including the expansion, of animal feeding operation structures, including structures which are part of confinement feeding operations, as provided by rules adopted pursuant to section 455B.200. The department shall issue a permit to an animal feeding operation if an application is submitted according to procedures required by the department and the application meets standards established by the department, regardless of whether the animal feeding operation is required to obtain such a permit. The department shall not require that a person obtain a permit for the construction of an animal feeding operation structure if the structure is part of a small animal feeding operation. For purposes of this section, an animal feeding operation structure includes a manure storage structure.

2.  The department shall not issue a permit for the construction of an animal feeding operation structure which is part of a confinement feeding operation unless the person submits all of the following:

a.  An indemnity fee as provided in section 455J.3 which the department shall deposit into the manure storage indemnity fund created in section 455J.2.

b.  A manure management plan as provided in section 455B.203.

3.  The department shall not issue a permit for the construction of three or more animal feeding operation structures unless the applicant files a statement approved by a professional engineer registered pursuant to chapter 542B certifying that the construction of the animal feeding operation structures will not impede the drainage through established drainage tile lines which cross property boundary lines unless measures are taken to reestablish the drainage prior to completion of construction.

4.  Prior to issuing a permit to a person for the construction of an animal feeding operation, the department may require the installation and operation of a hydrological monitoring system for an exclusively earthen manure storage structure according to rules which shall be adopted by the department.

5.  An applicant for a construction permit shall not begin construction at the location of a site planned for the construction of an animal feeding operation structure until the person has been granted a permit for the construction of the animal feeding operation structure by the department.

6.  The department shall make a determination regarding the approval or denial of a permit within sixty days from the date that the department receives a completed application for a permit.

7.  The department shall deliver a copy or require the applicant to deliver a copy of the application for a construction permit for the construction of a confinement feeding operation or related animal feeding operation structure, including supporting documents, to the county board of supervisors in the county where the confinement feeding operation or related animal feeding operation structure subject to the permit is proposed to be constructed.

The county auditor may accept the application on behalf of the board. If the department requires the applicant to deliver a copy of the application to the county board of supervisors, the county shall notify the department that it has received the application according to procedures required by the department.

a.  The county board of supervisors shall provide for comment as follows:

(1)  The board shall publish a notice that it has received the application in a newspaper having a general circulation in the county. The notice shall include all of the following:

(a)  The name of the person applying to receive the construction permit.

(b)  The name of the township where the confinement feeding operation or animal feeding operation is to be constructed or expanded.

(c)  Each type of animal feeding operation proposed to be constructed or expanded.

(d)  The animal weight capacity of the confinement feeding operation if the construction permit is approved.

(e)  The time when and the place where the application may be examined as provided in section 22.2.

(f)  Procedures for providing public comments to the board of supervisors, as provided by the board.

(2)  The board may hold a public hearing to receive public comments regarding the application for the construction permit. The county board of supervisors may submit comments by the board and the public to the department as provided in this section, including but not limited to all of the following:

(a)  The existence of an object or location not included in the construction permit application which benefits from a separation distance requirement as provided in section 455B.162 or 455B.204.

(b)  The suitability of soils and the hydrology of the site where construction or expansion of a confinement feeding operation or related animal feeding operation structure is proposed.

(c)  The availability of land for the application of manure originating from the confinement feeding operation.

(d)  Whether the construction or expansion of a proposed animal feeding operation structure will impede drainage through established tile lines, laterals, or other improvements which are constructed to facilitate the drainage of land not owned by the person applying for the construction permit.

b.  The department shall notify the county board of supervisors at least three days prior to conducting an inspection of the site that the construction is proposed in the permit application. The county board of supervisors may designate a county employee to accompany a departmental official during the site inspection. The county designee shall have the same right to access to the site's real estate as the departmental official conducting the inspection during the period that the county designee accompanies the departmental official.

c.  The department shall not approve the application until thirty days following delivery of the application to the county board of supervisors.

d.  The department shall consider and respond to comments submitted by the county board of supervisors regarding compliance by the applicant with the legal requirements for approving the construction permit as provided in this chapter, including rules adopted by the department pursuant to section 455B.200, if the comments are delivered to the department within thirty days after receipt of the application by the county board of supervisors. Upon written request by a county resident, the county board of supervisors shall forward a copy of the board's comments and the department's responses to the county resident as provided in chapter 22.

8.  The department shall notify the county board of supervisors of the county where a confinement feeding operation or related animal feeding operation structure subject to a construction permit is proposed to be constructed. The notice shall state the department's decision to approve or disapprove an application for the construction permit. The notice shall be delivered to the county within three days following the department's decision. The county board of supervisors may contest the decision by filing a demand for a hearing before the commission as provided by rules adopted by the department in conformance with chapter 17A. In contesting the decision, the county shall submit a statement to the department, providing all reasons why the application should be approved or disapproved according to legal requirements provided in this chapter.

a.  The county board of supervisors must contest the decision within fourteen days following receipt of the department's notice to approve or disapprove the application.

b.  The contested decision shall be heard by the commission according to procedures adopted by the commission. The commission may hear the case as a contested case proceeding under chapter 17A. The commission shall render a decision within thirty-five days from the date that the county board of supervisors files a demand for a hearing. The decision of the commission shall be final agency action under chapter 17A.

9. a.  The department shall not issue a permit to a person under this section if an enforcement action by the department, relating to a violation of this chapter concerning a confinement feeding operation in which the person has an interest, is pending, as provided in section 455B.202.

b.  The department shall not issue a permit to a person under this section 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.

Section History: Recent form

  98 Acts, ch 1209, §26, 53

Internal References

  Referred to in §455B.203, 455B.205, 455J.1, 455J.3, 455J.4


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